SOS e Clarion Of Dalit

September 20, 2017

Interrogate Chief Justice & DGPs

Filed under: dalit human rights — Nagaraja M R @ 4:03 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.36… . 20  / 09 / 2017

 

 

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

Refer   following  appeal nos   CHALLENGE  to  CJI

Honourable Chief Justice of India –   DEPOJ/E/2017/04591

Honourable Union Minister for Law & Justice –   DLGLA/E/2017/01435

Honourable  Union Home Minister  –  MINHA/E/2017/09100

H.E.Honourable President of India  –  MINPA/E/2017/00384

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , Dalit’s Diary & Indian’s Diary ,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 19.09.2017……………..your’s sincerely,
Place : Mysore , India   ……….Nagaraja  Mysuru Raghupathi

 

Notice  to Chief Justice of India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

Editorial :  Cross  Examination of Judges & Police

Honourable CJI , Union Home Secretary ,  Chief Justices , DG & IG  of Police of all States , UTs  FIRST   Answer   Questions

 Our  whole hearted respects  to  honest  few  working  in  judiciary , police & public service. Our  comments  are  only directed  towards  corrupt  judges  , corrupt police , corrupt  public servants and the term “JUDGE” includes all public officials performing judicial , quasi judicial functions.  

Judges , Police are  NOT answering our  following RTI Questions NOR admitting our PILs since years. Both  of  them  are  denying  information   leading  to  crimes , covering up crimes.  Thereby , both of them  are aiding anti nationals , criminals.  Who will prosecute these guilty judges & police ?

 Powers that be , cabinet ministers , judges are simply  sending my petitions  to  police , to ensure closure of  files. In most of the cases police does not have the  power  nor  jurisdiction  and in the remaining cases   they need  written legal sanction from  president of india  or  governor or  from their  ministry  head   to  legally  prosecute  high  &  mighty  but  legal  sanctions are not given.  Ultimate  aim of  the  judges , ministers , police  is  to  close  the  file  , to bury  the  TRUTH.  They  transfer the case to  police ,  so  that  under the threat of  khaki power   complainant  becomes  silent.

I have  been summoned  to  police  station  tens  of  times  without   legal  summons  to  give  statements , by  the way  I have  lost  money , daily wages , transportation cost. No compensation for that  were paid to me. Rich , mighty  criminals were not even summoned once why ?   Police  question  commoners   for  hours  in some  cases  even  apply  3rd  degree   TORTURE  on common  people   to get  answers. Why  police  are   NOT  questioning   rich  , mighty  criminals ,  criminals  within the police force & judiciary , why  NOT  police  are  applying  3rd  degree TORTURE  on  those  CRIMINAL  POLICE  , JUDGEs  to elicit  truth  in national interest.

In  courts of  justice  , common people  are  subjected  to  rigorous  questioning  by  prosecution , defense lawyers and  judges. In  the  same  way  when  you  judges &  police themselves  are in the dock , why  can not  you be questioned  to elicit truth in national interest. Are  YOU  Judges &  Police  special , exceptions , above  LAW ?

  My  petitions  have  been transferred  tens  of times  to police  whether  they have  jurisdiction over it , whether they have legal  sanction  to enquire it or  NOT. All the files  were closed  by  recording  my statement  without  any  enquiry  of  high , mighty criminals.  We  need  JUSTICE  in  all  the  cases , before  summoning me to police  station  summon  high , mighty  criminals  to  police  station  FIRST , before  questioning  me  YOU  Judges  and  Police  ANSWER  our  questions   FIRST ,  act  on  our  PILs  FIRST.  We  the public  want to know  under  who’s  behest  you  JUDGEs , POLICE  are  burying  the  truth , cases , files ,  our   appeals.

  Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

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

– Mahatma Gandhi

 

RTI   Appeals  Not  Answered   by  SUPREME  COURT  OF  INDIA  – Crimes  Cover-up

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 

 

 FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 “Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  judges  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters.

 Eventhough  the information is readily available with SCI , information was denied citing unavailability.  If at all information is not truly available , why didn’t the   CPIO  TRANSFER rti  application to concerned departments of SCI  , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer  posess  SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person  who posess SR  can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to  prosecute  that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is  Judge’s  MAFIA  at play ?

The  action  of  CPIO  SCI  amounts  to cover up  of judges & their crimes. Thereby  , CPIO  is also committing  a crime. With respect  to previous RTI Appeals  also  CPIO & RTI  First Appellate Authority  SCI  have repeatedly  committed  crimes  by  covering up  judges & their crimes.  Billions of indians  are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them  / shame to JUDGEs that they  draw  pay  &  perks  amounting to lakhs of rupees from our money , from taxes paid by us still not do their  constitutional duties properly.

 GIVE  WHAT  ACTION HAS BEEN  TAKEN AGAINST  THE  GUILTY JUDGES   MENTIONED  IN THE BELOW MENTIONED WEB SITES & FOLLOWING  ARTICLES.

 We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,  

 Atrocities on  Women  by  JUDGES

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges     

   A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

 Justice  Sathasivam –  Are  you  DEAF  DUMB  &  BLIND

https://sites.google.com/site/eclarionofdalit/justice-sathasivam—are-you-deaf-dumb-blind ,   

Rajiv Gandhi Assassination Cover-up

https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up  ,

SHAME  SHAME  MPs  &  MLAs

https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas  ,

JUDGEs  or  Brokers  of  Justice

https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,

 RTI  &  Land  Golmaal

https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka  ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams  ,

 Hereby ,  we  do request  CPIO  O/O  Honourable Chief Justice of India  , Supreme Court  of India , New Delhi  to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges  are public servants drawing salary & perks from public exchequer  and accountable to public as any other  common man  is.

Please give following  information  :

Main  A :

1.    Please give me The address  of salary disbursing officer in supreme court of india. Salary disbursing officer will be maintaining service records  of all employees of supreme court of india including judges. These records are used for disciplinary action , promotion , transfer of judges. If not within SCI , please give the address of the  outside public  official who maintains  service records of supreme court  judges and kindly compile  information from him and give it to me  orelse  transfer my RTI application to him.

2.    Please give me the list of serving as well as retired supreme court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

3.    Please give me the list of serving as well as retired  high  court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

4.    Please give me the list of serving as well as retired  district & taluk  court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

5.    Some of the high courts are demanding higher RTI application fees  than stipulated by law. Eventhough  requisite fees  has been paid  before transfer of RTI application to high courts. Please give me the details of action taken by supreme court of india  against erring high courts.

6.    Give me the List of petitions  with date  made by Shri . Nagaraja Mysore Raghupathi alias Nagaraja M R  TO SUPREME COURT OF INDIA THROUGH POST , THROUGH E-MAIL & THROUGH   website  of  DPG / DARPG.  Action taken or not taken with reasons thereof with respect to each petition.

7.    Please give me list of actions , follow up actions taken by supreme  court of india , to safe guard the  HUMAN RIGHTS & FUNDAMENTAL RIGHTS of  Nagaraja M R editor of SOS e Clarion of Dalit  & SOS e Voice for justice. He repeatedly  appealed to SCI  highlighting  violations of his human rights & fundamental rights. After appealing to SCI only  editor Nagaraja M R suffered more injustices , attempts on his life , etc  , may  be JUDGE’s MAFIA  is in deal with outside MAFIA. Police are helpless & practically don’t have  power to question supreme court judges & other VVIPs. Did SCI constitute SCI monitored enquiry committee  with full legal authority to look into the issue.  

8.    Judges preach too much & practice less. They give  lectures , judgements   running into hundreds  of pages  eliciting legality, moral virtues , humanity , etc.  But cover up information leading to crimes / accountability of judges.  The judges  committee  like a mafia deals it within  without subjecting the accussed judge to public scrutiny & public trial. It is almost similar to a  whore / bitch  giving a lecture on virginity  to women.  To refresh your memory  , Please  go through following websites  to  know about facts , actual cases of  crimes by judges. Please give us information  regarding action taken or not taken with reasons there of  with respect to each case mentioned in the  following websites:

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges ,

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,

 

9.    Please give me the list of actions , follow up actions taken by supreme court of india to safeguard the human rights of prisoners  , witnesses & evidences .

10.  Please give me the list of actions , follow up actions taken by  high courts  of  india  to safeguard the human rights of prisoners  , witnesses & evidences .

11.  Please give me the list of supreme court judges , high court judges & district / taluk judges  (both serving & retired) who received favourable allotment of sites , etc  which is nothing but a form of kick back  for favours  shown by judge. Please give me the list of action taken or not taken  by supreme court of india  with reasons  thereof  in each case.

12.  Please give me the list of action taken against  by supreme court of india  against  CPIO &  PIO  of supreme court of india  , who repeatedly failed to give  me information . thereby , CPIO & PIO are covering up crimes of guilty judges , violating RTI Act & violating human rights / fundamental rights of editor Nagaraja M R together with public.

 

Main  B :

 1 . How many judges are booked for graft , sexual crimes , crimes against women , irregularities , amassing disproportionate wealth , failure of duty , getting illegal allotment of sites & other crimes since independence till date , yearwise ?

2. what action taken casewise ?

3. are the action taken similar to commoners , common people committing same type of crimes ?

4. did all the cases handled by tainted judges subjected to review , retrial by other honest judges ?

5. how many advocates were prosecuted by court for influencing witnesses / evidences , for tutored / concocted evidences , etc since independence till date , yearwise ? what action ?  if not why ?

6. how many police officials / law enforcing officials were prosecuted by court for influencing , intimidating witnesses through threats , 3rddegree torture , for concocted evidences , etc since independence till date , yearwise ? what action ? if not why ?

7. how many police / law enforcement officials  were prosecuted for lock-up deaths , fake encounters , illegal detention , 3rd degree torture , etc since independence till date , yearwise ? what  action ? if not why ?

8. in how many cases police / law enforcement officials were made to pay compensation to innocent victims who were wrongly charged , detained & tortured , murdered by police , since independence till date , yearwise ? what action ? if not why ?

9. in some cases , on appeal judgements of higher court  turns down the judgement of lower court. In how many such cases , lower court judge is made to pay compensation  to victims of their wrong judgement , since independence till date  yearwise ? what action ? if not why ?

10. how many judges have defaulted in filing their annual  financial returns giving out their wealth , income details , yearwise since  independence till date ? what action ? if not why ?

11. how you are verifying the annual financial returns of judges ?

12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?

13. how many death sentances were carried out & how many are pending ?

14. how many police officials were made to pay compensation  & prosecuted for defamation , when innocents falsely charged by police were acquitted , dropped from charges by courts ? if not why ?

15. how many lower court judges were made to pay compensation & prosecuted for defamation , when innocents  wrongly convicted by lower court , but on appeal higher courts acquitting , dropping them of charges ? if not why ?

16. are judges getting paid from public exchequer , for their expenses on liquor / alcohol , body massages , etc in their  TA  DA  bill  while on  tour , official visits , official parties hosted by judges ?

17. how many appeals for justice concerning public welfare , violation of human & fundamental rights , threat to lives / livelihood , etc  were made to supreme court of india , by nagaraja mysore raghupathi alias nagaraja M R alias myself since 1990 till date ? appeals were made through ordinary post , registered post , e-mail & by web through DARPG , DPG. What  ACTION taken by supreme court of india with  respect to each appeal ?

18.  due to negligence / connivance of supreme court judges injustices were meted out to  public & public are still suffering injustices. Crimes which could have been prevented by SC happened eventhough brought to early notice of supreme court. What action against erring SC Judges ? if not why ?

19. I have repeatedly offered my services to supreme court of india , to apprehend criminals  within  judiciary , police & public service. What action taken by supreme court of india ? if not why ?

20. in my legal struggle for justice , due to negligence / connivance of SCI  judges  I have suffered murder attempts on my life , job losses , my newspaper closed , not getting press accreditation to my web news papers , threats by rowdies , police , etc. what action against erring chief justice of india ? if not why ?

21. I repeatedly appealed to supreme court of india to permit me to appear as amicus curie before supreme court of india   & jain commission of enquiry  regarding late PM Rajiv Gandhi assassination case. I was not permitted why ?

22. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?

23. Law is one & same for all , but law enforcement  & law interpretation  is not same  for common people , Judges  & Police ? why ?

 

NOTE :  PLEASE TAKE NOTE THAT  YOUR CONTINUED NEGLIGENCE TO PROVIDE INFORMATION , JUSTICE  TO  EDITOR  NAGARAJA  M R  LEADS  TO THE THREAT TO THE LIFE  , LIVLIHOOD OF  HIMSELF & HIS WHOLE FAMILY.  YOU  ARE  LIABLE   TO PAY  COMPENSATION.  DON’T TRANSFER  THIS CASE , APPLICATION TO POLICE  THEY DON’T HAVE POWER TO ENQUIRE JUDGES LET ALONE TAKE ACTION. PLEASE ENTRUST  THE CASE TO TRANSPARENTLY CONSTITUTED SUPREME COURT MONITORED ENQUIRY COMMITTEE TO LOOK INTO THE WHOLE ISSUE.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate  & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.

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

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

 

PUBLIC INFORMATION OFFICER   WHO FAILED  TO GIVE INFORMATION :

CPIO ,  o/o  Chief Justice of India , SUPREME  COURT OF INDIA , NEW DELHI.

 

FEES PAID : IPO  16G  733465  for rupees TWENTY only

 

 

DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

 

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT) 

 

 

RTI   Appeals  Not  Answered   by  SUPREME  COURT  OF  INDIA  – Crimes  Cover-up

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

 APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 

 

 FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  judges  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters.

 Eventhough  the information is readily available with SCI , information was denied citing unavailability.  If at all information is not truly available , why didn’t the   CPIO  TRANSFER rti  application to concerned departments of SCI  , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer  posess  SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person  who posess SR  can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to  prosecute  that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ?

The  action  of  CPIO  SCI  amounts  to cover up  of judges & their crimes. Thereby  , CPIO  is also committing  a crime. With respect  to previous RTI Appeals  also  CPIO & RTI  First Appellate Authority  SCI  have repeatedly  committed  crimes  by  covering up  judges & their crimes.  Billions of indians  are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them  / shame to JUDGEs that they  draw  pay  &  perks  amounting to lakhs of rupees from our money , from taxes paid by us still not do their  constitutional duties properly.

 GIVE  WHAT  ACTION HAS BEEN  TAKEN AGAINST  THE  GUILTY JUDGES   MENTIONED  IN THE BELOW MENTIONED WEB SITES & FOLLOWING  ARTICLES.

 At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

 All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned throught includes all public servants  discharging  judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

 Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise  their voice seeking justice  are silenced in many ways. The criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible  for it.

 Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith  , we once  again  appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

 The public servants & the government must be role models in law  abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the  teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot- free under his patronage.  even if a police , public  servant commits a crime , he can be legally prosecuted & justice can be sought by the  aggrieved. just think , if a judge himself that too of apex court of the land itself commits crime – violations of RTI Act , constitutional  rights & human rights of public  and obstructs the public from  performing their constitutional fundamental duties , what happens ? it  gives a booster dose to the rich & mighty , those in power , criminals  in public service to 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.

 

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in an unambiguous  manner.

 The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has  the right to obstruct the discharge of these duties by citizens of India. No legal  privileges of constitutional functionaries is superior over the  FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed  back , to ascertain whether we are getting equal opportunity , whether  we are getting equitable justice , etc , we need information . so ,
basically Right To Information  is an inalienable part of our  fundamental rights & human rights. What RTI Act has done is fixed time  limit , responsibilities of public servants up to  certain extent. However the citizen’s fundamental right & human right to seek  information extends far beyond the scope of RTI Act.

Hereby , we seek complete  truthful information from supreme court of India , with respect to my RTI application appeal. HEREBY , WE ARE  ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST &  JUSTICE. Hereby ,  we request you to register this appeal as a PIL  petition & to ascertain the stand of apex court on various matters  raised in my RTI Application , in public interest & equitable justice.

 We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,  

 Atrocities on  Women  by  JUDGES

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges     

   A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

Justice  Sathasivam –  Are  you  DEAF  DUMB  &  BLIND

https://sites.google.com/site/eclarionofdalit/justice-sathasivam—are-you-deaf-dumb-blind ,   

Rajiv Gandhi Assassination Cover-up

https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up  ,

SHAME  SHAME  MPs  &  MLAs

https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas  ,

 Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

Main  A :

1.      What  action you have taken against judges involved in atrocities against women , casewise ? if not, why ?

2.      What action you have taken against judges involved in land scams , casewise ? if not , why ?

3.      I have shown with actual cases  how manipulation / fixing takes place , from  complaint filing to judicial pronouncement stage. Are the judges & police , above law ?

4.      I have numerous PILs , RTI appeals  before supreme court of india. But they were  not registered , not honoured , why ?

5.      To my  legal notice / show cause notice / damage payment notice to supreme court of india & chief justice of india , till date I have not received the reply , why ?

6.      Is it not the duty of supreme court of india to protect the life & liberty of all Indian citizens ?

7.      Is it not the failure of supreme court of india, when it failed to protect the life of  a complainant ?

8.      By negligence of their duties , are not supreme court judges  aiding & abetting  criminals , anti nationals & terrorists ?

9.      While crores of Indians are barely surviving  on a single piece meal a day , people dying due to starvation , supreme  court judges are getting salary & perks amounting to lakhs of rupees  from the same suffering public / public exchequer. Are not those  duty shirking judges  ashamed ?

10.   What action you have taken against judges involved in hushing up late prime minister rajiv Gandhi assassination  case ?

11.  Why the supreme court of india didn’t allow me to appear before it  in the said case of  late PM Rajiv Gandhi Assassination  Case ?

12.  Why  the supreme court of india didn’t protect my life , my job oppurtunities , my newspaper  from the wrath of criminal  nexus ?

13.  When  even cable TV  journalists , web journalists are getting PRESS / MEDIA accreditation , my web news papers , myself are not getting  PRESS accreditation since 9 years , why ?

14.  Are the supreme court  judges  hand in gloves with the criminal nexus ?

Main  B :

You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

Your inaction / delay in performing your duties not only amounts to denial of information , but  amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s  a crime in itself ?

If your acts of crime cover-ups  , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader  is just & legal. The same type of acts of crimes  performed by other citizens will also be legal ?

Main  C :

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

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?

2.                  why transparent , fair investigation is not done in such cases ?

3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

8.                  what legal action taken against violators , defaulters , for giving false affidavits ?

9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

 Main  D :

1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?

2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?

3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?

4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?

5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?

6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?

7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?

8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS  &  POLICE  STATIONS   READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  ,

ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of…
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of…

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201

HONOR OF INDIAN PALIAMENT FOR SALE

http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale

Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh

http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?

10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?

11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?

12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?

13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?

14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?

15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?

16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

 

Main   E  :

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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

 PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE FULL INFORMATION:

CPIO , SUPREME  COURT OF INDIA , NEW DELHI.

 FEES PAID : IPO  16G  733465  for rupees  TWENTY  only

 

 DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

 

 PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

 

  , Edited, printed , published  owned  by  NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL , MYSURU – 570017  KARNATAKA  INDIA

 

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September 12, 2017

Challenge to Chief Justice

Filed under: dalit human rights — Nagaraja M R @ 4:02 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.35… . 13  / 09 / 2017

 

Editorial : Judges  are NOT  Perfect

   Corruption is rampant among judges worldover. Why not  jail , 3rd  degree punishment for corrupt judges , corrupt police in India ?

 

JAIL   Chief  Justice  Dipak Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge  

 

Mishra Threatens Complainant

https://sites.google.com/site/dalitsdiary/mishra-threatens-petitioner  

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.09.2017……………..your’s sincerely,
Place : Mysore , India   ……….Nagaraja  Mysuru Raghupathi

 

When judicial corruption leads to severe punishment of free speech

Two judges in Pennsylvania pleaded guilty last week to taking $2.6 million in exchange for sentencing juveniles to time in privately run detention centers. 5,000 juveniles have been sentenced since this kickback scheme started; many of them were first-time offenders.

What if sentencing of those 5,0000 juveniles had been done by a judge seeking accountability and rehabilitation for the offender rather than financial gain for himself? How many of those teens might have been spared life-long negative outcomes? How many guardians might have avoided the pain of interference with their parental rights? This kickback scheme offends justice and decency, and reflects a broken juvenile court system. But what does it have to do with speech?

One of the teens devastated by this kickback scheme is Hillary Transue. Hillary was sentenced by the corrupt Judge Ciavarella Jr. in 2007. She received 3 months in a juvenile detention center for creating a spoof MySpace page about her assistant principal. According to the New York Times, the page clearly stated that it was a joke.

Teenagers regularly use forums like MySpace for self-expression. Making the publication of a MySpace parody a jailable offense likely chills teen speech in this and other on-line forums. Sentenced teenagers and their families clearly are the primary victims of the judges’ crimes, but the chilling of speech is a notable secondary effect. With hope, the chill will be lifted with the eventual sentencing of these corrupt judges. Perhaps they’ll be subject to MySpace parodies of their own.

 

Corrupt judge sentenced to 30 years in prison for jailing innocent children in ‘kids for cash’ scheme

 

http://www.naturalnews.com/043950_corrupt_judge_kids_for_cash_prison_sentence.html#

 

5 Corrupt Judges & The Countless Lives They Tried To Destroy

 

We’d like to think our justices and judges are defined by respect, duty and impartiality. But behind that iconic black robe isn’t always a tireless drive to uphold the Constitution and laws of the United States. Some of the most revered judges are worse than the criminals they should be sentencing. Below we examine five corrupt judges who will make you question your faith in the legal system.

1. Judge Mark Ciavarella’s Kids For Cash Scheme 

Nicknamed “Mr. Zero Tolerance”, Ciavarella was a big supporter of harsh sentences…for kids. Ciavarella sent thousand of children to a local detention center during his tenure in Luzerne County, PA. Think the kids deserved it? Listen to this: Ciavarella sent an 11-year-old to juvenile detention for almost two years after the kid took his mom’s car for a ride down the block. He also sent a 15-year-old to the same detention facility for mocking her assistant principal on MySpace and gave a 17-year-old five months for helping steal DVDs.

Here’s the part that puts Ciavarella on our list — he got kickbacks from the facility where he sent those kids. No wonder the hearings often lasted only two minutes, Ciavarella got up to a million dollars for putting hundred of innocent children behind bars. The courts wised up to his plans, and eventually sentenced Mr. Zero Tolerance to 27 years in prison. Following his sentencing, nearly 4,000 of Ciavarella’s previous convictions were overturned. Too little, too late if you ask us.

2. Judge Thomas J. Maloney Defined Corruption In Cook County

Thomas J. Maloney was a judge in Cook County, Illinois from 1977 to 1991. Maloney and numerous fellow Cook County judges were the focus of an investigation named Operation Greylord. The operation  was a joint investigation by the FBI, IRS, USPS and the Illinois State Police to track down corrupt judges.

Like many of the public officials on our list, Maloney had an interesting way of dolling out sentences, especially in high-profile murder cases. In exchange for rigging murder cases Maloney got over $100,000 in bribes. Maloney let mafia members, murderers and gangsters walk free, as long as he got his “fee.” To this day Maloney is listed as “one of the worst judges in history.”

3. Judge Michael Cicconetti’s Bizarre Sentences Puts His Community At Risk

Cicconetti of Lake County, Ohio might not be taking bribes or sending innocent children to a dark future behind bars, but he is guilty of beyond bizarre sentencing. Cicconetti had a particularly creative way of prescribing punishment to anyone unfortunate enough to end up in his court room. The honorable Cicconetti had a woman spend the night alone in the woods without food after she a banded 35 kittens. He forced men who had been arrested for soliciting sex dress up as giant chickens and wonder around town.

While we can appreciate his desire to be original, Cicconetti’s sentences often caused more harm than good. For example, when a man shot his dog in the head and Cicconetti gave him 20 days in a dog costume teaching kids about traffic safety and drug abuse. Dog killer and kids just don’t mix.

4. Judge Kurt Eisgruber Shamed The Victim

While money can drive corrupt judges to make deplorable decisions, a few justices don’t need any incentive to handout horrifying sentences. In 2008, Mandy Boardman discovered that her husband, David Wise, had been drugging and rapping her, along with recording the attacks on his cell phone. Boardman filed for divorce but waited two years before taking the videos to the police. Boardman claimed that she didn’t want her kids’ father behind bars until they were adults.

Wise was arrested and found guilty of rape and criminal deviate conduct. The felony convictions could equate to six to 20 years in prison…unless Judge Eisgruber is handing out the sentences. Eisgruber took the opportunity to lecture Boardman, aka the victim, about forgiveness.

To make matters worse, the judge only gave Wise eight years of home detention with a GPS tracking devise. It wasn’t until Wise let the battery on the tracking devise die that the judge upgraded Wise’s sentence to five years in prison. FYI Eisgruber was re-elected and will be on the bench in Indianapolis, Indiana until at least 2020.

5. Judge Lisa Gorcyca Likens Kids To Charles Manson

When three kids refused orders to meet their father for lunch, Judge Lisa Gorcyca sent the kids to a junivenile detention center. Judge Lisa Gorcyca said the kids needed to have a “healthy relationship” with their father, said they weren’t behaving like “normal human beings” and likened them to Charles Manson (?!) for having the audacity to avoid their dad. (The children’s parents had been enmeshed in a long custody battle.)

The judge then told the children to apologize and have lunch with their father. When they refused, she held them in contempt of court and ordered them sent away to Children’s Village juvenile hall until the age of 18. The judge even wanted the children to be separated while inside of the facility. The kids had good reason to avoid their father, he is allegedly violent and reportedly hit their mother in front of them.

Thankfully the court of public opinion put the heat on Judge Gorcyca. The judge reluctantly took the kids out of juvenile detention and sent them to summer camp instead.

 

CORRUPTION  FRAUD   JUDICIAL  MISCONDUCT

 

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system’s original purpose. The abuse of public offices for private gain is paradigmatic of corruption.

A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system’s original purpose.

Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the United States Constitution.

 

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a kleptocracy, literally “rule by thieves”.

 

America’s Corrupt Legal System – A Danger to All

by Dr Les Sachs
(This article may be freely reproduced and republished in full by anyone, anywhere.)
The tragic reality of the world’s biggest corrupt legal system -America’s rigged courts, bribed judges, fake and phony trials, extortion by lawyers, and over 2 million prisoners in the USA gulag. Why USA “justice” is not like in Hollywood movies, and why YOU could be the next victim on USA territory – innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers. Why YOU can be tortured, have your freedom and rights taken away, and why people in America are afraid to help you, or even tell what happened to you. The recent pattern of American violations of international law are ultimately based in the corruption of the USA domestic legal system. Phony USA courts are very dangerous even for travellers and visitors to America, who can easily wind up among the USA’s more than 2 million prisoners, or lose all their family’s possessions to corrupt American lawyers. All world citizens should know how the corrupt USA legal system, is a danger to every traveller, visitor, and guest worker from overseas, and to every individual who takes the risky step of entering upon American territory. Just ask the overseas families of prisoners who were put to death inside the USA, with their embassies never even being informed that they were arrested – or the many foreign people serving hugely long prison terms in America, after they were jailed on flimsy tainted “evidence” from criminal snitches. The reality is that the United States of America, which proclaims itself the “land of freedom”, has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket. The corruption of the USA legal system is well-known, but also well-hidden, by the news services of America’s corporate-owned media. The US media companies are afraid both of reprisal, and of the social revolution that would come from exposing the truth. Here is what the US media companies know, but are afraid to tell you about American “justice”.

Concentration camps with concrete walls

America has the largest prison gulag in the entire world – yes, right there in the USA, the self-proclaimed “land of freedom”. The starting point for understanding anything about the USA, is to digest the fact that just this one country, the United States of America, has twenty-five percent of ALL of the prisoners in the entire world.

More than 2 million prisoners – more than 1 out of every 150 people in America – are behind bars in the American gulag. This is now the world’s biggest system of what are effectively concentration camps, though most of these prisoners are behind masonry walls and inside prison buildings.

For minorities, the statistics are even more brutal. For example, the USA is now imprisoning about 1 out of every 36 people in its black population. American “justice” is especially focused on jailing young black males.

Quite amazingly, Americans and the American government, continually criticize the legal systems and so-called “political” legal proceedings in other countries such as China, Russia, and even Belgium among many other places. Yet, for example, the proportion of prisoners is 30 times higher in the USA than in China, even though China is a country regularly criticized and denounced by the USA government.

No one imprisons people as readily, or casually, as does America. As you learn more about America’s horrifying legal system, you find out how easily and carelessly America arrests people, and tosses innocent people into prison. It is estimated that America has at least 100,000 completely innocent people in jail, but the statistics of innocence may well run far higher. The number of people known to be innocent, and yet who were actually sentenced to death in recent years in America, is already running into the hundreds.

The USA jailing of more than 2 million people is also, quite literally, a revival of slavery and slave labor, on a scale not seen since the days of the Nazis. USA business corporations are using these prisoners as a giant slave labor pool. Prisoners are forced to produce goods and products while earning mere pennies per hour, which they sometimes have to pay back to the prison for their own upkeep. The expanding system of USA prison slave labor is not only a major source of business profit, but also a wedge to drive down the wages of workers outside the prison walls.

This USA policy, of using mass casual imprisonment as a way to revive slavery, is targeted particularly at minorities, but ends up affecting all working people. Supervised by malicious judges and corrupt lawyers, this culture of mass prisons and slave labor is sold to the citizens by creating a psychology of fear among USA residents. This climate of fear is nourished in the USA by both the media and the government, who work together with the judges and lawyers to maintain the whole crooked game.

Of America’s more than 2 million prisoners, about 50,000 are known to be foreign citizens. This proportion might seem small, but remember that 50,000 prisoners is more than the entire prison population of many other countries. It only appears as a small percentage, because of America’s obsession with jailing its own people, who have had more time to get caught in America’s web of legal horror.

The USA is extremely casual about the jailing of foreigners, and not honouring their rights under international law or treaties and agreements. Often, foreign citizens have been sentenced to death, while the USA didn’t even bother to notify the foreign government that their citizens were arrested.  Several other governments are working hard just to try and obtain even the most primitive judicial rights for their own nationals, who have been seized and held in abusive conditions by the USA empire. And yet, the United States of America somehow still brags about its own legal system, while criticizing other countries. Understanding that America has such a huge percentage of even its own people in prison, is to start to understand the subconscious fear behind much of American life. Before you set foot in America, you should have a clear picture of the terror of America’s legal system – the judges and lawyers and money and bribery, that have made this system of fear so pervasive. There is not yet enough public media information about America’s domestic legal horrors, horrors which have been rapidly increasing. And the American public, even the victims of its legal system, have a hard time realizing why it is so hard to fight legal corruption there. The situation is so bad, that a social explosion is beginning inside America. You can read some news stories – about people murdering judges, or attacking the families of judges, or people setting fire to courthouses in the USA – and see the pattern that is emerging, even though the news media are afraid to connect the dots and suggest what might be behind all these events. America is trying to maintain its myths about its legal system, even while the desperate reality of life inside the USA is starting to blow back into escalating social upheaval.

USA torture and illegal jailing overseas, starts with USA domestic torture and illegal jailing at home

The world press has documented clear violations of human and legal rights by America in its overseas jails, such as the infamous situations in Guantanamo and occupied Iraq and Afghanistan, and the even more secret network of prisons in places like Diego Garcia or on board American ships.

But the problem is much bigger, than America’s legal abuses under its military invasions and “war on terrorism”. These USA violations of international law, are consistent with the corruption in America’s home legal system within its own borders, and have partly evolved from America’s legal abuses against its own citizens and residents.

American prisons are often horrible, with lots of torment of prisoners, like you would expect in some petty dictatorship. Conditions are brutal in USA jails; rape and beatings are common, and there is little help for abused inmates. In addition to the many official USA executions, numerous people are also illegally killed in jail cells, “mysteriously” said to have hanged themselves or “found stabbed to death”.

Scandals of overseas prison abuse, as in the USA-run Abu Ghraib prison in Iraq, have arisen from sources much deeper than America’s foreign policy. These scandals are in part replications of inmate abuse inside of America’s domestic prison gulag. Without diminishing the brutality of the crimes committed by Americans in Iraqi prisons, it is also true that such crimes are consistent with the brutality of prisons inside America.

In the regular functioning of the USA courts, America’s domestic lawyers and judges, threaten people with illegal jailing, and rape, torture and murder in jail, just like the threats used by Americans against Iraqi subjects of the American occupation. America will play the song about “just a few bad apples in the barrel” whenever an abuse scandal gets exposed, either domestically or abroad, but the cover-up of such abuse is more the routine response.

Theoretically, torture and abuse is totally outlawed by America’s Constitution, but some of the nice words in America’s Constitution hold little power anymore, despite how often people quote them. The Americans who still believe the Constitution protects them, are mostly those people who haven’t yet dealt with the judges and lawyers of America’s corrupt legal system.

America’s Constitution and Bill of Rights are nearly dead, not just because the judges will no longer enforce them, but even more because America’s lawyers will not even fight for them. The two American “political parties” are not fighting for them, either, and America’s news media are also very passive. If you look at America in depth, you can see there has been a widespread moral collapse in America’s legal and political structures. This means that America’s legal system has become largely a tool of government terror, and of bribery for the rich and the powerful. The average person is just fodder for the meat-grinder of America’s courts.

America’s lies and sleazy arguments to make excuses for torture, or to deny people the rights of the Geneva convention, or holding people for many years without charges, are also just an extension of the deviousness in America’s domestic legal system. Inside America, neither its laws nor its Constitution nor the facts nor evidence nor anything else, no longer have real authority inside the American courts.
All that’s left is what American lawyers and judges call “the game”. As part of playing this game, USA lawyers and judges just twist words around, in order to produce any excuse, however flimsy, to achieve their objective, whether that be to jail an innocent person, or give the verdict that was sought by the big company that paid the big bribe through its law firm.

It is an endlessly devious manipulation of words and phrases to get the desired result, just devious falsehood and lies backed by the naked power of the judges. The only “real” part is the power that the judges and lawyers hold in America, to jail you and take away your property. The words of the law don’t protect you in the USA, because American judges and lawyers have no scruples about bending them to mean the opposite of what they say.

America’s lawyers are controlled by the judges, and don’t really work for you – that’s why they sell you out to the government, or to the big companies that pay bribes

There’s some very special aspects about the way American lawyers are controlled by American judges, which is central to why America’s legal corruption is so much worse than any other advanced nation. Even if you are paying an American lawyer huge amounts of money, he or she doesn’t really work for you, and in fact may sell you down the river to the jailhouse.

American lawyers are directly under the thumb of the judges and the government, and must submit to the culture of bribery and perversion of justice, or else face terrifying revenge. Lawyers, just like you, can be instantly jailed by an American judge on flimsy pretexts, and American lawyers can be quickly stripped of their right to practice law, and personally and financially destroyed, if they dare to criticize legal corruption. Lawyers who try to fight the system can find themselves not only dis-barred, but also criminally charged and jailed, and no other lawyer will help them. It is a horribly crooked system in America.

This is different from other advanced countries, where lawyers are usually a professional guild, whose status and right to practice law, is under the control of only their fellow lawyers. This means that, in other countries, the judges and the government cannot easily ruin or attack the lawyers for purely political reasons. This is also part of why, in other developed countries, outside of America, you really do see brave lawyers fighting for un-popular clients, or challenging the government, and asking for justice.

But in America, it’s different. Over the past century, the American lawyers lost the right to regulate themselves, and instead fell under the power of the judges. So American lawyers are afraid to do things in court, that the judges don’t want them to do. America’s army of nearly 1 million lawyers, is almost totally under the control of a few thousand judges, with their entrenched culture of bribery and fraud and miscarriage of justice.

Some USA lawyers don’t like this, but they are helpless and can’t fight it. Most lawyers in America have, to one degree or another, signed up with the devil, to do things the way the devil wants them done.

That means that any time you hire an American lawyer, he already is in a conflict of interest. He has to make the judge happy first. And if the judge wants to make the government happy, or make somebody else happy who is paying a big bribe, then guess what? You are destroyed. It doesn’t matter what you paid the lawyer. He works for the judge, first and foremost. So a totally unique factor in USA legal corruption is the amazingly dishonest profession of American lawyers, these lawyers who “play the game” with America’s judges and politicians and police. It is a savage culture of legal fraud, where lawyers work with judges to rob and terrify people, especially minorities, but also foreigners, and above all those who dare to question the system. People accused of serious crimes have the “right” to a lawyer, but this may mean only a crooked lawyer who is stage-managing the victim to help the government and prosecutors. If the lawyer does not help the government, he can be put out of work and not “assigned” to any more cases, or treated badly the next time he is in a courtroom. This legal fraud is the core of the danger to those who visit America. A lawyer who is “representing” you in the USA, whether the government is paying him, or even if you are paying him yourself, may just be a stooge who is helping the prosecutors to put you in jail, even though you are innocent. The judges of America gave every accused criminal the “right” to a lawyer, not because they cared about the rights of the accused, but because it helps stage-manage the victim, with a lawyer who has to do things the judge’s way. In America, such government-appointed lawyers are the means by which hundreds of thousands of poor people are railroaded into prison. Some of these people were just foreign tourists, in the wrong place at the wrong time, and wound up rotting in an American prison. Some lawyers are fairly subtle about it, and their victims never realize the lawyer has sold them out to the judge and the government. Most American court cases never go to trial, never see a jury; it is the job of the victim’s lawyer to “sell the deal” that the judge has decided will happen, or else. This is how people accept a “plea bargain” so they accept going to jail for 3 years even though they are innocent, instead of going to trial before a jury. Because of the corruption of lawyers under the thumb of the judges, there’s a very fake and phony aspect of court proceedings in America. They are really fake “show trials” in many cases, sometimes very obviously so, where both purported “sides” of lawyers are actually working together for the government, or for the big corporation or rich person that is bribing the judge.

You will also find, in the American legal system, that you essentially have no recourse whatsoever against wrongdoing by your own lawyer. A lawyer can sell you out, betray you, steal your money, engage in malpractice, help out the other side, hide the evidence that proved you were right, or commit felony crime against you, and there is nothing you can do about it, so long as the lawyer made the judge happy, and the judge got his cut of any money the lawyer stole from you.

Innocent and being arrested – they don’t like to admit a mistake in America

Yes, lots of people live their whole lives in America and never get arrested. And yet, some poor foreign visitor comes to America for a short holiday, gets arrested by mistake, and gets sentenced to death by lethal injection even though he is totally innocent. Well, that’s the lottery of life for those who visit or live in America. The police and prosecutors in America have no concern at all whether they have arrested someone who is innocent. They just don’t care. When a crime is committed, they try to arrest somebody, anybody, just to say they got the bad guy. And they never like to admit they made a mistake. Once they arrest you, they will try to make up and plant false evidence, to help try and convict you. A common trick is to take other criminals they know, who are facing jail on other charges, and get those criminals to be false witnesses against you. The cops justify this kind of thing by saying to themselves, “Well, if you didn’t commit this crime, you probably committed some other crime we don’t know about.” If they do arrest you in America, they like to pile on all sorts of criminal charges. The idea is to charge you with 10 crimes, because it makes you sound bad, and maybe convict you on 3 of them or you will accept a plea bargain on 1 or 2 of them. Any kind of guilty plea, and they call it a success, even though you were totally innocent.

For the police and prosecutors, it’s all a kind of sporting game, so they can bring about their “high conviction rate”. Perhaps part of the reason America has so much crime, even with more than 2 million people in prison, is because the people who actually committed the crimes were never arrested. Also, some poor people may feel that the odds are high they will be arrested someday anyway, so they may as well be criminals and enjoy life in the meantime.

The system is extremely racist, of course, and white people are arrested less than many minorities. But no one is safe. Any innocent person can get railroaded to death in America.

Multi-millionaires and big corporations, vs. everybody else

The only people who really can get expect some fairness in American courts are multi-millionaires and big corporations. Nobody else really matters to American judges and lawyers.

There is a huge amount of bribery in America, perhaps even more than in the courts of any other country in the world. Even some American ex-judges have admitted the near-universality of bribery there. Nearly all bribes are given to the judges by lawyers; this is considered the safe way to bribe a judge. Bribery is rarely spoken about, just understood. Rich people pay huge amounts of money to law firms with connections, the lawyers walk around with a certain amount of cash in their jacket, and they pass it to the judges in their quiet moments together. It is mostly all cash of course. Sometimes the bribery is blatantly obvious, because of the other crimes that lawyers and judges commit in broad daylight together. In the courtrooms you can see the judges being extremely friendly to their rich lawyer friends who pay big bribes.

As an average person, there’s no real way to out-bribe a big corporation, regardless of what your lawyer promised you. That’s why the big companies win so often.

American judges are very devious, and use all sorts of techniques to prevent a victim from getting justice. Lots of judges issue gag orders, and bans on freedom of speech, to help prevent other people from finding out what is going on. Judges set up a trial in all sorts of ways, giving orders that all sorts of evidence be hidden from a jury, for example. The judge may declare, for example, that the evidence that proves you are innocent or right, will not be allowed at the trial.

Jury trials are actually very rare in America, unlike what you see in the movies. Most cases are settled through some deal or extortion or intimidation, before there is an actual trial. If there is a jury trial, they tend to stack the jury with un-educated idiots who will tend to believe whatever lies they are told by the judge and the government. If you are trying to fight a rich person in court, the judge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you start talking. The judges have a thousand ways to rig a legal proceeding, to benefit rich people or the government.
It’s no wonder so many innocent people go to prison. With the fundamental brutality and harshness of life in America, American citizens are confused and fearful, and gullible to propaganda. So, a jury in a courtroom, these people who tend to be poorly educated, will tend to go along with any lies presented by government prosecutors. In this environment of fear, the feeling of safety for the jury, comes from following the “strong” government in sending various “suspected criminals” to jail.

Yes, there are appeals courts, but these are just more judges, who are often friends with the lower court judge who originally sold you out. The appeals judges tend to go along with the lower court judge, unless you have suddenly acquired some politically powerful backing on your side.

Americans love to talk about “taking it all the way to the Supreme Court!”, but this is a nearly empty hope. The U.S. Supreme Court simply refuses to consider most cases that are presented to it.
If you are a little helpless nobody, the appeals judges often barely reply to you, and sometimes don’t reply at all. Sometimes people have been strapped to a table and given the lethal poison and put to death in America, with the victim’s appeal never even answered by the judges.

What about when people win millions of dollars in a lawsuit against the big company?

Every now and then, there is worldwide news of how some average person in America has won a lawsuit for $25 million or some other huge sum of money, from some company or other. What’s going on here – if the American legal system is so crooked, how can people be winning such big money?

Such cases are indeed real, but they are actually somewhat rare, numerically – rather like winning the lottery – and it’s important to see why they take place, and how they fit into the big pattern. Such cases are typically after someone has been seriously injured or died due to some defective product or prescription drug or hospital treatment or accident.

These cases have a certain “place” in the American legal framework, accepted by the judges. They are also very important for maintaining the bribery culture. A lot of the money won in such cases goes into the lawyer’s pockets, and is a major source of bribery money for the judges. As regards big companies and the judges, such cases are viewed as a kind of “tax” on the big corporations, part of the cost of doing business in America, part of the price of being able to otherwise make huge profits.

Such cases, as well, have the same function as in a gambling casino, when the casino proudly announces that one customer has just won a huge jackpot. The hype about the one jackpot winner, hides the fact that most everyone else is losing money. The person whose husband died from the defective prescription drug, and won millions of dollars (one-third of that to the lawyer, of course), is the person who is shoved forward to prove that “the legal system works – it’s the greatest legal system in the world!”

The small handful of such personal-injury cases, are intended to distract the public from all the innocent people sentenced to prison, from all the families destroyed by bribed judges in divorce cases, and from all the people whose lives are destroyed by big companies, companies who cheerfully pay bribes to win their routine cases in court.
Big companies know that some big “injury” cases will be lost, in order to supply money for the lawyers and judges who otherwise take good care of the big company’s interests. When you are making hundreds of millions of dollars, the loss of a few million here and there is just another expense of business. In the end, the companies just raise their prices to cover the costs of lawyers and lawsuits. The whole world pays for the millions earned by American lawyers, they are the ultimate parasites.

There are other casualties here, too. America’s health care system has been destroyed from the inside by the legal culture of constant lawsuits against doctors and hospitals, with huge amounts of money being given to the lawyers in these cases, driving up the cost of medical care and putting it out of reach of many people. America is the only economically advanced nation without a national health plan, with tens of millions of Americans having no health coverage. USA lawyers joke openly about how, when the courts make big money awards to pay a lawyer, the lawyer often gives the judge a bribe by way of gratitude. Some lawyers grow rich, and doctors are afraid to continue  practicing medicine in the US, and many Americans die from lack of health care.
But while America’s lawyers will very casually file legal charges against doctors, hospitals, or ordinary people, for any flimsy reason, to try and squeeze some money from the situation, they are extremely afraid to take any legal action against another lawyer or judge engaged in misconduct. That’s where fear takes over, and lawyers are suddenly too timid to file any lawsuits.

The Hollywood image, versus the grim reality

Once you have digested the fact that America has the world’s largest prison gulag, another major thing to digest is the USA government, and much of America, is primarily a sales organization, whose chief tool is hype and propaganda and outright lies. America is a culture built on sales and advertising; it focuses on portraying an image, not the reality beneath it.

This is why America was so casual about inventing and selling the lies about “weapons of mass destruction” to help start the Iraq invasion. It was just a question of whatever lies needed to be told, in order to sell the product; there was no concern about afterwards, when the lies were exposed. America just figures it can later send out more salespeople with more lies, in an endless cycle. Tomorrow is just another day, when America will try to sell another product, the “war on terror”, the “spread of freedom”, or whatever.
The selling never stops, in Washington or Hollywood. America sells political lies like Hollywood sells movies. When the USA President talks about “advancing the cause of freedom”, he basically means freedom for big corporations to do business. He’s not really talking about actual personal freedom for real people. But he grins when he talks about “freedom” because it’s a good word of salesmanship, people hear him and some of them can be duped into believing that America cares about personal or political freedom. Hollywood movies and American television are a major element of political myth-making. Around the world, people derive an image of America, and its legal system, from these fictional creations on film. America’s propaganda about having “the greatest legal system in the world” is one of those phony stories that Hollywood is helping to sell.
It is also a myth sustained by the few trials about which there is a lot of publicity, like with the celebrity trials of Martha Stewart or Michael Jackson. Judges behave very differently when the cameras are rolling, or the media is reporting everything that goes on, and millions of dollars are being spent on lawyers. But in the 98 percent of court activity that does not have big media coverage, the judges of America provide a bizarre sideshow of horror.

In the Hollywood version, the judges in American courts are like kind uncles, smiling and being wise and calmly dispensing justice. But in reality, American judges sometimes scream at people like disturbed perverts, and show off their bribed corruption right there in the courtroom. Sometimes judges engage in flagrant extortion, where you have to agree to pay money to the judge’s lawyer friends as the price to stay out of jail. It is really that bad. You can find no end of documented horror about American judges behaving like criminal lunatics, and it is getting worse all the time.

In the Hollywood version, there are brave lawyers who will fight for your rights, to win justice for you in the American courts. In reality, you can’t find an American lawyer brave enough to fight judicial corruption, even if you are innocent and the judge’s friends have threatened to murder you, or to send you to jail for the rest of your life. The lawyers who used to be brave, were destroyed or intimidated, and nearly all American lawyers now submit themselves to the culture of corruption and bribery, and betraying and abandoning the people who need legal help.

In the sad reality, American lawyers line up by the dozen to help the government or the big corporations, and regularly betray the average person, even if they are supposedly representing you. Even the lawyers who don’t want to be wicked themselves, are too timid to really fight the system. At a certain point, nearly all American lawyers will hold back and abandon their clients, because they are trying to survive themselves and avoid revenge by the judges. In the Hollywood version, the average person is also helped by the “brave investigative reporter” at some newspaper or television station, who shows great courage in exposing the truth, and bringing powerful wrongdoing to face justice. However, the brave “investigative reporter” in America is now as fictional and non-existent as the “brave lawyer” who will fight for your rights. This is especially true on any topic pertaining to corruption by judges and lawyers.

In America today, reporters are little timid people who are afraid of getting fired, and who almost never write a story on government corruption, unless some other part of the government is officially investigating or prosecuting. That goes triple when judges or lawyers are involved. The owners of the newspapers and television stations are afraid of revenge by the judges if they have to go to court, and the nervous little reporters who work for them understand the rules of the game. If you look closely at a modern newspaper or news magazine in the USA, you will see how almost all stories originate with the government itself. When the media “investigates”, they are usually just adding more details on a situation already being targeted by the government. Every news media and television station in America is swamped with people begging them to report on stories, that they totally refuse to cover. The reporters are too scared, and they know the stories wouldn’t get printed or broadcast even if they were written. America is the land of fear, as regards the legal system and the culture of corruption. Everyone involved with the USA legal system is afraid, very afraid, of stepping on the wrong toes. Even American judges themselves get driven out of office, if they don’t participate in the bribery culture.

No recourse against crime and fraud by judges and lawyers in America

In reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by American judges and lawyers. All of the official complaint procedures you find on the internet, or at the courthouse or in the law books, turn out to be a joke, a farce and a fraud.
Complaints about lawyers in America, usually go to the “Bar”, which is itself run by the judges who are involved in bribery with the lawyers. And complaints about judges go to other judges, their friends. Nearly all the complaints about lawyers and judges – tens of thousands of them – are kept secret. Nearly all are dismissed or ignored. They are generally only used if the judges or politicians want to specially destroy someone – some radical minority lawyer, someone who is not playing the bribery game, somebody who has dared to expose wrongdoing. Otherwise, even criminal acts by lawyers and judges get a smiling cover-up.

You will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the judges. Even the lawyers who are broke and unemployed and desperate for work, are too scared to sue another lawyer. (Special caution: Lawyers may make false promises to you about suing another lawyer, cash your checks and steal your money, and then refuse to help you. And then you will have another lawyer who wronged you.) The police and FBI almost certainly will not help you, either. They all know the bribery game, and they rely on the same crooked judges to help send innocent people to prison after they have been arrested. The more crooked the judge, the more eager the judge will be, to help the police or FBI do a dirty deal and convict an innocent person. And, of course, the newspapers and television and media won’t help you. They hear stories like yours all the time. If they publish or broadcast your story, then they will have problems the next time they get sued in court. Or they might find themselves arrested on false charges, and end up in an even worse situation than you.

The newspapers are so tied into the establishment of judges and lawyers, that the newspapers sometimes help the judges and lawyers to commit their crimes, and to unfairly smear and attack their victims. The big media newspapers have even helped to plant false “evidence” in court cases, and help the legal establishment to destroy innocent people. But even if not harming you, the USA media is afraid to help you, afraid of revenge if they expose judicial corruption. These fears are just as big, if not bigger, with America’s radical and alternative media, and bloggers and internet sites. Such people will criticize American foreign policy and so on, but everybody is scared of talking about specific cases of corruption by lawyers and judges. The independent media has even more reason to be afraid, because they are even more vulnerable if the lawyers start to file false charges against them in the courts.

Of course, America’s politicians will not help you, either. Many politicians are themselves lawyers, very used to the whole game of bribery with judges and other lawyers. The politicians accept the crooked courts as the way that America is run, and as helping the two big parties to monopolize the political scene and prevent alternative political movements. America’s two big political parties, the Democrats and Republicans, can be seen as another phony game like America’s courts. The two parties actually get their hundreds of millions of dollars in money from the same people at the same big corporations who own the rest of America. These two American parties pretend to argue with each other over emotional issues like gun control and abortion rights, but in the end both of these parties serve the big corporations. Half of Americans are still fooled into thinking that these parties represent them, the other half sense it is phony but feel helpless and don’t know what to do. This is why people don’t vote very much in America; they feel it is hopeless and useless.

You can also forget about America’s human rights and civil liberties groups, even though it looks, at first, like there are many such groups on the internet. Many such groups are just money-raising groups which don’t help victims, or are tied to the two main political parties or some narrow agenda. They are all scared of the legal system, too, and there is no one with any significant funding or money, who is out there helping the victims of legal corruption. They can’t find lawyers to help them, either. There are some overwhelmed and struggling projects here and there, doing worthy work for a few of the innocent people in prison, but they function in an environment of timidity and fear, and without the resources or clout or media access to expose or change what is happening. It’s getting worse and worse in America all the time. As the judges and lawyers can get away with committing crimes, they are getting more open and blatant, committing felony crimes in broad daylight, because they know no one will stop them or bring them to account. It is also important to know, that once you have started complaining about, or exposing, judicial and legal corruption in America, you become a kind of outlaw there. You are in a very dangerous situation, and you are considered fair game to be either arrested and jailed on false charges, or to be totally robbed and betrayed by America’s lawyers. Once you have spoken out about legal corruption, you may find that no other lawyer will then help you for any reason, even if it is un-related to your complaint about judicial wrongdoing. You may be trapped in a nightmare from which there is no escape unless you can leave America altogether.

Dealing with American lawyers, if you have no other choice

Perhaps the statistical chance of getting arrested in America as an innocent person, and then being sent to prison or put to death, is relatively small. But think of how you will feel if you end up as one of those 2 million American prisoners, including 50,000 foreign citizens. Or perhaps even one of those several thousand people on Death Row, waiting for the lethal poison to be injected into your arm.

Visiting America now, is probably similar to visiting or doing business in 1936 with Hitler’s Reich, or Mussolini’s fascist empire. If you did such a thing in 1936, you might have visited and had a wonderful time, maybe even have done some business with companies in those countries. You might have seen some beautiful sights, and met some very friendly individual people, perhaps drunk a beer or two, or a nice glass of wine, maybe attended the 1936 Olympics. Very likely, you wouldn’t have seen any concentration camps, in the places where you travelled. You might have had a very pleasant trip.
But nonetheless, you were in a dangerous place, where horrible things were going on. That’s true of the United States of America today, the land of 2 million prisoners in a giant gulag. With America’s corrupt legal system, it’s certainly not the wisest place to keep money or assets, which can be easily grabbed by American lawyers in legal proceedings. Many smart Americans have opened overseas bank accounts, and it is wise to not keep too much money where American lawyers can seize it. There is no bigger group of thieves in the world, than American lawyers.

If you are in a lawsuit situation in America, get all your money out of the country, fast, before the USA lawyers can put any kind of hold or freeze on it. But you shouldn’t keep substantial assets in the USA in the first place. Sell any USA real estate and rent instead, get that money out where it is safe.  Certainly, don’t ever expect any justice from American courts. Expect the judges and both sides of lawyers to tilt toward the government, or toward the big company that can pay bribes on a regular basis. All that most people get out of American courts, is grief, and lawyers stealing their money. Best not to approach American courts unless absolutely necessary. Despite the commonplace fraud and dishonesty of American lawyers, it’s still important to have one if you must be in an American court. The reason is that American judges absolutely hate people who come to court without lawyers, especially if they have any money at all. The judge takes it as a personal insult if you are not giving some money to one of his lawyer friends, and will tend to take revenge on you unless you hire a lawyer, even a very stupid one, to stand by your side.

What American lawyers love to do, is to steal all your money, tell you a bunch of false promises and lies, and then do nothing for you, while they sell you out to the other side. That is a perfect scenario for an American lawyer. A lawyer’s goal is to squeeze as much money from you, while at the same time doing as little as possible to rock the judge’s political boat. Some lawyers even make money by the “research and review” scam, where they don’t even agree to represent you, but just steal your money to “research” your case.

Accept in advance that an American lawyer will rob you and betray you, and everything will go more smoothly if you quietly understand this. Never actually trust an American lawyer, but don’t let on that you know he’s a crook. Don’t tell the lawyer how much money you really have, he will try to get all of it. Try to pay a lawyer very slowly, in small chunks, that will keep him more interested, and prevent some of the bigger robberies and betrayals, and will leave you some money to try another lawyer if things get too awful. Remember, once you give a USA lawyer any money, it’s almost impossible to get it back. Lawyers will almost never sue another lawyer, and if you go to court, the judge will almost certainly protect the lawyer who defrauded you (and get a share of the money, of course). Lawyers and judges in America like people to appear to be submissive and stupid and easily manipulated. They like to feel superior to you. By letting them think that you are weak and falling for their lies, you may give yourself some breathing room. This tactic has even enabled some people to stay alive and not get murdered, and to escape from America back to safety.

The growing American nightmare

It is just getting worse and worse in America’s legal system. For some years now, the USA judges and lawyers have gotten used to denying people justice, to the great flow of bribery money, and even to committing felony crimes in broad daylight and getting away with it. It just keeps on escalating. Though a social explosion is lurking beneath the surface – with judges starting to get murdered, and people lighting courthouses ablaze – the people who run America are letting the current system chug along as it is, justice be damned, and to hell with the people who seem to have no way to fight back.
It can’t go on like this forever, but it may get a lot worse first, despite the fair internet visibility on documented American legal corruption. One should note a brave and promising grass-roots attempt at judicial reform in the USA called (Jail 4 Judges – www.jail4judges.org), which attempts to place onto American ballots, a referendum for a new procedure to give citizens a real right of redress against corrupt judges. It is a wonderful and beautiful idea that deserves success, and will help transform America if it moves forward. Regrettably, though, for all the usual reasons of fear, there is no one with any big money or media clout, yet making a foray against the real-life nightmare of America’s courts and prisons. It remains a taboo subject for the American media, and the media silence feeds and encourages the whole machine of bribery and repression.

Perhaps, though, it will not be until after America has had a major economic or social cataclysm, that the big American machine of legal corruption finally comes to be reformed. Sociologically speaking, it’s astonishing how disgraceful American lawyers have become – they are now both the mafia and the gestapo of American life. America’s lawyers, as a whole, have had little to say about America’s recent international crimes of prisoner abuse, and violation of international human rights agreements. American lawyers, as always nowadays, are “playing the game” with America’s government and its judges. America, indeed, does not have the rule of law at all. Instead, it is just the rule of lawyers, lawyers who crave money and power. And, in America, it can be jail or worse for anyone who tries to fight these lawyers. The reality of the United States of America is that Americans, despite their overall wealth as a nation, are now a people living in a society of great fear. Their fears are complicated, and many Americans cannot even put their fears into words. They are afraid of lawyers and the prison system, afraid of losing their jobs in a brutal society with no social safety net, afraid of needing health care in a disastrous system with no health plan. And Americans are afraid of what will happen if they try to question the system and the way things work. They often feel helpless and powerless against the great forces dominating their country. American citizens are confused and fearful, and gullible to propaganda. Because Americans have difficulty in sorting out their many fears, they have become ripe candidates for racial and religious hatreds, and for following their government into war. The issues of “terrorism” and war distract the emotions of Americans from the terrible problems in their own society at home. The foreign “enemy” gives Americans a face on which to project their fear and their anger. The result is the horrifying misconduct of some Americans in these wars; while back inside the USA, there is increasing corruption and repression in the legal system. Americans desperately would like to believe that they still live in a “free” country, as it is so horrifying to them to face the ugly truth, that their freedom is already largely lost. Americans can imagine they are “free” because they can still choose among different products to buy, or quit their job, or buy a gun at the store. And the Americans most likely to imagine they are still “free” are the ones who have not yet been trapped in the halls of America’s legal system. They have not yet seen the lawyers and judges who smirk and laugh as they deny victims the most basic human rights. The truth is that, inside America, a nightmare has begun. The lawyers and judges and courts, “playing the game”, regularly trample upon the freedoms that Americans thought they had. It is people like myself, escaped from the USA, living in kinder and gentler places, who are now the lucky ones. No one should ever again be fooled by USA propaganda about being the “land of freedom”. Those who are thinking of travelling to, visiting, or working in America, should think again. It might not be worth the risk of being in a country that has one of the most crooked legal systems in the world.

 

Corrupt justice: what happens when judges’ bias taints a case?

 

When Margaret Besen, a 51-year-old nurse from East Northport, Long Island, filed for divorce from her husband in March of 2010, she believed justice was on her side.

Judge William Kent’s preliminary ruling seemed like a first step toward compromise. Margaret and Stuart Besen, who agreed their marriage was beyond repair, would remain in their suburban Suffolk County house, living in separate rooms – and keeping away from each other – while sharing custody until a resolution could be reached.

But within weeks, the situation deteriorated. Stuart Besen, a politically connected attorney for the town of Huntington, had an anger problem, Margaret told authorities. The couple’s screaming matches left Margaret feeling intimidated and their children – a daughter, 11, and son, 7 – terrified, she said. So in August of that year she obtained an order of protection prohibiting Stuart from harassing her. Three weeks later, Stuart entered Margaret’s bedroom and hovered over her as she slept, she told police. They arrested him for violating the order, reporting that Stuart had stared down at Margaret with his arms folded on three consecutive nights. She got temporary possession of the family home.

In the years that followed, Besen’s hopes for an equitable settlement dwindled as she battled a series of harsh and hard-to-explain decisions against her. Though she could never prove anything, she suspected that the scales had tipped for reasons unrelated to the evidence in her case. If true, Besen faced what experts say is one of the most troubling threats to our nation’s system of justice: judges, who, through incompetence, bias or outright corruption, prevent the wronged from getting a fair hearing in our courts.

“The decorum and bias and the perfectly unethical behavior of the judges is really rampant,” said Amanda Lundergan, a defense attorney in Royal Palm Beach, Florida, who confronted a nest of judicial conflicts in her state’s rapid-fire foreclosure rulings – dubbed the “rocket-docket” – following the housing market collapse. “It’s judicial bullying.”

Judges in local, state and federal courts across the country routinely hide their connections to litigants and their lawyers. These links can be social – they may have been law school classmates or share common friends – political, financial or ideological. In some instances the two may have mutual investment interests. They might be in-laws. Occasionally they are literally in bed together. While it’s unavoidable that such relationships will occur, when they do create a perception of bias, a judge is duty-bound to at the very least disclose that information, and if it is creates an actual bias, allow a different judge to take over.

All too often, however, the conflicted jurist says nothing and proceeds to rule in favor of the connected party, while the loser goes off without realizing an undisclosed bias doomed her case.

“Everybody should have the right to ensure the judge sitting on their case doesn’t have a conflict,” said Mary McQueen, executive director of the National Council on State Courts. “It’s absolutely imperative that people have full faith and confidence in the judicial process.”

‘Explain, defend or apologize’

Hundreds of judicial transgressions have been uncovered during the last decade, with results that cost the defeated litigants their home, business, custody, health or freedom.

Some of the best-known cases involve judges who ultimately did suffer consequences for their behavior, including Texas judge Christopher Dupuy, who bullied four lawyers who filed conflict-of-interest recusal motions between 2011 and 2013. Attorney Lori Laird asked that Dupuy bow out in 2013 because she’d represented Dupuy’s ex-wife in the couple’s custody battle in Galveston. The judge responded by slapping her with 37 counts of contempt, demanding that she “explain, defend or apologize” for her motion. He later sentenced her to 220 days in jail, although she didn’t serve any time.

“It was the most ridiculous thing you’ve ever seen,” Laird told Contently.org. “It also caused great damage to both of my clients.” Dupuy was admonished in November – after he’d already retired and was sentenced to two years’ probation for pleading guilty to misdemeanor counts of perjury and misuse of government property.

But court critics say that one reason judicial violations are common is because they frequently go unpunished. When litigants ask a judge to back away because of a conflict, they risk being told no, then face possible retaliation, so many don’t bother. If a litigant or an attorney files a complaint with an oversight body, there’s only about a 10% chance that state court authorities will properly investigate the allegation, according to a Contently.org analysis of data from 12 states.

The analysis shows that a dozen of these commissions collectively dismissed out of hand 90% of the complaints filed during the last five years, tossing 33,613 of 37,216 grievances without conducting any substantive inquiry. When they did take a look – 3,693 times between 2010 and 2014 – investigators found wrongdoing almost half the time, issuing disciplinary actions in 1,751 cases, about 47%.

The actions taken ranged from a letter of warning to censure, a formal sanction that indicates a judge is guilty of misconduct but does not merit suspension or removal.

Actually removing a judge was a rarity. Just 19 jurists in 12 states were ordered off the bench for malfeasance, which is about three per decade for each state. And even that result is becoming less common, with only one removal in 2014 and three in 2013 among all 12 states.

The states examined – California, Texas, New York, Pennsylvania, Connecticut, Wisconsin, Indiana, Minnesota, Colorado, Washington, Georgia and South Carolina – were chosen because they comprise a representative sample from different populations and areas of the country and because they had matching data for the years 2010 through 2014.

California, which created the first judicial disciplinary body in the country in 1960, had a dismissal rate of 98%. It did not suspend or remove a single judge in 2013 or 2014 and acted just once over the last five years, removing a sitting judge in 2012. Colorado’s lone judicial action since 2010 was a suspension in 2013. Texas has not removed a judge in five years, though it has suspended 23 for varying lengths of time.

One discouraging factor is the secrecy under which these commissions operate. Allegations against a judge are commonly kept confidential unless a sanction of some kind is imposed. New York’s CJC, for example, is prevented by law from disclosing whether anyone has complained about a judge, discussing specific allegations, revealing what evidence might have been presented or what steps, if any, it took to investigative.

When conduct boards do act, the sanctions usually amount to an admonishment that may be embarrassing but costs the judge little.

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Among those still on the bench after ethical violations are Louisiana judge Robin Free. Free oversaw a personal injury claim in 2010 by a man and his wife, Israel and Leslie Robles, who were hurt in an oil field run by Houston-based fracking contractor Integration Production Services, Inc. The trial had begun when the two sides agreed to a $1.2m settlement. As he mulled signing off on the deal, Free arranged for some post-trial R&R at Casa Bonita, a hunting and fishing ranch in George West, Texas, owned by the victims’ lawyer, David Rumley. He flew there aboard the Rumley firm’s private jet.

It wasn’t Free’s first ethical blunder. In 2001 he presided over a fouled-water case against Dow Chemical, trying to resolve the matter even as his mother was a member of the plaintiff’s class. Free is still serving on the bench after being docked 30 days pay in December and forking over a $6,723.64 fine.

Raoul Felder, the well-known New York divorce attorney, served as a CJC board member between 2004 and 2008, helping the commission sift through thousands of complaints. He came away from the experience perplexed by its decision-making.

“I wouldn’t say [the CJC] is toothless, but it’s arbitrary,” Felder said. “It can be unreasonably tough on judges who commit trivial offenses while going easy on judges who are really bizarrely out of the mainstream, doing things they shouldn’t be doing.”

Judicial discipline at the federal level is almost non-existent. A Contently.org examination of the most recent five years of complaint data shows that 5,228 grievances were lodged against federal jurists between 2010 and 2014, including 2,561 that specifically alleged bias or conflict of interest. But only three judges were disciplined during those years and each got the mildest rebuke on the books: censure or reprimand. None was suspended or removed.

The numbers suggest that at least some of these judges’ rulings did not pass the smell test: 4,168 of the dismissed complaints were tossed due to a lack of sufficient evidence, bringing up the possibility that some litigants raised valid concerns but failed to find definitive proof.

‘I’m on food stamps’ and he makes more than $500,000 a year

In the Besen divorce, judge Kent’s initial decisions were fairly typical for a couple in their situation. He imposed financial obligations on Stuart, the moneyed spouse, including $200 in weekly child support and $500 in monthly car payments. But when Stuart didn’t make the payments and the vehicle was repossessed, the judge did nothing. Nor did he act when Stuart honored only part of the support he owed, leaving Margaret, who was then unemployed, struggling to provide for her kids.

“Occasionally he paid $200 a week, sometimes $175, sometimes $120,” she recalled. “The church had given me vouchers for gas, and I was getting food from the food pantry. I couldn’t cash checks. One year I found on his tax returns he had made $528,000, and I am getting food stamps and trying to get groceries home on a bicycle. It was extremely humiliating.”

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Margaret and Stuart accused one another of mistreating their children. Police and child protection service workers became involved. Kent ordered her to undergo a psychological evaluation, which slammed Margaret as a danger to her children as she was allegedly alienating them from their father. No abuse by either parent was substantiated.

Margaret won a court order of protection barring Stuart from contact with her children for a year. But when Kent issued his final decree less than six weeks later, he awarded Stuart full custody, while Margaret was allowed only supervised visits. And he ordered Margaret to pay back half the cost of her nursing degree and to sell her diamond engagement ring and split the proceeds with Stuart. The judge also reversed the support arrangements. While Stuart would pay $1,500 a month in maintenance to Margaret, she now owed Stuart $153.90 a week for the children, even though she was earning about $13,000 a year as a part-time aide in an assisted-living facility.

Margaret began to look into her husband’s dealings and discovered, through searching public records, that he and judge Kent had possible connections. In 2010, Stuart was appointed as the Suffolk County representative on a statewide commission for vetting local judicial candidates. That same year, an organization based at Stuart Besen’s Garden City law office, the Long Island Coalition for Responsible Government, donated $7,500 to candidate Richard Ambro, who got elected and became one of Kent’s fellow Supreme Court judges in Suffolk’s 10th district. In his role as Huntington’s town lawyer, Besen argued cases before these very judges. He’d entered a circle of judicial insiders.

“I’m in the middle of a large group of people who’ve got money and influence and who are all connected,” said Margaret Besen. “I’m not being afforded an opportunity to get a fair shake.”

Margaret had no way of knowing whether the connections she uncovered played any role in how Kent ruled in her case. But her concern deepened when she made an additional discovery about her house. Kent had ordered the Besen home, the most valuable marital asset, to be sold and the proceeds divided, putting Margaret in line to receive possibly hundreds of thousands of dollars. Then she found an online listing offering the property for sale – with the judge’s wife, Patricia Kent, as broker. The home, which was listed for $749,999 with Patricia Kent’s photo and contact information on Realty Connect USA, is currently more than $15,000 in arrears on its property taxes and no longer appears to be actively offered. Margaret was evicted from the house in 2013 and lives in a modest apartment a few miles away. She has yet to receive a penny for her interest in the property.

Patricia Kent claimed she had never represented any of the properties her husband had ordered sold in divorce or other cases. “I have never been a broker for any of his houses; we’re very clear about that,” Patricia Kent said in a phone interview.

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A reporter informed her of the agency listing with her information attached to the Besen property. She said her photo could have appeared because she was a broker with the same firm as the agent who did have the listing. “The only person who gets the commission is the listing agent that listed the property,” she said.

Patricia said William Kent was unlikely to comment. “I’m not so sure that he’d want to speak with you,” she said, adding: “When I see him, I’ll let him know, and if he’s interested he’ll give you a call.”

Kent didn’t call. And Stuart Besen did not respond to messages left at his office.

Scott L Cummings, a professor of legal ethics at UCLA law school, said the case raised “significant ethical red flags”, because of the judge’s wife’s alleged involvement in offering the Besen family home for sale. “Not knowing the details of how his spouse might have been assigned as broker, the idea that a judge might benefit financially from the sale of a property in dispute in a pending matter seems to raise a serious question of impartiality.”

Ronald Rotunda, a professor at Chapman University law school in Orange, California, said: “What judge Kent did here seems odd. The husband makes over a half million a year, she makes $13,000 a year, and the judge orders her to pay child support (which is tax free to him and not deductible for her).”

But when Margaret Besen protested, she found no relief. When she asked Kent to recuse himself, he refused. When she complained to the state watchdog responsible for investigating judicial wrongdoing, writing two letters, they blew her off. In a terse response this June, the New York Commission for Judicial Conduct reiterated its initial decision, stating that “there was insufficient indication of judicial misconduct to justify discipline”. When a panel such as the CJC declines to get involved, the plaintiff has little recourse.

This was not the first time a litigant raised questions about Kent’s integrity.

Donna Schuler, also a divorcing mother in Suffolk County, asked that judge Kent recuse himself from her case in 2011 after claiming his unwarranted delays and stalling had drained her financially. Schuler was also rebuffed when she asked the commission to step in and remove Judge Kent from her case.

A culture of judicial impunity

Critics of the Suffolk supreme court claim a culture of rule-breaking exists, pointing to a red-faced moment in 2007 when Marion McNulty, then the county’s top matrimonial judge, was admonished by the state’s disciplinary panel for aggressively fund-raising for her favorite charity, a women’s nonprofit, while on the job. McNulty went so far as to hit up attorneys for checks in the courthouse, a blatant violation of ethical rules.

But a culture of judicial impunity extends far beyond Long Island’s county courts. Indeed, even the US supreme court has been tarnished on this issue.

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Justice Steven Breyer owned $215,000 in health-care stocks when deciding on the legality of the Affordable Care Act in 2012. Justice Samuel Alito’s portfolio included $2,000 in stock in The Walt Disney Co. in 2008, the year the court heard Disney, FCC v. Fox Television Stations. And perhaps most famously, justice Antonin Scalia has participated in the Bush v. Gore case, even though his son Eugene’s law firm represented one of the parties. In another case, Scalia remained in the panel despite having gone on a duck hunting trip with former Vice-President Dick Cheney while he was being sued to reveal the details of secret meetings he held with oil company executives in the run-up to the 2003 invasion of Iraq.

After his vacation with Cheney was revealed, Scalia scoffed at the suggestion he was compromised and defended his decision to remain on the case. “I do not believe my impartiality can reasonably be questioned,” he said in a 21-page memo. “If it is reasonable to think that a supreme court justice can be bought so cheap, the nation is in deeper trouble than I had imagined.” But Sen Patrick Leahy, the Vermont Democrat, implored Scalia to withdraw. “Instead of strengthening public confidence in our court system, Justice Scalia’s decision risks undermining it,” he stated.

In fact, US supreme court justices enjoy a special privilege: they are the only judges exempt from the federal Code of Conduct, which demands judicial impartiality and prohibits a jurist from presiding when he or she has “a personal bias concerning a party to the case”.

Restoring court’s battered integrity

Recusal issues often spur judicial complaints. But the watchdog panels that evaluate them, both on the state and federal level, are not courts and therefore lack the authority to review the merits of a litigant’s case. Even a substantiated charge of misconduct won’t change the outcome of a ruling or verdict; it merely opens the door for a new appeal to be filed, which for beleaguered litigants can be costly, time-consuming and often not worth it. Many do continue to fight. Others simply vent.

The online vitriol directed at unscrupulous judges, which began in the mid- 2000s, has built to a howling digital crescendo. Websites including The Robe Probe, The Judiciary Report and The Robing Room, which rate judges the way Yelp rates restaurants, are rife with railing as embittered, mostly anonymous plaintiffs rip into judicial decisions they feel were biased or corrupt.

Mounting criticism led to a remarkable development last year. The chief justices of each state gathered and declared that something had to be done. They implored lawmakers to enact legislation that might restore their courts’ battered integrity by forcing more transparency on their systems and holding judges accountable when they engaged in unethical behavior.

“Fair and impartial justice requires that judges act without regard to the identity of parties or their attorneys, the judge’s own interests or likely criticism,” said the resolution of the Conference of Chief Justices in January 2014. A judge should step away when there is “actual conflict or bias or other impropriety…or when a reasonable disinterested person would conclude that an appearance of impropriety exists.”

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The decree was set in motion by a precedent-setting 2009 Supreme Court decision involving a dispute between two West Virginia coal companies that had done business with each other for years – until one went bankrupt – leading to a judicial scandal that inspired a John Grisham novel.

In an appeal of a case in West Virginia court, A.T. Massey Coal Co. CEO Don Blankenship spent $3m to elect Brent Benjamin, who ultimately provided the swing vote that overturned a $50m judgment against his company. Benjamin rebuffed repeated demands that the newly elected justice recuse himself because of his obvious conflict.

The US Supreme Court ruled that Benjamin’s bias was so extreme that his failure to step aside violated Caperton’s right to due process under the Constitution’s Fourteenth Amendment. The case, which spawned Grisham’s 2008 best-seller, “The Appeal,” underscored the kind of underhanded dealing that has stained the judiciary.

A further nudge for reform came last year when the Center for Public Integrity published a report on financial conflicts of interest. Among its findings: on 26 occasions in the preceding three years, federal appellate judges ruled on cases involving companies in which they owned stock or where they had a financial tie to an attorney appearing before them.

It also created a grading system to gauge how diligent each state was in collecting personal financial information from its judges, including stock ownership and outside sources of income, and how accessible that data was to the public. The center said that 42 states, plus the District of Columbia, failed its test. Six others earned a D grade, while two – California and Maryland – got Cs. California’s score, 77, the highest of any state, was seven points below the federal government’s grade of 84.

The report highlighted the type of conflict that can be most readily identified and that doing so requires full disclosure from the judges. Stock ownership, even if minimal, should automatically disqualify a judge from hearing a case, many experts believe. “If a judge owns a single share in a company involved in a case, he should recuse himself instantly,” says Rotunda, a leading law scholar.

It’s been more than two years since Margaret Besen has seen her children, who are now 12 and 16. There’s no money to pay the court supervisor, so they can’t visit. Nor does Besen have the funds to continue fighting. Kent retired shortly after making his decision.

“The hardest thing in my life is that I can’t be with my children and I can’t have an impact on my children’s upbringing,” Besen said over coffee at a Long Island diner. “A lot of people do not have any idea how the judicial system works or doesn’t work until you’re in it. We think we’re in a democratic society. We think we’re run by rules. But they are not being upheld by the court at all.”

 

Former Municipal Court Judge Pleads Guilty in Corruption Case

PHILADELPHIA—Joseph C. Waters, Jr., 61, of Philadelphia, pleaded guilty today to using his judicial position to influence the outcome of two cases in the Philadelphia Municipal Court, announced United States Attorney Zane David Memeger. Waters, a former Philadelphia Municipal Court Judge, pleaded guilty to an information charging mail fraud and honest services wire fraud.

According to documents filed in the case, on September 30, 2011, Waters was asked by Person #1 – a politically active business owner – to use his judicial office to achieve a favorable outcome in a small claims case filed in Philadelphia Municipal Court against Person #1’s real estate management company. To that end, Waters called two other Municipal Court judges, assigned to the case on different dates, and asked them to rule in Person #1’s favor. A Municipal Court Judge identified in the information as Judge #2 ultimately adjudicated the case in favor of Person #1 after Waters told Judge #2 “he’s a friend of mine.” The information charges that Judge #2’s ruling in favor of Person #1’s company prevented the plaintiff in the small claims case, Company B, from collecting $2733 in unpaid fees owed to it for security services it delivered to Person #1’s company.

Waters admitted today that he gave Person #1 a secret advantage through a series of secret ex parte communications with other Municipal Court judges scheduled to hear the small claims case and used his position to cause favorable rulings for Person #1.

The information outlined a second scheme in which Waters used his position as a judge to facilitate a favorable outcome in a criminal firearms case. According to the information, Person #1 urged a witness cooperating with the government, “CW#1,” to contribute money to help pay down debts Waters had incurred while campaigning for a position on the Municipal Court. In January 2010, CW#1, gave Waters $1,000 in cash. The information charged that, in accepting the money, Waters told CW#1 that he would help CW#1 with future problems that CW#1 or CW#1’s friends may encounter in the court system. The information further alleged that between 2010 and 2012, CW#1 provided gifts and cash contributions to Waters that were not reported on Waters’ campaign finance reporting forms.

In May 2012, CW#1 asked Waters for his assistance with a firearms prosecution pending in the Municipal Court. CW#1 introduced Waters to an undercover agent (“UC#1”) as a business associate. CW#1 and UC#1 asked Waters to help UC #1’s “cousin” who had been arrested for felony possession of a firearm. On July 23, 2012, Waters called Judge #1 alerting Judge #1 to the preliminary hearing of a “friend” for the firearms charge and asked Judge #1 to “help him.” According to the information, at a July 24, 2012 preliminary hearing, Judge #1, without proper legal basis, reduced the felony firearms charge to a misdemeanor.

U.S. District Court Judge Juan R. Sanchez scheduled a sentencing hearing for January 22, 2015. Waters faces a maximum statutory sentence of 40 years in prison, a fine of up to $500,000 and up to three years of supervised release.

The case was investigated by the FBI and is being prosecuted by Chief of the Public Corruption Unit Richard P. Barrett and Assistant United States Attorney Michelle L. Morgan.

An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

 

FINALLY! Prosecutor jailed for false conviction

 

GEORGETOWN, TEXAS (3/24/15) – According to a breaking story in the Huffington Post, former D.A. and Judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife.

That story states: When trying the case as a prosecutor (D.A.) Anderson possessed evidence that may have cleared Morton, including statements from the only eyewitness to the crime that Morton was not the culprit. D.A. Anderson sat on this evidence, kept it out of sight and then watched Morton get convicted and sentenced to life in prison.

While Morton remained in prison for the next 25 years, District Attorney Anderson’s career flourished, and he eventually became a judge. This along with the financial reward received for this conviction which serves as the motivation that drives the justice system today.

An example of this was the Glesty story below. The DA on that case was Charles Rodgers, who after the false conviction, went on to become a judge, while his replacement, Deputy D.A. Bonnie Dumonis completed the case successfully for the D.A. and was promoted from Deputy to D.A., became a judge, then went back to become District Attorney of San Diego County. This is known as career advancement in the business of cash for convictions.

The conviction of Ken Anderson is a rarity in an age where police and prosecutorial misconduct goes largely unpunished. Even though this D.A. was convicted on April 23, 2013 and sentenced on December 9th, 2013, that news was mostly kept low-key but finally broke on Tuesday, March 24, 2015.

This revelation comes on the heels of my own story published just before this one, titled, A Man Called Glesty-An Unlikely Suspect. It detailed a classic such case and mentioned two other news-focused cases involving myself and a County Superintendent. Here is the link to the story about Glesty which you need to see: http://www.renewamerica.com/columns/miles/150323

My story details how District Attorneys are given a bonus for every charge they make against someone, with even more bucks for every conviction. This gives a monetary reward which is an incentive to convict and jail people, guilty or not. Here is that link: http://www.renewamerica.com/columns/miles/150128

We are grateful for the writer of the Huntington Post story, Mark Godsey, a Carmichael Professor of Law, University of Cincinnati College of Law, and Director of the Ohio Innocence Project who made us all aware of this important event.

The Innocence Project using law school students, has reopened cases of many, many people wrongfully convicted and who have been rotting in prison for decades for something they did not do, but something for which a District Attorney was given a financial incentive to make sure it was accomplished. Unfortunately, many, many innocent people have been executed-yes horribly put to death, for something they did not do.

That is absolutely NOT a concern of District Attorneys. These money-hungry power seeking fanatics have absolutely no morals or even decency. They do not have one ounce of concern for the people whose lives they ruin. They have no conscience, no heart and not even a soul.

And what was this sentence given to District Attorney/Judge Ken Anderson for falsely putting a man in prison for 25 years? Ten days in jail, which was reduced to 5 days, a $500 fine and 500 hours of community service.

WHAT? One gets 2 years in prison and a $10,000 fine for littering. Yep, Don’t Mess With Texas. But it seems to me that the crime of ruining a man’s life and his family would require more punishment than throwing a wrapper out of your car window.

Even that Texas prosecutor-Judge, who was disbarred and had to surrender his law license, will still get his cushy retirement package. That is yet another crime against citizens.

As for the sentence, that corrupt District Attorney should have received the exact same sentence, 25 years, that was imposed upon Michael Morton. And that should be the standard for ALL such cases overflowing with prosecutorial misconduct.

The office of The District Attorney is supposed to be about JUSTICE, not convictions for cash. But that is what it is today. This is the result of neglecting Constitutional law implemented for the protection of all citizens. Instead these prosecutors manipulate and hide evidence to insure a conviction. What happened to that legal reference, Innocent until PROVEN guilty?

What is called for today is to recruit honest lawyers, now hold on, there are some out there, and have them begin to file lawsuits against those who prosecute these false cases, and then sue the D.A.s and corrupt judges. There should also be a huge lawsuit against each county where these abuses take place. This must and can be done.

Honest lawyers, come front and center. We need you. Help right this wrong and there may be a reduction of lawyer jokes and barbs as a result. Correction is needed in our legal system. And it begins with you.

The Innocence Project is a beginning. That can be enlarged to include the above false cases, and bring lawsuits against all who are a part of legal malfeasance, a necessary action to indeed protect our citizens. This has gone far enough.

These six things doth the Lord hate, yea, seven are an abomination unto him; a proud look, a lying tongue, and hands that shed innocent blood, a heart that deviseth wicked imaginations, feet that be swift in running to mischief, a false witness that speaketh lies, and he that soweth discord among brethren. Proverbs 6:16

 

Former NY Judge Found Guilty of Attempted Extortion and Bribery

Guilt is final act in career
A strong advocate for Republican causes, Thomas J. Spargo faces prison in shakedown bid
The Albany Times Union by ROBERT GAVIN – August 28, 2009

ALBANY, NY – Former Judge Thomas J. Spargo was convicted Thursday of trying to shake down lawyers and solicit a $10,000 bribe to pay his mounting legal bills, completing the downfall of a once pre-eminent election law attorney later ousted from the state Supreme Court bench. Spargo, 66, showed little expression in U.S. District Court as the verdict was handed up on the second day of jury deliberations: Guilty on both counts of attempted extortion and attempted bribery. The prominent East Berne Republican, who went to bat in Florida for George W. Bush following the disputed 2000 presidential election, is now a convicted felon facing the possibility of several years in a federal prison cell. Spargo kept his composure after the verdict, hugging one teary-eyed supporter and smiling in the face of a conviction that will cost him his law license and two fines of $250,000. But the bespectacled lawyer’s outlook and distinguished appearance now only contrast allegations the federal government proved in less than a week: That he not-so-subtly tried to shake down personal injury lawyers for tens of thousands of dollars like a common extortionist.

“Judges are supposed to serve the people who elected them, not their own self-interests,” said John F. Pikus, the special agent who heads the FBI’s Albany branch, which was involved in the case. “What Mr. Spargo did is nothing more than old-fashioned extortion.” While Spargo faces a maximum of 20 years in prison for his attempted extortion and a maximum of 10 years for the attempted bribery conviction, federal sentencing guidelines would likely result in lesser penalties. Defense attorney E. Stewart Jones indicated the punishment for his client could range from probation to 3 years behind bars. Spargo will be sentenced Dec. 21 by District Judge Gary Sharpe, who presided over the four-day trial. “The jury system works,” Spargo told reporters outside the James T. Foley U.S. Courthouse, “whether you like it or not.” Jones, a prominent Troy defense attorney, described Spargo’s trial as an “uphill battle,” noting the federal government’s extremely high conviction rate. “This is a sad outcome for someone who was a superb judge, superb lawyer and superb human being,” Jones said. Asked why Spargo was convicted, Jones said, “You’ll have to talk to the jury about that.” Spargo was cross-endorsed in a deal for election to a 14-year term in state Supreme Court in 2001. Although his chambers were in Albany, Spargo presided over cases in Ulster County, which is part of the state’s Third Judicial District.

By January 2002, Spargo faced allegations of ethical violations — unrelated to his future bench removal and criminal case — from the state Commission on Judicial Conduct. Court papers showed that by September 2003, Spargo’s legal bills had “outstripped his ability to pay them.” The bills would eventually exceed $140,000. At the federal trial, the government proved Spargo tried to extort attorneys to offset his legal costs, including Bruce Blatchly, an Ulster County lawyer with more than 32 years of experience, who had eight cases before the judge. Spargo solicited a $10,000 bribe from Blatchly on Nov. 13, 2003. But when the attorney declined to pay up, Spargo pressured him again through a friend, identified as attorney Sanford Rosenblum, in the coat room of a Kingston restaurant, the government said in court papers. Blatchly testified Monday that Spargo then called him on his cellphone on Dec. 19, 2003. He said the judge boasted he would be returning to Ulster County in 2004 and would handle Blatchly’s cases. In addition, he testified, the judge revealed that Spargo’s close friend, Albany County Surrogate’s Court Judge Cathryn Doyle, was expected to preside over Blatchly’s divorce from his now ex-wife. According to Blatchly, Spargo said “it looked like a nice Christmas for him.”

When a federal prosecutor, Senior Trial Attorney Richard C. Pilger, asked Blatchly how that remark made him feel, the lawyer replied, ”Pretty much the opposite,” saying, ”Now that my divorce was in his control, or the control his friend … screwed.” The Spargo case was also prosecuted by Trial Attorney M. Kendall Day of the public integrity section of the U.S. attorney’s office. Blatchly had filed a complaint with the state commission. Spargo was removed from the bench three years ago. Spargo was indicted in Albany last December. Jones said he will file a motion to reverse the verdict, but did not say on what he would base any appeal. Jones told reporters judges should either be appointed or publicly funded rather than rely on donors for campaign funds. “They should take this process and change it.” He accused the state commission of targeting his client. Robert Tembeckjian, the commission’s administrator, said the state commission’s decision and the jury’s verdict both ”speak for themselves… there wasn’t anything personal. We were just doing our jobs.”

Spargo, a onetime seminarian and Army paratrooper, was hearing cases in Albany on March 31, 2006, when word of the commission’s ouster was delivered to him in a note from a secretary. “I’ve just been removed from the bench,” he said aloud at the time. “I have to go.” The removal was due to the same charges he was convicted of Thursday. Spargo had faced other allegations from the commission that he wrongly participated during the Bush-Gore recount in Florida, but they were dropped. In 1990, Spargo went before the Commission on Government Integrity on allegations he funneled $750,000 into a Poughkeepsie Town Board race to elect candidates who would back a mall the Syracuse-based Pyramid Co. had wanted to build in the 1980s. He denied any wrongdoing and the probe was closed after he resigned as counsel to the state GOP. Spargo had invoked his Fifth Amendment right against self-incrimination 19 times.

 

8 People Who Were Executed and Later Found Innocent

 

It’d be nice to think our judicial system is totally infallible, but unfortunately, that’s just not the case. Innocent people are convicted of crimes they didn’t commit more often than anyone would like to admit, and in some cases, people who were later found to be innocent have actually been put to death.

Here are 8 people who were executed and innocent.

1. Cameron Todd Willingham—In 1992, Willingham was convicted of arson murder in Texas. He was believed to have intentionally set a fire that killed his three kids. In 2004, he was put to death. Unfortunately, the Texas Forensic Science Commission later found that the evidence was misinterpreted, and they concluded that none of the evidence used against Willingham was valid. As it turns out, the fire really was accidental.

2. Ruben Cantu—Cantu was 17 at the time the crime he was alleged of committing took place. Cantu was convicted of capital murder, and in 1993, the Texas teen was executed. About 12 years after his death, investigations show that Cantu likely didn’t commit the murder. The lone eyewitness recanted his testimony, and Cantu’s co-defendant later admitted he allowed his friend to be falsely accused. He says Cantu wasn’t even there the night of the murder.

3. Larry Griffin—Griffin was put to death in 1995 for the 1981 murder of Quintin Moss, a Missouri drug dealer. Griffin always maintained his innocence, and now, evidence seems to indicate he was telling the truth. The first police officer on the scene now says the eyewitness account was false, even though the officer supported the claims during the trial. Another eyewitness who was wounded during the attack was never contacted during the trial, and he says Griffin wasn’t present at the crime scene that night.

4. Carlos DeLuna—In 1989, DeLuna was executed for the stabbing of a Texas convenience store clerk. Almost 20 years later, Chicago Tribune uncovered evidence that shows DeLuna was likely innocent. The evidence showed that Carlos Hernandez, a man who even confessed to the murder many times, actually did the crime.

5. David Wayne Spence—Spence was put to death in 1997 for the murder of three teenagers in Texas. He was supposedly hired by a convenience store clerk to kill someone else, but he allegedly killed the wrong people by mistake.

The supervising police lieutenant said “I do not think David Spence committed this crime.” The lead homicide detective agreed, saying “My opinion is that David Spence was innocent. Nothing from the investigation ever led us to any evidence that he was involved.”

6. Jesse Tafero—In 1976, Tafero was convicted of murdering a state trooper. He and Sonia Jacobs were both sentenced to death for the crime. The main evidence used to convict them was testimony by someone else who was involved in the crime, ex-convict Walter Rhodes. Rhodes gave this testimony in exchange for a life sentence. In 1990, Tafero was put to death. Two years later, his companion Jacobs was released due to a lack of evidence…the same evidence used to put Tafero to death.

7 & 8. Thomas Griffin and Meeks Griffin— The oldest case on this list dates back to 1915. The Griffin brothers, two black men, were convicted of the murder of a white man. The reason they were convicted is because Monk Stevenson, another black man suspected of committing the murder, pointed to the brothers as having been responsible. He later admitted the reason he blamed them is because they were wealthy, and he assumed they had the money to beat the charges. The Griffin brothers were completely innocent, but they were put to death nonetheless.

Top Indonesia judge gets 8 years in prison for corruption

 

Indonesia’s corruption court on Monday sentenced one of the country’s top judges to eight years in prison for taking bribes, the second time a Constitutional Court judge has been imprisoned for bribery since 2014.

A five-member panel of judges ruled that Patrialis Akbar was guilty of receiving thousands of dollars from a meat importer to influence the outcome of a judicial review of the law on animal husbandry.

Akbar was caught in an anti-graft sting in January, Indonesia’s anti-corruption police say.

Akbar, a law and human rights minister under former President Susilo Bambang Yudhoyono, denied any wrongdoing. After the sentencing, he said it was up to God to decide what was right and wrong.
The meat importer, Basuki Hariman, was earlier sentenced to seven years in prison and his secretary, Ng Fay, received five years.

The judges said Akbar received $10,000 in expenses to perform minor hajj and about $300 for golf expenses. The panel also fined Akbar $22,500 or a further three months in prison.

In 2014, Akil Mohtar, the former chairman of the nine-member panel of judges of the Constitutional Court, was sentenced to life in prison for accepting bribes. Mohtar also was caught by the Corruption Eradication Commission.


China jails former top judge for corruption

 

Life in jail for supreme court’s former vice-president Huang Songyou over $500,000 fraud and bribery offences

 

A former Chinese supreme court judge was jailed for life after being convicted of embezzlement and receiving nearly £500,000 in bribes.

Huang Songyou, the court’s former vice-president, is the first judicial official of his stature to be tried and convicted on such charges, part of a continuing Communist party campaign against deep-seated and high-level corruption.

Formally known as the supreme people’s court, the body is the highest judicial panel in China with wide-ranging powers including overseeing lower courts and reviewing death sentences. The court has 13 members, with its grand justice also sitting on the party’s decision-making central committee.

Huang’s entire property also was confiscated under the ruling, according to the official China News Service.

Huang, 52, was accused of taking 3.9m yuan (£349,000) in bribes from a law firm in return for favourable rulings on cases between 2005 and 2008.

He was also charged with embezzling 1.2m yuan in government funds while serving as president of a city-level court in southern Guangdong province in 1997.

Huang was fired and kicked out of the party in August and was tried last Thursday at the Langfang municipal intermediate court in Hebei province, outside the capital, Beijing.

The official Xinhua news agency said Huang had confessed to the charges during the investigation. Most of the bribes and embezzled funds had been recovered.

“As a chief justice, Huang knowingly violated the law by trading power for money and taking a hefty sum of bribes, which has produced a bad impact on the society, and should be punished severely,” Xinhua said. The agency said it did not know whether Huang would appeal.

China hopes such high-profile prosecutions of leading party members will scare the rank and file straight.

Shanghai’s former powerful party chief, Chen Liangyu, became the most senior official to fall foul of the law when he was jailed for 18 years in 2008 for his role in a pension fund scandal. In 2007, the director of China’s food and drug agency was executed for approving deadly fake medicine in exchange for cash.

 

Notice  to Chief Justice of India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice  

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

The Tyranny Of The Judiciary: Who Judges The Judges?

by  Daniel Korang

 

‘… to consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps… their judicial power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control.’ Thomas Jefferson

Introduction

The question who judges the judges? evokes serious philosophical concerns as does the question who determines the justness of God’s dealings with mankind. Judges are only legally trained, and not divinely ordained as infallible humans.

They do not draw inspiration from some unseen super spirit in forming judicial decisions; their decisions represent their personal understanding of law and situations. Judges all belong to political parties. Yes, they have passions for party, for power and compliments from their fellow men. Indeed all the judges we have and know of exercise their franchise in general elections. They have political, moral, cultural and religious preferences.

They have personal whims, caprices, proclivities, idiosyncrasies, quirks, eccentricity and suchlike tendencies. Their fallibilities, frailties, imperfections and weaknesses oftentimes animate their verdicts.

Whether or not inherited from Adam, the sin of judicial self-indulgence or self-celebration is a perpetual temptation. Judicial self-restraint is a perpetual challenge. And perfection is an unattainable goal. The primary constraint on the tendency toward that evil of those who sit in judgment on others is the moral constraint imposed by the professional community to which they belong. Whatever its source, the proclivity for bias and general evil is real and a universal problem for judges and those who judge judges.

The primary function of the judiciary is to manifest the virtue of disinterest to those required to accept a judicial decision. The disinterest of the judiciary has been made increasingly difficult in our time by the movement away from legal formalism to the legal realism that commissions judges to pay heed to the social consequences of their judgments.

But the more heed judges are expected to pay to the social consequences of their decisions, the harder it is for them to lay aside their personal preferences or the interests of their friends and allies. This explains why the verdict of the courts in Ghana can, in some cases, be suitably and comfortably classified as a political memoir.

At best, Judges can only be presumed to be men who are squarely fit to administer justice and settle the differences and cases that roil our lives. This is a mere presumption. No human judge is perfect or infallible. Being manned by men who are essentially amenable to the common and ordinary frailties of humans, the judiciary cannot be seen as or claim to be beyond human checks and controls. The humans who fill the seemingly uncontrolled judiciary are the same as those who fill other state institutions which are carefully controlled, limited and checked against possible excesses and abuses.

The Judiciary: The God That Be?
The judiciary seems to be an organ of government that is exalted above every other organ of government. The authors of the constitution have made the judges independent, in the fullest sense of the word. There is no power above them, to control any of their decisions. There is no authority that can remove them; they alone determine when they must be removed for whatever reason(s) and they cannot be controlled by the laws of the legislature.

Indeed the law is said to lie in their bosom. The world owes it to Justice Oliver W. Holmes that: ‘The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.’This observation has received a well-nigh unanimous acceptation by legal scholars, and if it is correct, then the judiciary ought to be reasonably checked in order to ensure that the reason for its existence may not be prejudiced and jeopardized. Montesquieu put it most strongly: ‘Of the three powers above-mentioned, the judiciary is in some measure next to nothing.’

In short, the judiciary, in the exercise of its judicial functions, is independent of the people, of the legislature, the executive and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself.

The overzealousness of the draftsmen of the 1992 Constitution to give absolute independence and lack of accountability to the judiciary under our current constitutional arrangement is perhaps a brainchild of careful reflection of the trajectories of our history as a people. In time past, under some military juntas, judges held their places at the will and pleasure of the juntas, on whom the judges depended not only for their offices, but also for their salaries; they were subject to every undue influence.

If the junta wished to carry a favorite point, the accomplishment of which needed the aid of the courts of law, the pleasure of the junta would be signified to the judges. And it required the spirit of a martyr for the judges to determine a case contrary to the junta’s will. They were absolutely dependent upon him both for their offices and livings. Do you remember the three judges who were murdered in cold blood for upholding the law? This is our history.

In our collective zeal to tidy up our minds, consign every memory of our gloomy past to the trash can and make it practically impossible for the resurgence of military rule with its attendant molestation of judges, we, under the 1992 Constitution have exalted the judiciary above every other organ of government with practically no or little accountability.

The language of article 127 of the constitution makes the judiciary absolutely independent of any person(s), state institutions or authority in terms of both judicial and administrative functions, finances etc. The only limitation – a seemingly vague one, of course – is that the judiciary is subject to the constitution itself. This is no limitation, properly so-called, as the constitution itself has no meaning independent of the viewpoints of judges. Beyond this formless and amorphous limitation, one reads the entire constitution in vain in one’s voyage to discover practical constitutional controls and limits of the power of the judiciary.

The absolute lack of check(s) or controls of the judiciary under our present constitutional arrangement has the tendency of plunging the judiciary into the arena of judicial absolutism, tyranny and activism, a situation which is much abhorred even in the worst monarchical governments.

Limitless Tenure of Judges
One aspect of the judiciary is that judges have no fixed term of office. They hold office till they retire or die or are removed from office. This situation gives a lot of people goose pimples. An eloquent statement of the problem published in 1848 is that of Frederick Grimké, a Justice of the Ohio Supreme Court: ‘If it is not wise to confer a permanent tenure of office upon the executive and legislative,’ he concluded, ‘it should not be conferred upon the judiciary; and the more so, because the legislative functions which the last perform is a fact entirely hidden from the great majority of the community.’

In 1823, the ageing Thomas Jefferson stated in his Letter to A. Coray, October 31, 1823 that:

‘At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.’

On March 9, 1821, Thomas Jefferson also stated in a Letter to Judge Spencer Roane that: ‘The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them.’

The life tenure of judges has been criticised by many scolars and ordinary Ghanaians. But I have always asked myself, is there any better arrangement? Must judges have a fixed term of office? If yes, how long?

The Courts as Political Agencies
Although we profess to be a democracy, our judges have, at times, expressed themselves in a manner that smacks of an abiding faithfulness to one political party or the other. In purely political cases, one easily sees that the difference between the majority view and the minority view is primarily actuated by the political affiliation of individual judges sitting on the case. It is interesting to note that every one judge in Ghana, like any ordinary Ghanaian, exercises a his or her franchise.

Every judge votes, signifying that judges are not politically neutral persons as we presume them to be. We can, at best, hope that judges will value the public confidence reposed in them to do justice and uphold fidelity of law. It is sad and regrettable that judges make their political stance so plainly conspicuous that their choice of words in their judgment merely betrays them as the exalted alter egos of the government that appointed them.

Our system of government makes appointment of judges the prerogative of the president. This brings about a situation where party apparatchiks with legal background are appointed by the president as judges to fill the courts. When judges are appointed by the President, they, as people argue, feel obliged to use their office to champion the policies, political whims and caprices of the appointing president. Certain decisions in our law reports portray the ugly situation where a particular government used the court as a fiat to carry out political vengeance on some members of the opposition.

In fact, the court has become a tool for effecting witch-hunting and punishing dissenting members of the polity. What accounts for this major problem in our national life? Is the problem the mode of appointment of judges? Is the problem merely one of personal failings of the judges? Are there better systems of government that fosters independence of the judiciary while making the courts as responsible and accountable as any other state organ? What do you suggest we do?

Objections to the court: How Made?
The judiciary of Ghana seems an institution of overwhelming monstrosity and mystery. Upon hearing of the court, the citizens are immediately put in a state of utter fright. When the courts sit, they appear very unfriendly and distant. The courts are free to pass any verdict at all without any fear of control or objection from anyone. Lawyers more frequently raise objections to their fellow lawyers to signify their dissensions. However, it is contemptuous for a lawyer to raise abjection to a proposition made by a judge, not even when such objection is prefaced by the soothing phrase, ‘with all due respect’. All that the law and practice permit a lawyer to do is to bow to the judge and say, ‘I am grateful, my Lord’, ‘As the Court pleases’, ‘Most grateful’ and suchlike phrases.

Who can question the court for what it does – parliament, the executive, the citizenry or who? Is the Supreme Court of Ghana too supreme for a good? If it is, what ought we to do?

The courts have the power to validate the invalid and invalidate the valid. What can’t the Supreme Court of Ghana do under the sun? Perhaps, what the Supreme Court cannot do is to order that a man be changed into a woman. The Supreme Court has the power not only to enforce the law, but to legislate at will. In fact, the life of the ordinary Ghanaian depends on the intelligence of the judiciary. The judiciary encourages and discourages actions of the masses.

What is happening in Ghana today confirms the fears and foreboding of Thomas Jefferson expressed in his Letter to John Wayles Eppes, in 1807 when he said: ‘The original error was in establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will.’

When a judgment of a court is unsatisfactory or considered bad, the law enjoins the dissatisfied party to appeal against the said verdict and perhaps go for a review. What happens when the final decision of the highest court is deemed palpably wrong and ill-motivated? What happens when the verdict of the court is deemed as politically motivated? Where else do we go? Who has the power or even right to hold the Supreme Court accountable? Is the Supreme Court always right?

We have instances where the Supreme Court has held that the Court of Appeal was wrong in its decisions. But is the Supreme Court itself always correct in its opinions.

In Korblah II Alias Tetteh And Another v. Odartei III [1980] GLR 932-945 the Court of Appeal in allowing an appeal from a High Court stated that ‘the learned judge clearly erred’. Republic v. Kumasi Traditional Council; Ex Parte Nana Kofi Dei [1973] 2 GLR 73 – 90the Court of Appeal held that, ‘Consequently, the High Court had erred in holding otherwise’.

I hope it may not surprise anyone to hear that the Supreme Court also, even by majority, errs in its decisions. In the famous case of Tsatsu Tsikata v. Attorney-General [26/06/2002] CIVIL MOTION NO. 11/2002 the Supreme Court, in overturning an earlier majority decision in a review application held thus: ‘The majority judgment omitted to consider and examine relevant constitutional provisions to which I have made reference and consequently erred in law in the conclusions it reached.’ It was also observed that, ‘The majority erred when they came to a contrary conclusion’.

If the majority of the Supreme Court judges can err in their decisions, then how safe are we if the Supreme Court is subject to no control by any other organ of government or group of trained persons?

The decision of a court, no matter how manifestly erroneous, is final and binding unless it has been reviewed or appealed against. In Bisi v. Kwakye [1987-88] 2 GLR 295, Taylor, J.S.C. said: ‘In our system of adjudication the majority view of a plural bench of a court represents the binding judgment of the Court, even if it can subsequently be demonstrated to be vulnerable to attacks’.

In many cases before the courts, mere homespun wisdom is sufficient to reveal the errors, vacuities and mistakes in the judgment of even the highest court of the land. Many Ghanaians may well be dissatisfied with the verdict of the just ended election petition. But beyond review, who can legitimately question the verdict? This is the system we have adopted for ourselves. We must accept it or call for necessary reforms.

Who Judges the Judges: How to Remove a Judge
In Ghana, a judge can only be removed from office for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind. The question is who determines what constitutes incompetence or inability? The same judiciary does that. The process of removing a judge is also purely judicial in nature, undertaken by judges. We are back to square one – judges are judged by judges! No other organ of government has any overriding power to effect the removal of a judge.

To this end, it is necessary to say that the independence of the judiciary is a keystone of true democracy. However, the judiciary is not beyond human flaws. The courts err. It behoves us all as a people to change the status quo if we desire so or be temperate, gentle and humane in our comments and criticisms of judicial decisions.

 

 

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September 8, 2017

Notice to Chief Justice

Filed under: dalit human rights — Nagaraja M R @ 5:24 pm

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.34… . 06  / 09 / 2017

 

Editorial : Murder of JUSTICE

 

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.09.2017……………..your’s sincerely,
Place : Mysore , India   ……….Nagaraja  Mysuru Raghupathi

 

Notice  to Chief Justice of India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

 

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August 22, 2017

Mishra Threatens Petitioner

Filed under: dalit human rights — Nagaraja M R @ 6:17 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.34… . 30  / 08 / 2017

 

Editorial :  Mishra Threatens  Petitioner

–         Accountability of  Judges MUST

–         Remainder to  Honourable CJI  &  Justice Mishra

Mr.Upendra Mishra ( Justice Dipak Mishra Proxy  or  unrelated ?  )  has threatened the petioner Mr. Nagaraja.M.R.  for petitioning against Justice Dipak Mishra through facebook posting.  Mr. Upendra Mishra  indirectly referred about sending  petitioner to jail.  If  anything untoward happens to me or to my  dependants Mr.Upendra Mishra , Justice Dipak Mishra , CJI  will be jointly responsible along with perpetrators of crime and jointly liable to pay damages.

file:///C:/Users/Administrator/Downloads/High%20Court%20Of%20Judicature%20at%20Allahabad_Lucknow%20Bench.html,

Police  verification is mandatory , before getting passport or before joining government service. If  police   finds any suspicious  connections , activities by the applicant  and gives adverse report   the person will not get passport or  will not be selected for government service. When even for the post of peon in government positive police verification is mandatory , why NOT for Justice Dipak Mishra.?  Mishra has been indicted by Revenue Assistant commissioner , CBI,  still promotion to CJI why ?  Previously too  few judges indicted by IB  and against the reservation of bar councils were promoted , why ?

Courts of law treats  dying declaration of a person or a witness as an important evidence in cases  involving common people. Whereas in the case of Suicide of Mr.Kalikho Pul former chief minister of Arunachal Pradesh , his suicide note  indicting  Justice Khehar , Justice  Dipak Mishra , President Pranab Mukherjee , others was  not considered as a  dying declaration &  acted upon in right  earnest by SCI , why ? Is there different set of laws for Justice Khehar , Justice Dipak Mishra , President Pranab Mukherjee and commoners ?

 

Supreme  Court Judges take  5 star  pay , perks from the public exchequer but   don’t give accounts of their actions to public .

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

  In most of the cases , when allegations against judges comes up proper enquiry is not done , no follow up legal prosecution is done. In other cases , no enquiry is done.  RTI  information about such judges is not given to RTI applicants ,  PILs  filed against such judges are not entertained by courts ,  PILs are not registered & taken up for hearing.  Thereby , guilty judges  remain  technically innocent  as no  proper investigation is done , as  they are not  legally prosecuted by investigating agency , as they are not judged , declared as  “Guilty” by any court of law.  All court management.

  Even if a judge is transferred  or resigns or impeached , it  is  not a legal punishment  & definitely not the end of legal prosecution. If a commoner  steals  a jewellery but  returns the same after sometime to the owner with sorry. Is it the end ? is there no punishment for his crime ?  In the same way , what punishment for guilty judge ?

  Now, take the case of Justice Karnan, apex court  took  cognizance of Karnan’s   way of representation , his sound.  Justice Karnan made certain  allegations against high court judges through proper official channel to supreme court of india . Why it did not act till months , till date ? Why SCI did not constitute an  impartial enquiry committee  to investigate ? 

When a person calls  you repeatedly  in a normal polite tone & you do not respond. The  caller concludes  the  hearer is either deaf / dumb / pretending  to be deaf & dumb. In such a scenario , caller yells out at high pitch so that the hearer can hear.

Same way , when SCI failed to act on  his repeated appeals , he yelled  out in open , what is wrong with  him ? Actually SCI is on the wrong side , why it did not conduct enquiry in the first place  at  the first instance?

 To silence him  SCI Judges , Advocate Ram Jethmalani termed Karnan as  lunatic. Are  you subject experts in psychiatry ?  You are not full fledged experts in your own domain , how come in others. is  it not defamation of an individual , contempt of high court of west Bengal ? What punishment for defamers , contemnors ?

  Day in day out , since years SCI Judges are making contempt of citizens of india by not answering RTI questions , by not registering PILs in turn  covering up crimes by judges ,  officials & others. Why no punishment to SCI Judges for contempt of citizens of india ?

  There is wrong from the beginning. There are fake advocates ,  Judicial exam papers are  leaked ,  few  judges  selected are kith & kin of serving / influential judges ( others  not bright ? ) , some judges copy during  the examination , few favorable junior  judges promoted while the  talented senior judge is sidelined in promotion.  So  few  candidates  are  selected as judges  in the illegal way , how can they work in a legal  way ?

Threatening a petitioner with contempt  or  brute police force or fixing petitioner in false cases  is not ethical nor legal.

Read details at following web pages , attachment  & sincerely answer :

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

JAIL  Dipak  Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge ,

 

JAIL  Tyrrant  Judges

https://sites.google.com/site/eclarionofdalit/jail-tyrant-judges ,

 

Ugly  face of Judiciary

https://sites.google.com/site/eclarionofdalit/ugly-face-of-judiciary  ,

 

5 Star  Jails & Hell

https://sites.google.com/site/eclarionofdalit/5-star-jails-hell  ,

 

Judges  Connive with  VIP  Prisoners

https://sites.google.com/site/sosevoiceforjustice/judges-connive-with-vip-prisoners

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

 

Even as Chief Justice of India (CJI) JS Khehar has recommended the name of senior-most Supreme Court judge Justice Dipak Mishra as his successor, the International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

Since the CJI has already recommended Justice Mishra’s name as his successor despite the charges against him, ICJ plans to approach the President and the Prime Minister seeking their intervention.

Lok Sabha MP Harinder Singh Khalsa has also written a letter to the Prime Minister’s Office expressing his concern over the CJI’s recommendation of Justice Misra.

“I feel very strongly about what is going on at the moment. Allegations of impropriety and the incident with Justice CS Karnan prompted me to write to the Prime Minister,” Khalsa told DNA.

In his letter, Khalsa referred to late Arunachal Chief Minister Kalikho Pul’s suicide letter which accused several judges of the higher judiciary of corruption. Khalsa wrote: “The people of this country who certainly expect the next CJI to be not merely a Caeser’s wife above suspicion but a judicial statesman, a tall figure whose integrity and probity is beyond doubt.”

As first reported by DNA, an in-house probe headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and two other Hgh Court judges against two Orissa High Court judges was abruptly stopped when the name of a sitting Supreme Court Justice cropped up. The committee wrote to CJI Khehar and stated that it could not conduct any enquiry against a sitting Supreme Court judge.

The ICJ wrote a letter to CJI Khehar on July 24 and sought an internal probe against Justice Misra since its own enquiries had “revealed that the Supreme Court judge in question is Justice Dipak Misra, who is the senior-most after the CJI.”

“We seek your indulgence to immediately appoint an in-house committee consisting of Judges of Supreme Court of India to look into the allegations against Mr Justice Dipak Misra, Judge, Supreme Court of India, to ensure transparency in the functioning and independence of Indian judiciary,” the letter sent by ICJ president Adish Aggarwala reads.

The ICJ letter also refers to a September 2016 complaint filed by one Jayanta Kumar Das, alleging that Justice Misra was involved in the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack when he was a lawyer. According to ICJ Aggarwala, Justice Misra was allotted land in 1979 when he was an advocate there and there is a court order with adverse remarks in the matter pertaining to the land.

“Your Lordship, since institutional integrity is involved in the whole episode and that the allegations are against a sitting apex court judge, who may be considered for appointment as next Chief Justice of India, it is incumbent on you to clear the doubts in the minds of the public and lawyers about your successor,” the letter says.

It also points out that when allegations of impropriety were made against Justice Soumitra Sen of the Calcutta High Court, “allegations, which were much less serious than those against Mr. Justice Dipak Mishra, the then CJI immediately constituted an in-house committee to look into the allegations against him”.

“Once the veracity of allegations against him (as an advocate) was established, the then CJI recommended his impeachment. Unless a similar procedure of enquiry is followed in case of Mr Justice Dipak Misra, the high name of Indian judiciary may be smirked,” it says.

 

Cropping Up Of SC Judge’s Name During Inquiry Is No Reason To Stall Probe Against Orissa HC Judge, CJAR Writes To In-House Committee Chairman

Read more at: http://www.livelaw.in/cropping-sc-judges-name-inquiry-no-reason-stall-probe-orissa-hc-judge-cjar-writes-house-committee-chairman/

 

Intellectual Dishonesty Is The Biggest Challenge To The Independence Of Judiciary: Senior Advocate Dushyant Dave 
Read more at: http://www.livelaw.in/intellectual-dishonesty-biggest-challenge-independence-judiciary-senior-advocate-dushyant-dave-video / ,

https://www.youtube.com/watch?v=YiqRt9YsYhQ&t=825s ,

 

Why The kith And Kin Of Judges Being Mostly Considered For Appointments? Asks SCBA President

http://www.livelaw.in/kith-kin-judges-mostly-considered-appointments-asks-scba-president-judges-child-calibre-heshe-can-become-judge-cji/ ,

APPOINTMENT OF SUPREME COURT JUDGES IN INDIA & NECESSARY JUDICIAL REFORMS

 

By  P Mohan Chandran

 

The appointment of Supreme Court judges in India has created quite a furore among the Indian executive and judiciary alike. It has been mired in controversies galore in the wake of the National Judicial Appointments Commission (NJAC) Act being struck down and declared unconstitutional by a five-judge Supreme Court bench headed by Justice J.S. Khehar, after a marathon hearing for 31 days on the issue of the validity of the 99th constitutional amendment and the NJAC Act. As the judicial vacancies in High Courts kept rising, touching about 40%, Justice Khehar delivered the historic verdict that the judicial appointments would not be put on hold and the Collegium process would continue until the Constitution Bench decided on reforms.

COLLEGIUM SYSTEM & ITS ORIGIN

In the Collegium system, the Chief Justice of India (CJI) and a panel comprising four senior-most judges of the Supreme Court recommend appointments and transfers of judges. The collegium system evolved after three landmark judgments of the Supreme Court, popularly known as the ‘three judges cases’ that comprised the first, second and the third judges cases.

The first judges case was the SP Gupta case. It was decided on December 30, 1981 that the President, with sensible reasons, could reject judges’ names recommended by the CJI. This shifted more power on the executive from the judiciary in the appointments process.

In the second judges’ case, a nine-judge bench of the Supreme Court overturned the verdict of the first judges case by creating a Collegium system. The majority verdict delivered by Justice J.S. Verma in the Supreme Court Advocates on Record Association Vs Union of India case on October 6, 1993, stated that the CJI should be entrusted with the primary role of appointments of judges. However, the three judges ruling in this case could not reach a consensus on the exact role of the CJI in the process, leading to a lot of confusion in the appointment and transfer of judges for years.

The final judgement in the series, the third judges case (October 28, 1998) made things clearer after the President’s request to the Supreme Court for a clarity. In this case, the Supreme Court came up with nine guidelines that the Collegium system should follow to function effectively. This case established the supremacy of the judiciary in the appointment and transfer of judges.

WHAT IS NJAC?

NJAC or the National Judicial Appointments Commission is a constitutional body proposed to replace the existing Collegium system of appointing judges. The NJAC proposed a transparent and broad-based process of selection of judges of the Supreme Court and High Courts. The judges of the Supreme Court and High Courts were to be selected by the NJAC commission, whose members were drawn from the judiciary, legislature and civil society.

The NJAC was established by amending the Constitution (99th Amendment) Act, 2014, passed by the Lok Sabha and the Rajya Sabha in August 2014. Alongside, the Parliament also passed the National Judicial Appointments Commission Act, 2014, to regulate the functions of NJAC. The State legislatures of 16 states ratified both the Bills and the President gave his assent on December 31, 2014. The NJAC Act and the Constitutional Amendment Act came into force from April 13, 2015.

 

Constitution of the NJAC

The NJAC will consist of six people: the Chief Justice of India (CJI), two senior-most judges of the Supreme Court, the Law Minister, and two ‘eminent persons’. These eminent persons would be nominated for a three-year term by a committee consisting of the CJI, the Prime Minister, and the Leader of the Opposition in the Lok Sabha. One eminent person had to be nominated from among the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. These eminent persons were not eligible for re-nomination.

 

Maintaining Judicial Independence

The judicial representatives in the NJAC – the CJI and two senior-most judges – can veto any name proposed for appointment to a judicial post if they disapprove of it. A proposal once vetoed cannot be revived. At the same time, the judges require the support of other members of the commission to get a name through.

 

Method of Appointment of Judges Prior to NJAC

Articles 124 and 217 of the Constitution deals with the appointment of judges of the higher judiciary. According to these Articles, judges are appointed by the President of India after consultation with the CJI and other judges. The term “consultation” is of great significance here because in 1993, in the Second Judges case, the Supreme Court decided that the CJI must agree to all judicial appointments. This created the Collegium system, wherein the three senior-most Supreme Court judges decided on who would be a judge of the High Court or the Supreme Court.

 

‘FLAWED’ COLLEGIUM SYSTEM – THE ‘CRUX’ OF THE CRISIS

The Central government criticised the Collegium system stating it has created an imperium in imperio, i.e., empire within an empire, within the Supreme Court. The Supreme Court Bar Association too blamed it for creating a “give-and-take” culture, causing a chasm between the haves and have-nots. The Bar Associated noted that the common man keeps struggling for years to get justice, while politicians and actors get instant relief from courts.

Many eminent jurists, too, time and again, have expressed their reservations about the impartiality of the Collegium system. Former Chief Justice of India, Late Justice JS Verma, who was a part of the panel of judges who delivered the historical 1993 judgment introducing the collegium system, during the fag end of his life, surprisingly expressed displeasure at the verdict as many shortcomings had crept into the system in the past 20 years since its introduction. Several detractors of NJAC also argued that the new political element would destroy judicial independence.

In 2015, Attorney General Mukul Rohtagi, during his arguments in the Supreme Court on the petition challenging the National Judicial Appointments Commission (NJAC), described the Collegium system as “dead and buried”. Rohtagi said that in no other country, except in India, judges were appointed by judges, and he opined that the new system would lead to infusing more accountability and transparency into the judicial system.

According to Justice Chelameswar, who was a keen external observant of the dynamics of the Collegium system for the past five years and also an insider for quite some time, felt that the Collegium, since its constitution, never maintained a record of the minutes of its meetings of the five members and their deliberations. Justice Chelameswar indicated that an absence of record implied that the Chief Justice of India (CJI) could present the Collegium’s opinions to the government as unanimous decisions, thus suppressing any dissent within the body, until there was proof otherwise. The issue of ‘lack of record’ questions the Supreme Court’s creation of the Collegium through its nine-judge bench’s ruling in the Second Judges case in 1993.

The Supreme Court, in the Third Judges case, in its advisory opinion to the President on October 28, 1998 held that “the opinion of all members of the Collegium in respect of each recommendation should be in writing.” The Supreme Court also held that “the ascertainment of the views of the senior-most Supreme Court judges who hail from High Courts from where the persons to be recommended come, must also be in writing.” From this verdict of the Supreme Court, it is quite clear that the Supreme Court made it mandatory for the Collegium to maintain a record of its proceedings, including the Collegium members’ reasons for recommending or rejecting a candidate considered by them.

If one of the members of the Collegium dissents on the recommendation of a particular judge, then the government can ask the Collegium to reconsider the recommendation on this ground. However, such a recommendation is binding on the government if the Collegium reiterates it, but such reiteration has to be unanimous for the government to accept it. Thus, a dissenting member of the Collegium gets an opportunity to exercise the option to ‘veto’ a recommendation while reconsidering it. In the judgment of the Third Judges case, paragraph 26 clearly states that only a unanimous reiteration entails an appointment. Thus, with the failure of the Collegium to keep a record of its proceedings, the government cannot know whether the original recommendation or a reiteration (when asked to reconsider) was a unanimous one, and it is compelled to rely on the CJI’s word. But, if the CJI’s word were to be contested by the other Collegium members, then complying with CJI’s word would create some issues to the government.

An instance of a negative consequence of not maintaining records came to light in March 2016, when a challenge filed by Lalit Kumar Mishra, a former additional judge of the Orissa High Court, regarding his non-appointment as a permanent judge of the High Court despite his name being recommended by the Supreme Court Collegium, was dismissed by the Supreme Court bench comprising Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant. Mishra’s contention was that there was nothing in writing that suggested that the Supreme Court Collegium had reconsidered its recommendation to make him a permanent judge of the High Court. Thus, the absence of record-keeping is the crux of the crisis.

 

NJAC – THE BONE OF ‘CONTENTION’

The following were some of the issues that were the bone of contention between the government and the judiciary:

·         The Memorandum of Procedure for appointing judges was a bone of contention, with the judiciary refusing to accept the government’s proposals.

·         Several clauses, including the inclusion of the law minister into NJAC, has been unpalatable by the judiciary.

·         The government’s insistence on including its clauses has led to a gridlock, with judicial delay and unfilled vacancies.

The following were the reactions of some of the prominent lawyers from the horse’s mouth on the Supreme Court’s decision:

Abhishek Manu Singhvi: “Having seen the good and later the disturbing operation of both the government appointments and the Collegium system, I think the NJAC should have been given a chance. In my personal view, the judgment is disappointing. Let us hope that there will be real, actual and significant reforms in the content and operation of the Collegium system.”

M.N. Krishnamani, Former President, Supreme Court Bar Association: “I am not happy with the judgment. The power was initially vested with the executive, subject to consultation with the CJI. That could not have been changed by the judiciary.”


Prashant Bhushan: “It is very heartening to note that the Supreme Court has put its foot down firmly on attempts to dilute the independence of the judiciary by allowing the executive government a say in the process of appointing judges. This will mean a revival of the Collegium system, which suffers from problems such as lack of transparency and lack of definite eligibility criteria for selection of judges. For this, one needs an independent full-time body, which is independent of both the judiciary and the government.”


Kapil Sibal: “This is a great success for Indian democracy. This government and its legal advisors should resign. I hail the judgment for ensuring the independence of the judiciary and not allowing any attempts to make inroads into the independence of the judiciary and for throttling the basic freedoms of the citizenry. However, we do request the judiciary to evolve more transparent procedures to ensure the judiciary gives enough confidence to the bar and the people.”


THE NEED FOR JUDICIAL REFORMS

As most of the legal fraternity seemed to be against the flawed collegium system as explained above, the Modi government felt a need to reform it in 2014. However, it faltered because its focus was more on how it could control the appointment of judges through the NJAC rather than on reforms.

A good way to end the executive-judiciary impasse would be to make public any future correspondence on the Memorandum of Procedure (MoP), which will act as a catalyst in infusing transparency in judicial appointments. MoP for collegium appointments, as suggested by the government, aims at having an institutional and transparent process of judicial appointments, wherein more people, instead of a closed group, are involved in the appointment of judges.

The government had proposed some of the following measures to reform the judicial appointment process:

·         There should be an age limit set up for appointment of judges.

·         Instead of only the Collegium, all judges should vet the list of names of judges to be selected.  

·         Chief Ministers, Attorney Generals and Advocate General should have a say in the appointment of judges.

·         The criteria of merit, seniority and integrity should be strictly followed while promoting a High Court Chief Justice or a judge to the Supreme Court. Preference should be given to Chief Justices of High Courts, keeping in mind their ‘inter-se seniority’.

·         When a senior Chief Justice is overlooked for elevation to the Supreme Court, the reasons for it must be recorded in writing. The views of each of the five judges of the Collegium must be made known to the government in writing.

·         An institutional mechanism by way of a committee to be constituted to aid the Collegium in the evaluation of suitable prospective judges. Two retired judges of the Supreme Court and one eminent person/jurist should be jointly nominated by the Chief Justice of India and the Government of India, with an aim to create wider consultation for selecting best candidates.

·         There should be a secretariat created under the Law Ministry to keep a record of the database of judges, Collegium meetings, maintain records and receive recommendations/complaints concerning the posting of judges. The secretariat would help ensure a wider net for better candidates and the Collegium would also have comparative data for making better decisions.

·         The names of the judges whose Intelligence Bureau report is negative to be struck down from the list of names for judicial appointments to the Supreme Court.

 

ELIMINATING NEPOTISM – THE NEED OF THE HOUR

An important step in reforming the Indian judiciary would be to eliminate nepotism. On August 19, 2016, a Hindi news portal, www.indiaspeaksdaily.com, published a detailed article on the kind of nepotism prevailing when a list was sent by the Allahabad High Court to the Supreme Court for appointment of judges. The article mentions that there are dozens of judges whose sons, daughters and relatives are also judges. The article enlightens us on several aspects of judicial appointments and mentions that many of the names suggested in the list sent by Allahabad High Court do not fulfill many of the eligibility conditions for appointment of judges. The article states that in the year 2000, 8 out of the 13 judges suggested by the Allahabad High Court Collegium were relatives of sitting judges. According to the article, 90 of the 159 names suggested in the list by Allahabad High Court were relatives of different judges. However, the whole list was later dismissed.

Another article titled “Relatives of 9 Judges Appointed Law Officers”, published by the Tribune on July 7, 2013, mentions the trend of judges having relatives practicing in the same courts.

In yet another case of corruption that involved 73 judges, some of the judges enrolled themselves as members of the Karnataka State Judicial Department Employees House Building Cooperative Society and bought plots meant for housing court employees, who were unable to afford accommodation, at huge discounts. Some of the judges included ex-Chief Justice of India H.L. Dattu, ex-CJI M.N. Venkatachalaiah, and the current Chief Justice of India, T.S. Thakur too, who bought plots in that society. DNA City had covered this news article on November 23, 2011. In spite of this controversy, both H.L. Dattu and T.S. Thakur became Chief Justices of India.

There have been several cases of corruption and allegations on various judges such as Justice Y.K. Sabharwal, Justice V. Ramaswami, Justice A.S. Anand, Justice Vijendra Jain, Justice F.I. Rebello, Justice K.G. Balakrishnan and many more, who continue either continue to retain their positions or even grow.

It is said that Justice K.G. Balakrishnan’s appointment was also a kind of scandal. In 1998, when the NDA government came to power, the question of appointment of Supreme Court judges had come up. The Supreme Court Collegium gave a list that went to the President for appointment through the law ministry. Upon receiving the file, the President sent a name back to the Law minister to be considered for Supreme Court. K.R. Narayanan was the President then and the first Dalit President, too. K.G. Balakrishnan too was a Dalit. When the file was sent to the President again, he sat on the file and when the file was sent for the third time to the President, the President seemed to have insisted and got K.G. Balakrishnan appointed, who had one of the longest terms of over 3 years as the Chief Justice of India. Later, it is alleged that K.G. Balakrishnan also got several other judges appointed to the Supreme Court according to his whims and fancies.

According to some sources, Devi Das Thakur, late father of T.S. Thakur, was a good friend of Girdhari Lal Dogra of Congress, who, in turn, is related to a senior cabinet minister. Ex-CJI A.S. Anand was also Dogra’s friend.

Justice K.G. Balakrishnan’s son became a judge and Justice Y.G. Chandrachud’s son also became a Supreme Court judge. It is rumored that ex-CJI Ranganath Mishra’s nephew, Justice Dipak Mishra is expected to become the CJI in 2017.

Many judges post-retirement also land up with plum sinecure positions as a quid pro quofor a few favors done to the government. When the law does not allow a judge to practice in the same court after retirement, fearing wielding of undue influence, it seems quite illogical how a judge can be allowed to seek post-retirement benefits. Chief Justice of India T.S. Thakur’s father became a Governor, while ex-Chief Justice of India, P. Sathasivam was appointed as the Governor of Kerala. Some of the post-retirement benefits are also given away by way of unlimited perks on esteemed panels, committees and commissions. Chief Justice of India, Ranganath Mishra became a Congress MP after retirement, while many other cushy jobs such as National Human Rights Commission (NHRC), National Green Tribunal (NGT), Press Council of India (PCI) are reserved for and later awarded to senior judges. For instance, Justice Markandey Katju became the Chairman of the PCI in 2011.

 

THE WAY AHEAD

It is quite often said that judiciary and politics are strange-bed mates and there seems to be excess of impropriety, corruption and nepotism in India’s judicial system. It is clear that several deals have changed hands, limits have been transgressed and the justice delivery system is crippled. Our judicial appointment system has oscillated between two extremes in the last four decades – from excessive political interference by Indira Gandhi to the arbitrary and opaque Collegium system. It is now high time to strike a middle path. Right thinking citizens must get involved and give an opportunity for the judiciary to be redeemed and entangled from the clutches of political power, so that it can act independently, fearlessly, shunning nepotism forever.

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

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

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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

 Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective. 

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

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

date :  22 .08 .2017…………………………..Your’s sincerely,

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

 

 

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

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July 9, 2017

Ban Beef ?

Filed under: dalit human rights — Nagaraja M R @ 8:21 am

Dalit’s  Diary –  Weekly  Newspaper  On  Web  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.28… . 19  / 07 / 2017

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

–          An  Appeal  to  H.E.President  of  India

 

Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.

Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ?

Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB – Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…
They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices.
Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller – The Times of India

·         Beef exports up 44% in 4 years, India is top seller – The Center’s Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate…

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26%
3.            Australia              1,593,000             17.38%
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

“…Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores?

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals’ beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens’ bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way.

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded.

Other forms of brutality include the “Halal method,” where the animal’s neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar “method” is hanging the live, fully conscious animals upside down while their carotid arteries are cut.

Once aware of these procedures, many fast-food fans are reconsidering their diets. “It is repulsive and sick what is being committed by humans to animals in the U.S.,” said Ashley Coutier, a resident of Sparta. “It should be stopped as soon as possible.”

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. “I have heard about some of the things slaughterhouses do, but there are some things I just don’t want to know and I am better off not knowing about,” said Steve Snow, a sophomore at Sparta High School…”

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml

“…A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece”. Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.

http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 

First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. …The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage….

 

For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process.”

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, ” I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. …The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced….. 

“[M]any of the … regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'”

Grandin explained, “The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car’s speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way.”

 

Grandin recommended clear bans on certain practices. She further recommended “animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level.”

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, “I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance.”

%u3000

http://www.animallawcoalition.com/farm-animals/article/492

%u3000

%u3000

Brussels – The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe’s butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

“As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” said EU Health Commissioner Androulla Vassiliou.

Vassiliou’s proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

“These proposals are a step in the right direction and will benefit millions of animals,” said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

“It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques,” Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

“A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals,” said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission’s proposals would also apply to non-EU producers who export their products to member states. (dpa)

http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

%u3000

%u3000

 

EU wants welfare officers in slaughterhouses

Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).

If approved by all 27 member states, the European Commission’s proposal will “integrate welfare considerations into the design of slaughterhouses,” requiring the killing techniques to be constantly monitored.

A cow restrained for stunning ahead of slaughter

Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.

Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.

“As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” EU health commissioner Androulla Vassiliou said.

“The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators,” she added.

Animal rights groups hailed the commission proposal.

Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: “The commission made no mention of religious slaughter,” pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. “There, a large amount of sheep meat comes from animals killed via religious slaughter,” Mr Blaakman said, while Sweden permits no exceptions on religious grounds.

Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one’s own back yard instead of at slaughterhouses.

 

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

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July 7, 2017

Dalits Muslims & Cow Slaughter

Filed under: dalit human rights — Nagaraja M R @ 6:44 pm

Dalit’s  Diary  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.27… . 12  / 07 / 2017

 

 

Editorial  :  Dalits , Muslims & Cow Slaughter

  • An Appeal  to  E.President  of  India

 

Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.

Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ?

Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

Now ,  let us see the facts  for practical way forward :

  1. Since centuries Dalits are in the  profession of  cow slaughter not by choice , but by compulsion of times.
  2. Since centuries dalits &   others   are eating beef as it is cheaper than other meat.
  3. Cows are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.
  4. In rural house holds , when a mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s
  5. Inspite of such great respect many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.
  6. In many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

  1. Banning cow slaughter , beef is ok in national interest ,  in the  interest of religious sentiments of a community.
  2. Government must provide alternate food items to consumers at affordable prices than beef.
  3. Government must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.
  4. Government must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the
  5. Government must discourage farmers from rearing cattles when they are incapable of  looking after old cattles.
  6. Government must educate people about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.
  7. Most important of all , when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.
  8. Government must adopt a way of educating people about good dietary habbits  rather than policy  of stick.
  9. Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.
  10. Government must set up FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

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

Old  Professional / Trade Title : S.O.S – e – Clarion Of Dalit
New   Professional / Trade Title :  Dalit’s  Diary

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

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

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

Owner/Editor/Printer/Publisher : NAGARAJA.M.R.

Nationality : INDIAN

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

Eye Donation : Both EYES of Nagaraja M R , Editor ,  Dalit’s  Diary  are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

Old  Home page :
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http://sites.google.com/site/eclarionofdalit/Home ,
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Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479

Cell :   91  8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

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

date :  05 .07 .2017…………………………..Your’s sincerely,

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

 

 

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

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October 2, 2008

Public complaint to DGP

Filed under: dalit human rights — Tags: — Nagaraja M R @ 11:41 am

e – Clarion Of Dalit monthly newspaper on web

working for the rights & survival of the oppressed


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

<a href=”http://www.amnesty.org”><img border=”0″ alt=”Support Amnesty International” title=”Support Amnesty International” src=”http://www.amnesty.org/images/banners/banner2-red/banner2-468×60-eng.jpg”/></a&gt;

 

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

Respected sir,

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

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

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –

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

UNION HOME SECRETARY , GOI , NEW DELHI –


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

DG&IG OF POLICE , GOK , BANGALORE –


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

MUDA COMMISSIONER , MUDA  , MYSORE –


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


BDA COMMISSIONER , BDA , BANGALORE –


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

BDA COMMISSIONER ,CRIMES OF BDA

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

MUDA COMMISSIONER ,CRIMES OF MUDA

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

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –

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

HONOURABLE JUDGE OF THE RESPECTIVE COURT –

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

CONCERNED PUBLIC SERVANTS –

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

UNION HOME MINISTER GOI  –

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

HONOURABLE CHIEF JUSTICE OF INDIA  –

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED  POLICE & PUBLIC SERVANTS –

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED POLICE OFFICIALS –

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

CONCERNED POLICE OFFICIALS –

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

CONCERNED POLICE OFFICIALS –

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

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA  –

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

HONOURABLE CHIEF JUSTICE OF INDIA

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

HONOURABLE CHIEF JUSTICE OF INDIA

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

CONCERNED  JUDGES OF INDIA

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

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

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED VVIPs –

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

labour commissioner , gok

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

UNION FINANCE MINISTER , GOVERNMENT OF INDIA –

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

UNION FINANCE MINISTER , GOI –

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

UNION FINANCE MINISTER , GOI –

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

UNION FINANCE MINISTER , GOI –

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


CONCERNED POLICE OFFICIALS & PUBLIC SERVANTS –

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

BDA COMMISSIONER , BANGALORE

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

CONCERNED PUBLIC SERVANTS –

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

CONCERNED CBI OFFICIALS –

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

CONCERNED OFFICIALS OF FOOD & DRUG ADMINISTRATION –

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

GOVERNOR , RESERVE BANK OF INDIA & MANAGING DIRECTOR, BRBNMPL

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.rediffblogs.com/ ,

http://theftinrbi.wordpress.com/

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

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

Date : 27.09.2008                                                 Your’s sincerely,

Place : Mysore                                                      Nagaraj.M.R.

Raid  by  Karnataka lokayukta on police officials

seizure of crores worth illegal wealth

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

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

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

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

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

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

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

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

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

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

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

God save my country . jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

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

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

  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.

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

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

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

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIARY UNDER RTI PURVIEW

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

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

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

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

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

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

Let the TRUTH prevail. Jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

Judiciary under RTI Act, says parliamentary panel

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

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

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

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

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

Full Case details are given at following web page,

RTI APPEAL TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO UNION HOME SECRETARY , GOI , NEW DELHI

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO DG&IG OF POLICE , GOK , BANGALORE

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL BDA COMMISSIONER , MUDA , MYSORE

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

http://crimesatmudamysore.wordpress.com/ ,

RTI APPEAL TO BDA COMMISSIONER , BDA , BANGALORE

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

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

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIAL & LEGAL SYSTEM INDIRECTLY IN THE CLUTCHES OF MAFIA

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


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

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

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

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

Failure of RTI Act in India

In the clutches of corrupt public servants mafia

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

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

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

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

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

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

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

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

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

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

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

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

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

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August 16, 2017

JAIL Dipak Mishra

Filed under: dalit human rights — Nagaraja M R @ 6:30 pm

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.33… . 23  / 08 / 2017

 

Editorial :  Dipak  Mishra  Unfit  Judge?  Don’t elevate him as CJI ,  JAIL  him

–          An Appeal to H.E.Honourable President of India

  

 Justice  Dipak  Mishra  has a criminal past of fraud , cheating the authorities   to get land allotment. He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla – Sahara ,  lake , forest , revenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Allthrough Union Government and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don’t  dance to the  tune of corrupt  higher judges , corrupt ministers  , don’t get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Hereby , I  appeal  to  you , to legally prosecute  CJI  Khehar,  shadow CJI  Dipak Mishra  and  Ex President of India Pranab Mukherjee for their crimes.  If CJI cann’t give justice , let him  give  an affidavit in writing stating that  “ Inspite  of receiving lakhs of rupees salary , perks from public exchequer  for decades we are unfit for public service , we  only serve , rich & mighty “.

  Afterwards ,  kill me sufferer of Injustices  with your due permission  for mercy killing.  In such a scenario , I wish to  get killed  by  gun shots fired by Indian Army Soldiers. Our  soldiers are the  true guardians of our motherland NOT the Judges or Police or Politicians.

 

Refer  Appeals for Justice (with referenca numbers)   sent to :

H.E.Honourable President o India –   PRSEC/E/2017/11027 

Honourable Prime Minister of India  –  PMOPG/E/2017/0448309

Honourable Secretary General / Registrar – , Supreme Court of India  –  DEPOJ/E/2017/03769

Honourable Union Minister for Law & Justice – DLGLA/E/2017/01261

Honourable Union Minister for Home Affairs  ­- MINHA/E/2017/06329

 

Thanking you ,

Nagaraja Mysuru  Raghupathi

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 

PIL –   JAIL  Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

 

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime. 

Justice  Dipak  Mishra  has a criminal past of fraud ,  cheating the authorities   to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla – Sahara ,  lake , forest , rvenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Althrough Union Governmant and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don’t  dance to the  tune of corrupt  higher judges , corrupt ministers  , don’t get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?

 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ?  Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar ,  Supreme Court Judge Dipak Mishra , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

 a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , in the case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of  Birla Sahara Scam ,  Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d. Till investigation is over , hold the promotion of Dipak Mishra  to the post of Chief Justice of India.

e . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated 12th    August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

 

A  cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra’s path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn’t own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people,” Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor,” he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

×

“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar‘s blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra – writing the judgement – had then held that “the national anthem has been sung as if it is a song of advertisement for a commercial purpose” and banned the film’s screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

-judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI’s notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge’s name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment — the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

·         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

·         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land.

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless.

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013.

“The link and presumption is not unfounded,” Justice Das said by phone from Cuttack.  “In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice.”

Justice Misra’s office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts.

“The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations,” the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017. 

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President’s office declined to comment on the matter.

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected.

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report.

“The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land,” Justice Das said. “There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court.

“Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment,” Das said. “Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn’t declare his interest to the SC collegium.”

People close to Misra debunked this allegation as a disgruntled grouse. “These are someone’s grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas,” they said.

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had “serious reservations” about appointing Justice Das as chief justice of the Punjab & Haryana High Court.

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation’s top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018.

“It may not have been brought to the notice of the collegium, but I don’t have any records,” Justice Das said.

“This is something very serious and was not brought to the notice of the collegium. There was no IB report also,” said a legal luminary who asked not to be identified. “The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur.”

“Justice Misra is known for his credibility and integrity,” the people close to him said. “Do you think it is possible that the facts weren’t brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn’t know about it?” 

 

 

Probe  CJI  for  Kalikho Pul’s suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul‘s `suicide’ note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be “seriously investigated by a credible investigation team”, a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page ‘suicide note’ of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned “Mere Vichar”, of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that ‘Mere Vichar’ was actually his suicide note, Dangwimsai told the vice-president: “Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government.”

 


Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai’s memorandum said, “It was to protect the independence of the judiciary that the SC in Veeraswami’s case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India.” It further said, “The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority .”

 


The letter said, “Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami’s judgment.”

 

 

PIL –   Prosecute  Chief  Justice  of  India  & Former President of India

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

 

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , President Mukherjee & others in the crime. 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ? 

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

 a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , in the case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated : 05th  August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai’s counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar’s behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai’s letter cited the SC’s 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, “If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court.”

Dangwimsai’s letter had said, “I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request.”

Dave raised a series of questions and levelled many allegations. “Why was Dangwimsai’s letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI’s son?” Dave asked.

“We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case,” Dave urged the bench of Justices Goel and Lalit.


Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 


“This letter brings forth a more serious issue than the one raised by Calcutta HC’s Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?” Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, “You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself.” Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 


“We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed,” Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

 

 

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxenawho was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

–       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni 

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman’s boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge’s Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

 

     The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

   In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

     Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

    In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

   Hereby , we  demand Honourable Supreme Court of India :

1.       To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.

2.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

Give Justice , If Incapable Give Mercy Death

 

As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Read full case details at :

Mercy  Death  Plea  to  Honourable  Chief  Justice  of  India

http://e-voiceofhumanrightswatch.blogspot.in/2015/09/mercy-death-plea-to-honourable-cji.html    ,

Sign  petition at   https://www.change.org/p/honourable-chief-justice-of-india-give-justice-if-incapable-give-mercy-death

 

 

Editorial : MERCY DEATH PLEA to Honourable Chief Justice of India

– JUDGES , POLICE & Brokers of Justice

Honourable sir ,

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Jai Hind. Vande Mataram.

Your’s

Nagaraja Mysore Raghupathi

 

 

PIL – Mercy Death Plea to Honourable Chief Justice of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Justice of India , Supreme Court of India & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

2. Question(s) of Law:

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

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

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

i. To legally prosecute persons responsible for attempts on my life.

j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.

K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.

l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.

o. To admit all PILs filed by me in larger public interest.

p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.

q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.

r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.

s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .

t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India………………………………PETITIONER-IN-PERSON 

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.03.2017……………                your’s sincerely,
Place : Mysore , India…………………   Nagaraja  Mysuru Raghupathi

 

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

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

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Nationality : INDIAN

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

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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

 Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective. 

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

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

date :  09 .08 .2017…………………………..Your’s sincerely,

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

 

 

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August 10, 2017

Jail Chief Justice or Kill…

Filed under: dalit human rights — Nagaraja M R @ 7:45 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.32… . 16  / 08 / 2017

 

 

 

Editorial :  Jail  CJI  or  Kill  sufferer of Injustices

–          An Appeal to H.E.Honourable President of India

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me.

   Hereby , I  appeal  to legally prosecute  CJI  Khehar,  shadow CJI  Dipak Mishra  and  Ex President of India Pranab Mukherjee for their crimes.  If CJI cann’t give justice , let him  give  an affidavit in writing stating that  “ Inspite  of receiving lakhs of rupees salary , perks from public exchequer  for decades we are unfit for public service , we  only serve , rich & mighty “.

  Afterwards ,  kill me sufferer of Injustices  with your due permission  for mercy killing.  In such a scenario , I wish to  get killed  by  gun shots fired by Indian Army Soldiers. Our  soldiers are the  true guardians of our motherland NOT the Judges or Police or Politicians.

 

Thanking you ,

Nagaraja Mysuru  Raghupathi

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

Probe  CJI  for  Kalikho Pul’s suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul‘s `suicide’ note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be “seriously investigated by a credible investigation team”, a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page ‘suicide note’ of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned “Mere Vichar”, of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that ‘Mere Vichar’ was actually his suicide note, Dangwimsai told the vice-president: “Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government.”

 
Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai’s memorandum said, “It was to protect the independence of the judiciary that the SC in Veeraswami’s case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India.” It further said, “The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority .”

 
The letter said, “Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami’s judgment.”

 

 

PIL –   Prosecute  Chief  Justice  of  India  & Former President of India

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

 

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , President Mukherjee & others in the crime.

 

2. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before  law ?

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , in the case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial  investigation team to investigate the team. The team must be accountable to the public.

d . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated : 05th  August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai’s counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar’s behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai’s letter cited the SC’s 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, “If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court.”

Dangwimsai’s letter had said, “I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request.”

Dave raised a series of questions and levelled many allegations. “Why was Dangwimsai’s letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI’s son?” Dave asked.

“We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case,” Dave urged the bench of Justices Goel and Lalit.
Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 
“This letter brings forth a more serious issue than the one raised by Calcutta HC’s Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?” Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, “You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself.” Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 
“We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed,” Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

-judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI’s notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge’s name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment — the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land.

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless.

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013.

“The link and presumption is not unfounded,” Justice Das said by phone from Cuttack.  “In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice.”

Justice Misra’s office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts.

“The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations,” the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017.

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President’s office declined to comment on the matter.

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected.

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report.

“The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land,” Justice Das said. “There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court.

“Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment,” Das said. “Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn’t declare his interest to the SC collegium.”

People close to Misra debunked this allegation as a disgruntled grouse. “These are someone’s grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas,” they said.

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had “serious reservations” about appointing Justice Das as chief justice of the Punjab & Haryana High Court.

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation’s top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018.

“It may not have been brought to the notice of the collegium, but I don’t have any records,” Justice Das said.

“This is something very serious and was not brought to the notice of the collegium. There was no IB report also,” said a legal luminary who asked not to be identified. “The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur.”

“Justice Misra is known for his credibility and integrity,” the people close to him said. “Do you think it is possible that the facts weren’t brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn’t know about it?”

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxenawho was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

 

A  cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra’s path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn’t own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people,” Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor,” he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

×

“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar‘s blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra – writing the judgement – had then held that “the national anthem has been sung as if it is a song of advertisement for a commercial purpose” and banned the film’s screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

–       An  Appeal  to Honourable Chief Justice of India

 

Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman’s boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge’s Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

 

The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

Hereby , we  demand Honourable Supreme Court of India :

1.       To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.

2.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

Give Justice , If Incapable Give Mercy Death

 

As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Read full case details at :

Mercy  Death  Plea  to  Honourable  Chief  Justice  of  India

http://e-voiceofhumanrightswatch.blogspot.in/2015/09/mercy-death-plea-to-honourable-cji.html    ,

Sign  petition at   https://www.change.org/p/honourable-chief-justice-of-india-give-justice-if-incapable-give-mercy-death

 

 

Editorial : MERCY DEATH PLEA to Honourable Chief Justice of India

– JUDGES , POLICE & Brokers of Justice

Honourable sir ,

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Jai Hind. Vande Mataram.

Your’s

Nagaraja Mysore Raghupathi

 

 

PIL – Mercy Death Plea to Honourable Chief Justice of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Justice of India , Supreme Court of India & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

2. Question(s) of Law:

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application – still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

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

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

i. To legally prosecute persons responsible for attempts on my life.

j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.

K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.

l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.

o. To admit all PILs filed by me in larger public interest.

p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.

q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.

r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.

s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .

t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India………………………………PETITIONER-IN-PERSON

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.03.2017……………                your’s sincerely,
Place : Mysore , India…………………   Nagaraja  Mysuru Raghupathi

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

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

Old  Professional / Trade Title : S.O.S – e – Clarion Of Dalit

New   Professional / Trade Title :  Dalit’s  Diary

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

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

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

Owner/Editor/Printer/Publisher : NAGARAJA.M.R.

Nationality : INDIAN

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

Eye Donation : Both EYES of Nagaraja M R , Editor ,  Dalit’s  Diary  are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

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

date :  09 .08 .2017…………………………..Your’s sincerely,

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

 

 

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

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August 2, 2017

Surrendered Judges

Filed under: dalit human rights — Nagaraja M R @ 6:08 pm

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.31… . 09  / 08 / 2017

 

`’Surrendered’  Maoists   Tried  By  `Surrendered Judges’

in Human Rights — by Sumanta Banerjee — July 12, 2017

podiyam_ponda

Nandini  Sundar’s  case  study  of  Podiyam  Panda’s plight  as  a  victim  of  the  police  plot  to  show  him  off  to  the  press  as  a  surrendered  Maoist’  (re: Questionable  legality  of  the  Surrender  Process  in Chhattisgarh’  in  the  Counter-currents website  of  May  23,  2017),  not  only  re-iterates  the  well-established  notorious role  of  the  Indian  police  in  framing  innocent  people,  but  also  throws  light  on  the   role  of  the  judiciary,  which  unwittingly,  indirectly,  or  purposefully,  often  collaborates  with  the  police .  If  we  look  at  the  historical  record  of  some  of  the  verdicts    rendered  by  judges,  both  at  the  district  and  state  levels,  as  well  as  at  the  apex  court,  over  the  last  several  decades,   we  find  a  continuity  of  sorts.  Indian judges  by  and  large,  have  sacrificed  their  professional  obligation  to  deliver  justice  to  the poor   victims,   by  acquitting their  oppressors through  judgments  that  reflect  their    caste  and  class-oriented biases,  and  also  their  subservience  to  the  ruling  powers.

The  most  scandalous  example  of  the  Indian  judiciary’s   bias  in favour  of  the  upper-caste  and  upper-class,  was  the judgment  delivered  by  the  Madras  High  Court  in  1973 ,  when  it  acquitted  all  the  twenty odd  upper  caste  people  who  were  accused  of  burning  to  death  some  forty  two  Dalits,  including  women  and  children,  in  their  huts  in  Kilvenmani  in  Tamilnadu  in  December,  1968.  While  acquitting  them,  the  honourable  (?)  judges  said:  “The  rich  landlords  could  not  be  expected  to  commit  such  crimes…it  was  difficult  to  believe  that  they  would  walk  bodily  to  the  scene  and  set  fire  to the  houses…”  Since  then,  a  large  number  of  the  judgments  delivered,  whether  from  the  lower  courts  or  at  the  apex  level,  have  reflected  a similar  bias  in  favour  of  the  privileged  classes  and  the  majoritarian  Hindu  beliefs and  customs on  the  one  hand,  and  prejudices  against  members  of  the poorer  classes  who  dare  to  protest  against  oppression, and  Muslim  minorities (who  suffer  from  discrimination) on  the  other.

In  October,  2013,  a  division  bench  of  the  Patna  High  Court  acquitted  all  the  twenty  seven  upper  caste  Bhumihar  landlords  of  the  Ranvir  Sena,  who  massacred  fifty  eight  Dalits  in Laxmanpur-Bathanitola  in  Bihar  in  1997  –  even  after  they  were  convicted  by  the  sessions  court  in   2010.  Rejecting  their  conviction,   the  division  bench  consisting  of  Justices  V.N.  Sinha  and  A.K. Lal   ruled  that  the  witnesses  (to  the  massacre,   mainly  coming  from  the  neighbouring  Dalit community)  who  were  produced  by  the  prosecution  were  “not  reliable,”  and  hence the  appellants  (the  Bhumihar  landlords  who  had  approached  the  high  court  against  their  conviction)   `deserved  to  be  given  the benefit  of  the  doubt.’  Following  this  judgment,  the killers  were  soon  released  –  and  for  all  that  you  know,  they  are  now  on  the  rampage  against  Dalits  in  their  fiefdom  in  Laxmanpur-Bathanitola.  I  wish  a  reporter  visits  those  villages  today  to  find  out  how  the  survivors  of  the  1997  massacre  protect  themselves  from  the  possible  reprisal  by  the  released  Bhumihar  landlords.

 

Take  another  case  of  religious bias  of  the  judiciary.    In  2015,  a  Pune  engineer  Mohsin  Sheikh  was  killed  by  members  of  the  Hindu  Rashtra  Sena.  Seventeen  of  them  were  arrested.  The  Bombay  High  Court  granted  bail  to  three  of  them on  the  basis  of  a  peculiarly  contrived  argument:  “The  applicants  (accused)  had  no  other  motive  such as  any  personal  enmity against  the  innocent  deceased  Mohsin.  The  fault  of  the  deceased  was  only  that  he  belonged  to  another  religion.”  The  judge  then added:  “I  consider  this  factor  in  favour  of the  applicants/accused.  Moreover,  the applicants/accused  have  no  criminal  record  and  it  appears  that  in  the  name  of  the  religion, they  were provoked  and  have  committed  the  murder.”  (Re:  Aloke  Prasanna  Kumar’s  article  in  The  Wire,  16/01/2017).  Should  a  judge  who  pardons  murder  in  the  name  of  religion  be  allowed  to  function ?  Do  not  such  judges  defile  the  institution  of  judiciary ?

The  Indian  judiciary’s  selective  evaluation  of  offences

While  acquitting  the  upper  caste  and  upper  class murderers  of  the  downtrodden  agricultural  labourers  and  dalits,  members  of  the  Indian  judiciary  had  chosen  to  sentence  to  imprisonment  –  and  even  death –    those  who  come  from  the  depressed  and  religious  minorities  who  dare  to  assert  their  rights  or  protest  against  atrocities  of  the  state.   Some  of  these  judgments,  delivered  at  various  levels,  can  be  described  as  gradations  of  offences  according  to  the   predilections  and  prejudices  of  the  individual    judge,  or  the  bench  –  whether  political  or  religious, or  purely  from  nationalistic  impulses  (like  `my  country,  right  or  wrong’.)

One  of  the  worst  stains  on  our  judiciary  that  has been  left  by   such    predilection  of  judges,   was  the  Supreme  Court’s  judgment  sentencing   Afzal  Guru  to  death.  He   was  implicated in  the  attack  on  Indian  Parliament  on  December  31,  2001.  The  attack  exposed  the  failure  of  the   Indian  government’s  intelligence  agencies  and  security  forces  to  protect  Parliament.  Unable  to   trace  and  punish  the  main  culprits  (who  were  operating  from  Pakistan),  these  agencies needed  a  scapegoat –  and  the  easily  available  one  was  Afzal  Guru,  a  Kashmiri  separatist.  Despite  gaping  holes  in  the  long  drawn  out  case  against  Guru,  after  more  than  a  decade,  the  Supreme  Court  passed  the  death  sentence  on  him  on  the  ground:  “…collective  conscience  of  the (sic.)  society  will  only  be  satisfied  if  the  capital  punishment is  awarded  to  the  offender.”  How  could  the  honourable  judges  define  collective  conscience’ ?  Did  they  seek  a  popular  verdict  through   a  referendum,  to  test  whether  the  entire collective’  was  in  favour  of  the  death  sentence ?  In  fact,  during  all  those  years  of  the  hearing  of  the  case,  large  sections  of  the  collective’,  including  not  only  citizens  of  Kashmir  where  Afzal  Guru  was  born,  but  human  rights  groups and  lawyers  gathered  from all  over  India,  to  defend  a  young  man  who  was  held  guilty  by  association  only.  Shamefully,  even  President  Pranab  Mukherjee  - the  much-trumpeted  erudite  ex-professor -  acted  like  a  rubber  stamp  of  the  government  and  the  judiciary   by   rejecting Afzal  Guru’s  mercy  plea. Yet,  he  could  have  exercised  his  discretionary  powers  which  he  enjoys  under  the  Constitution,  to  save  the  life  of  a  young  man.  I  wonder,  whether  on  the  eve  of  his  retirement  from  presidentship,  does  he  suffer  from  pangs  of  his individual  conscience’ ?   Or,  has  he  sacrificed  it  for  the  so-called  `collective  conscience’  as  defined  by  a  judiciary,  that  seems  to  be   swayed  by  the  hyper-nationalist rhetoric  of  the  Indian  state.

The  latest  example  of  judicial  terrorism – if  I  may  be  allowed  to  use  that  term  even  if  inviting  the  charge  of  contempt  of  court’  -  is  the  judgment  delivered  by  the  Principal  District  and  Sessions Judge,  S.S. Shinde in  the  district  court  in  Gadchiroli, in  March  2017,  against  the  wheel-chair  bound  Delhi  University  professor  G.N. Saibaba,  accusing  him  of aiding  and  abetting  Naxalite  activities’.  Widely  well-respected  by  his  students  and  colleagues,  he  has  been  sentenced  to  life-imprisonment. The following  words  of  the judgment  expose  the  inhuman  and  vindictive  psyche  of  the  judge  who sentenced  him :   “Merely  because  Saibaba  is  90 percent disabled  is  no  ground  to  show  him leniency… he  is  physically  handicapped  but  he  is  mentally  fit,  a  thinktank and  a  high-profile  leader  of  banned  organizations.”

Judges  –  torn  between  conscience  and  rules

But   there  are  other  judges  who  want  to  stick  to  the  rules,  and    yet  fail  to  deliver  justice.  While  acquitting the  accused  (of  crimes  like  communal  and  casteist  offences),  they  usually  take  the  plea  that  the  prosecution  had  not  provided  enough  evidence’  to  convict  the  accused.  This  is  a  legalese  that  ignores  the  behind-the-scenes  operations  that  take  place  in  the  usually  long-drawn out  cases.  In  such  secret  operations,   the  accused  from  the  upper  class  and  upper  caste groups (involved  in class  and  caste  based  killings),  and  from  the  majority  Hindu community (accused  of  massacring  Muslims),    threaten  the  witnesses  for  the  prosecution  to  withdraw  their  complaints,  and  they  are  made  to  turn hostile’  (another  legalese).   Witnesses in India are seldom left to themselves. They are tutored, bribed or threatened either by the police to build up their prosecution cases, or by the defence to support their efforts to get the accused free. The common citizen  who had been unfortunate enough to  be hauled up as a witness in a court case had always been a victim of this cross-fire. Flip-flops in their statements had thus been a part of   Indian judicial proceedings for years – which had led to the acquittal of the guilty or the sentencing of the innocent.

The  role  of   Zaheera Sheikh  (who  reneged  on  her  earlier  testimony  in  the  Best  Bakery  case  during the  2002  Gujarat  killings)  puts the crisis in a sharp focus.  Human rights activists who were initially enthused over her courage to give testimony against the guilty were soon dismayed by her volte face. They speculate now over a misty web of various possibilities that could have brought about the change  – a combination of threats and bribes by the BJP patrons of those accused of the Best Bakery carnage;  pressures from her family in view of the financial benefits accruing  to them if she reneged on her testimony; her seduction by the comforts of expensive hotels and guest houses – the first time in the life of a young daughter of a poor baker. She was put up here by the Gujarat police when they discovered that her retraction in the role of a hostile witness’ in the court was the best clean chit that they could ever get to cover up their abetment in the killings at Best Bakery. Thus,  powerful  interests  can  bribe  the  police  to   dilute  the  chargesheets  against  them  by  inducing  them  to  leave  out  the  vital  eye-witnesses  of  their  crimes,  or  turning  these  witnesses   into hostile.’   This  allows  the  judges  to  complain  that  the  prosecution  has  not  provided  `enough  evidence.’  But  the  judges  can surely  suo  motu  intervene  by  appointing  an  amicus  curiae  to  investigate  into  such  cases  to  bring  out  the  truth.

The  other  plea  given  by  the  judges  is  that  their  hands  are  tied  by  the  provisions  of  the  various  criminal  laws  that  they  have  to  adhere  to  when  passing judgments. A  typical  example  is  the  death                                                  sentence  passed  on  the  two  famous  Naxalite  peasant  revolutionaries  –  Krista  Gowd and  Bhoomaiah  –  by  no  less  a  person  than  the then  Supreme  Court  judge  V.R. Krishna  Iyer on  October 3,  1975 .  Although  he  emerged  as  a  champion  of  human  rights  in  the  post-Emergency  period, Krishna  Iyer   signed  the  death  sentence  of  these  two  revolutionaries  during  the  Emergency  on  two  grounds  mainly.  First,  “…Assuming  that  (their)  offences are  political  offences,  under  the  Indian  Penal,  murder is  murder and  judges   cannot  rewrite  the  law  whatever  their  views  on  death  sentence,  as  citizens  may  be,  and  interfere  where  they  have  no  jurisdiction.”

 

The  second  ground   was  that  the  Supreme  Court  did  not  have  the  power  to  have  a  judicial  review  of  the  executive  powers  of  the   President under  Article  72  of  the  Indian  Constitution,  which  authorized  the  President  to  reject  mercy  petitions,  and  sentence  the  applicants  to  death (under  sub-clause  ©) .  The  then  President, Fakhruddin  Ali  Ahmed,  had  earlier rejected  the  mercy  petition  of  the  two  Naxalite  leaders. While  passing  the  death  sentence,  Justice  Krishna  Iyer  stated:  “ We…cannot  find  out  way  to  interfere  with  what  the  President  has  done.”  But  Justice  Iyer  could  have  drawn  the  attention  of  the  Governor  of  the  then  Andhra  Pradesh state  (under  the jurisprudence  of  which  Kista  Gowd  and  Bhoomaiyah  were  on  the  death  row  at  Mushirabad  jail  in  Hyderabad at  that  time)  to  another  clause  of  the  same  Article  72.  Clause  3  of  that  Article  says:  “Nothing  in  sub-clause © shall  affect the  power  to  suspend,  remit  or  commute  a  sentence  excercisable by  the  Governor of  a  State  under  any  law  for  the  time  being in  force.”  But Justice  Iyer,  for  some  reason  or  other,  did not  use  this  last  discretionary  power  left  to him,  to  throw the  ball  to  the  court  of  the  then  Governor  of  Andhra  Pradesh  –  at  least  in  a  final  bid  to  save  the  lives  of  these  two  peasant  revolutionaries.

The  twin  `holy  cows’  –  judiciary  and  the  President

The  judiciary  and  the  President  in  India   increasingly appear  to  take  on  the  role  of  holy  cows’ -  claiming  to  be  sacrosanct  and  beyond  any  questioning.  The  former,  at  the  drop  of  a hat,  hauls  up  dissidents  who  challenge  their  verdicts,  on  the  charge  of contempt  of  court,’  (e.g.  Arundhati  Roy’s  case),  or  on  the  graver  charge  of  `sedition’  (a  colonial term,  still  retained  in  our  penal code,  shamefully  by  an  Independent India),  aimed  mainly  at  those  who  raise  legitimate  questions  about  the  Indian  state’s  policies  towards  disgruntled  nationalities  like  Kashmiris,  Manipuris and  ethnic-based  movements.   It  is  a  long  haul  for  those  accused  of  these  charges, to  get  acquitted.

In  extreme  cases,  when  the  judiciary  condemns  these people   to  death,  their  last  resort  is  the President  to  whom  they  can  send  mercy  petitions.  But  the  President –  being  elevated  to  the  position  of  another  holy  cow’,  under  the  Constitution  -  had  usually  been  a hoof-stamp’ (a  la ` rubber  stamp’) President.  Just  like  Fakhruddin  Ali  Ahmed,  who  stamped  his  hoof  rejecting  the  mercy  petitions  of    Bhoomaiyah  and  Kishta  Gowd,  allowing  them  to  be  hanged,   his  successor  Pranab Mukherjee  similarly  signed  with  his  hoof  the  rejection  of   the mercy  petition  of  Afzal  Guru – without  considering   the  legal  controversies  surrounding  allegations  about  his  involvement  in  the  Parliament  attack.

From  the  brief  historical  account  narrated  above,   it  should  be  evident  to  conscientious  readers  that  the   Indian  judicial  system had  been  dominated  for  years  by  judges  (and  lawyers  too)  who     had  been  quite  brazen  in  expressing  their  biases  against  dalits, tribals,  Muslims and  political  dissidents  like  sympathizers  of  the  Maoist  rebels  (e.g.  Professor  J. N. Saibaba).  For  most  of  the  common Indian   citizens  who  are  fighting  for  justice,  or  simply  asserting  their  rights –  whether  the  tribal  villagers  of  Bastar  and  Jharkhand,  or  oppressed dalits  in  other  parts  of  the  country,  or  workers  retrenched  from  factories,  or  even  non-partisan Muslim  students (accused  by  the  police  on  false  charges, who spend years  in  jail  before  being  acquitted  by  some  discerning  judge  at  the  higher  court)  –  it  is  impossible  to  gain  justice  through  the  expensively   steep  hierarchical  staircase  of  the  judicial  system. While  a  few  are  lucky  to  climb  up  (with  the  help  of  lawyers)  to  reach  the  step  that  allows  them  acquittal,  the  majority  remain imprisoned  for  years  in  jails  all  over  India,  as  under  trial prisoners. Do  we  have  to  wait  for  another  Bastille , to  rescue  these  innocent  poor  from  the  jails,  and  to  sing  with  Joan  Baez:  “Raise  the prisons to  the  ground”  ?

Editorial :  Biased Judges of India

Read   details at following web sites.

Judges  Connive  with  VIP  Prisoners

https://sites.google.com/site/indiansdiary/judges-connive-with-vip-prisoners ,

https://sites.google.com/site/indiansdiary/5-star-jails-judges ,

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police   ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

SHAME  SHAME  JUDGEs  –  Atrocities against  DALITs  by  Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges  ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

 

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice ,

 

Judicial  Tyranny

https://sites.google.com/site/dalitsdiary/judicial-tyranny ,

 

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

 cell : 91 8970318202        

home page:   

http://eclarionofdalit.dalitonline.in/  ,

https://in.groups.yahoo.com/neo/groups/dalitsdiary/ ,

https://sites.google.com/site/dalitsdiary/ ,

https://groups.google.com/forum/#!forum/dalits–diary ,

https://dalitsdiary.blogspot.in/ ,

https://eclarionofdalit.wordpress.com/ ,

http://thecitizens.torpress2sarn7xw.onion/ ,

 

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

Secure  Mail :  Naag@torbox3uiot6wchz.onion ,

 

 

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.31… . 09  / 08 / 2017

 

Editorial :  Biased Judges of India

Read   details at following web sites.

Judges  Connive  with  VIP  Prisoners

https://sites.google.com/site/indiansdiary/judges-connive-with-vip-prisoners ,

https://sites.google.com/site/indiansdiary/5-star-jails-judges ,

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police   ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

SHAME  SHAME  JUDGEs  –  Atrocities against  DALITs  by  Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges  ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

 

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice ,

 

Judicial  Tyranny

https://sites.google.com/site/dalitsdiary/judicial-tyranny ,

 

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

 cell : 91 8970318202        

home page:   

http://eclarionofdalit.dalitonline.in/  ,

https://in.groups.yahoo.com/neo/groups/dalitsdiary/ ,

https://sites.google.com/site/dalitsdiary/ ,

https://groups.google.com/forum/#!forum/dalits–diary ,

https://dalitsdiary.blogspot.in/ ,

https://eclarionofdalit.wordpress.com/ ,

http://thecitizens.torpress2sarn7xw.onion/ ,

 

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

Secure  Mail :  Naag@torbox3uiot6wchz.onion ,

 

July 25, 2017

Jail Tyrant Judges

Filed under: dalit human rights — Nagaraja M R @ 5:36 pm

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Editor: NAGARAJA.M.R… VOL.11 issue.30… . 02  / 08 / 2017


The Tyranny Of The Judiciary: Who Judges The Judges?

 by  Daniel Korang                                

 



‘… to consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps… their judicial power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control.’ Thomas Jefferson

Introduction

The question who judges the judges? evokes serious philosophical concerns as does the question who determines the justness of God’s dealings with mankind. Judges are only legally trained, and not divinely ordained as infallible humans.

They do not draw inspiration from some unseen super spirit in forming judicial decisions; their decisions represent their personal understanding of law and situations. Judges all belong to political parties. Yes, they have passions for party, for power and compliments from their fellow men. Indeed all the judges we have and know of exercise their franchise in general elections. They have political, moral, cultural and religious preferences.

They have personal whims, caprices, proclivities, idiosyncrasies, quirks, eccentricity and suchlike tendencies. Their fallibilities, frailties, imperfections and weaknesses oftentimes animate their verdicts.

Whether or not inherited from Adam, the sin of judicial self-indulgence or self-celebration is a perpetual temptation. Judicial self-restraint is a perpetual challenge. And perfection is an unattainable goal. The primary constraint on the tendency toward that evil of those who sit in judgment on others is the moral constraint imposed by the professional community to which they belong. Whatever its source, the proclivity for bias and general evil is real and a universal problem for judges and those who judge judges.

The primary function of the judiciary is to manifest the virtue of disinterest to those required to accept a judicial decision. The disinterest of the judiciary has been made increasingly difficult in our time by the movement away from legal formalism to the legal realism that commissions judges to pay heed to the social consequences of their judgments.

But the more heed judges are expected to pay to the social consequences of their decisions, the harder it is for them to lay aside their personal preferences or the interests of their friends and allies. This explains why the verdict of the courts in Ghana can, in some cases, be suitably and comfortably classified as a political memoir.

At best, Judges can only be presumed to be men who are squarely fit to administer justice and settle the differences and cases that roil our lives. This is a mere presumption. No human judge is perfect or infallible. Being manned by men who are essentially amenable to the common and ordinary frailties of humans, the judiciary cannot be seen as or claim to be beyond human checks and controls. The humans who fill the seemingly uncontrolled judiciary are the same as those who fill other state institutions which are carefully controlled, limited and checked against possible excesses and abuses.

The Judiciary: The God That Be?
The judiciary seems to be an organ of government that is exalted above every other organ of government. The authors of the constitution have made the judges independent, in the fullest sense of the word. There is no power above them, to control any of their decisions. There is no authority that can remove them; they alone determine when they must be removed for whatever reason(s) and they cannot be controlled by the laws of the legislature.

Indeed the law is said to lie in their bosom. The world owes it to Justice Oliver W. Holmes that: ‘The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.’This observation has received a well-nigh unanimous acceptation by legal scholars, and if it is correct, then the judiciary ought to be reasonably checked in order to ensure that the reason for its existence may not be prejudiced and jeopardized. Montesquieu put it most strongly: ‘Of the three powers above-mentioned, the judiciary is in some measure next to nothing.’

In short, the judiciary, in the exercise of its judicial functions, is independent of the people, of the legislature, the executive and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself.

The overzealousness of the draftsmen of the 1992 Constitution to give absolute independence and lack of accountability to the judiciary under our current constitutional arrangement is perhaps a brainchild of careful reflection of the trajectories of our history as a people. In time past, under some military juntas, judges held their places at the will and pleasure of the juntas, on whom the judges depended not only for their offices, but also for their salaries; they were subject to every undue influence.

If the junta wished to carry a favorite point, the accomplishment of which needed the aid of the courts of law, the pleasure of the junta would be signified to the judges. And it required the spirit of a martyr for the judges to determine a case contrary to the junta’s will. They were absolutely dependent upon him both for their offices and livings. Do you remember the three judges who were murdered in cold blood for upholding the law? This is our history.

In our collective zeal to tidy up our minds, consign every memory of our gloomy past to the trash can and make it practically impossible for the resurgence of military rule with its attendant molestation of judges, we, under the 1992 Constitution have exalted the judiciary above every other organ of government with practically no or little accountability.

The language of article 127 of the constitution makes the judiciary absolutely independent of any person(s), state institutions or authority in terms of both judicial and administrative functions, finances etc. The only limitation – a seemingly vague one, of course – is that the judiciary is subject to the constitution itself. This is no limitation, properly so-called, as the constitution itself has no meaning independent of the viewpoints of judges. Beyond this formless and amorphous limitation, one reads the entire constitution in vain in one’s voyage to discover practical constitutional controls and limits of the power of the judiciary.

The absolute lack of check(s) or controls of the judiciary under our present constitutional arrangement has the tendency of plunging the judiciary into the arena of judicial absolutism, tyranny and activism, a situation which is much abhorred even in the worst monarchical governments.

Limitless Tenure of Judges
One aspect of the judiciary is that judges have no fixed term of office. They hold office till they retire or die or are removed from office. This situation gives a lot of people goose pimples. An eloquent statement of the problem published in 1848 is that of Frederick Grimké, a Justice of the Ohio Supreme Court: ‘If it is not wise to confer a permanent tenure of office upon the executive and legislative,’ he concluded, ‘it should not be conferred upon the judiciary; and the more so, because the legislative functions which the last perform is a fact entirely hidden from the great majority of the community.’

In 1823, the ageing Thomas Jefferson stated in his Letter to A. Coray, October 31, 1823 that:

‘At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.’

On March 9, 1821, Thomas Jefferson also stated in a Letter to Judge Spencer Roane that: ‘The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them.’

The life tenure of judges has been criticised by many scolars and ordinary Ghanaians. But I have always asked myself, is there any better arrangement? Must judges have a fixed term of office? If yes, how long?

The Courts as Political Agencies
Although we profess to be a democracy, our judges have, at times, expressed themselves in a manner that smacks of an abiding faithfulness to one political party or the other. In purely political cases, one easily sees that the difference between the majority view and the minority view is primarily actuated by the political affiliation of individual judges sitting on the case. It is interesting to note that every one judge in Ghana, like any ordinary Ghanaian, exercises a his or her franchise.

Every judge votes, signifying that judges are not politically neutral persons as we presume them to be. We can, at best, hope that judges will value the public confidence reposed in them to do justice and uphold fidelity of law. It is sad and regrettable that judges make their political stance so plainly conspicuous that their choice of words in their judgment merely betrays them as the exalted alter egos of the government that appointed them.

Our system of government makes appointment of judges the prerogative of the president. This brings about a situation where party apparatchiks with legal background are appointed by the president as judges to fill the courts. When judges are appointed by the President, they, as people argue, feel obliged to use their office to champion the policies, political whims and caprices of the appointing president. Certain decisions in our law reports portray the ugly situation where a particular government used the court as a fiat to carry out political vengeance on some members of the opposition.

In fact, the court has become a tool for effecting witch-hunting and punishing dissenting members of the polity. What accounts for this major problem in our national life? Is the problem the mode of appointment of judges? Is the problem merely one of personal failings of the judges? Are there better systems of government that fosters independence of the judiciary while making the courts as responsible and accountable as any other state organ? What do you suggest we do?

Objections to the court: How Made?
The judiciary of Ghana seems an institution of overwhelming monstrosity and mystery. Upon hearing of the court, the citizens are immediately put in a state of utter fright. When the courts sit, they appear very unfriendly and distant. The courts are free to pass any verdict at all without any fear of control or objection from anyone. Lawyers more frequently raise objections to their fellow lawyers to signify their dissensions. However, it is contemptuous for a lawyer to raise abjection to a proposition made by a judge, not even when such objection is prefaced by the soothing phrase, ‘with all due respect’. All that the law and practice permit a lawyer to do is to bow to the judge and say, ‘I am grateful, my Lord’, ‘As the Court pleases’, ‘Most grateful’ and suchlike phrases.

Who can question the court for what it does – parliament, the executive, the citizenry or who? Is the Supreme Court of Ghana too supreme for a good? If it is, what ought we to do?

The courts have the power to validate the invalid and invalidate the valid. What can’t the Supreme Court of Ghana do under the sun? Perhaps, what the Supreme Court cannot do is to order that a man be changed into a woman. The Supreme Court has the power not only to enforce the law, but to legislate at will. In fact, the life of the ordinary Ghanaian depends on the intelligence of the judiciary. The judiciary encourages and discourages actions of the masses.

What is happening in Ghana today confirms the fears and foreboding of Thomas Jefferson expressed in his Letter to John Wayles Eppes, in 1807 when he said: ‘The original error was in establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will.’

When a judgment of a court is unsatisfactory or considered bad, the law enjoins the dissatisfied party to appeal against the said verdict and perhaps go for a review. What happens when the final decision of the highest court is deemed palpably wrong and ill-motivated? What happens when the verdict of the court is deemed as politically motivated? Where else do we go? Who has the power or even right to hold the Supreme Court accountable? Is the Supreme Court always right?

We have instances where the Supreme Court has held that the Court of Appeal was wrong in its decisions. But is the Supreme Court itself always correct in its opinions.

In Korblah II Alias Tetteh And Another v. Odartei III [1980] GLR 932-945 the Court of Appeal in allowing an appeal from a High Court stated that ‘the learned judge clearly erred’. Republic v. Kumasi Traditional Council; Ex Parte Nana Kofi Dei [1973] 2 GLR 73 – 90the Court of Appeal held that, ‘Consequently, the High Court had erred in holding otherwise’.

I hope it may not surprise anyone to hear that the Supreme Court also, even by majority, errs in its decisions. In the famous case of Tsatsu Tsikata v. Attorney-General [26/06/2002] CIVIL MOTION NO. 11/2002 the Supreme Court, in overturning an earlier majority decision in a review application held thus: ‘The majority judgment omitted to consider and examine relevant constitutional provisions to which I have made reference and consequently erred in law in the conclusions it reached.’ It was also observed that, ‘The majority erred when they came to a contrary conclusion’.

If the majority of the Supreme Court judges can err in their decisions, then how safe are we if the Supreme Court is subject to no control by any other organ of government or group of trained persons?

The decision of a court, no matter how manifestly erroneous, is final and binding unless it has been reviewed or appealed against. In Bisi v. Kwakye [1987-88] 2 GLR 295, Taylor, J.S.C. said: ‘In our system of adjudication the majority view of a plural bench of a court represents the binding judgment of the Court, even if it can subsequently be demonstrated to be vulnerable to attacks’.

In many cases before the courts, mere homespun wisdom is sufficient to reveal the errors, vacuities and mistakes in the judgment of even the highest court of the land. Many Ghanaians may well be dissatisfied with the verdict of the just ended election petition. But beyond review, who can legitimately question the verdict? This is the system we have adopted for ourselves. We must accept it or call for necessary reforms.

Who Judges the Judges: How to Remove a Judge
In Ghana, a judge can only be removed from office for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind. The question is who determines what constitutes incompetence or inability? The same judiciary does that. The process of removing a judge is also purely judicial in nature, undertaken by judges. We are back to square one – judges are judged by judges! No other organ of government has any overriding power to effect the removal of a judge.

To this end, it is necessary to say that the independence of the judiciary is a keystone of true democracy. However, the judiciary is not beyond human flaws. The courts err. It behoves us all as a people to change the status quo if we desire so or be temperate, gentle and humane in our comments and criticisms of judicial decisions.

 
 

The Accountability Of The Judiciary

By  Law  Teacher

 

“Ironically the Higher Judiciary in India has powers of control over every organ under the Constitution but there exists no effective method of disciplining its own members.” [1

The Preamble to our Constitution declares India is a ‘Democratic’ State. This broadly means that we have a government by the people, of the people and for the people’. It follows from this principle that, the Government should be accountable for all its acts or omissions to those for whom it exists.

The third branch of the government- the judiciary. The power that Judiciary enjoys, the role that it plays in our lives and the onerous task that it performs is beyond comprehension. Infact, it would be no exaggeration to say that of the three branches of the Government, Judiciary is perhaps of the greatest significance to the people, it being closest to them in the sense that anybody (even an ordinary citizen) can approach the Judiciary when he has any grievance.

Judicial Accountability can be defined as the costs that a judge expects to incur in case his/her behavior and/or his/her decisions deviate too much from a generally recognized standard, in this case referring to the letter of the law.

Judicial independence was not intended to be a shield from public scrutiny. Judicial independence is not only a necessary condition for the impartiality of judges, it can also endanger it. Higher judiciary in our country is the only institution that is virtually not accountable and at the same time enjoys exceptional constitutional protection and formidable weaponry such as contempt of court to silence the critics. [2] Accountability of the judiciary in respect of its judicial functions and orders is safeguarded by provisions for appeal, reversion and review of orders. But there is no mechanism for accountability for serious judicial misconduct, for disciplining errant judges. [3

JUDICIAL ACCOUNTABILITY: JUDGING THE JUDGES

Realizing the important role that judiciary plays, and the possibility of misuse of the power conferred, the Constitution-makers primarily made two provisions (those relating to the appointment and removal of judges) which ensured that Legislature and the Executive, the other two branches of the government (which are directly or indirectly responsible to the people) had some kind of control over the Judiciary. Here it would be interesting to mention the following cases

1st Phase- The Judges Case One:

In 1982, the matter of appointment of High Court judges came before the Supreme Court in S.P. Gupta v Union of India [4] The main question considered by the court was: of the various functionaries participating in the process of appointment of a High Court judge whose opinion amongst the various participants should have primacy in the process of selection?

The majority took the view that the opinion of the Chief Justice of India (and that of the Chief Justice of a High Court) were merely consultative, and that the power of appointment resides solely and exclusively in the Central Government” and that the Central Government could override the opinions given by the Constitutional functionaries. The majority in Gupta gave a literal meaning to the word ‘consultation’ in Art 124(2) and 217(1). In reality this view made consultation with the Chief Justice inconsequential in the matter of appointment of the High Court Judges.

The observation of Bhagwati J. on the question of accountability-“The reason why the power of appointment of judges has been left to the Executive appears to be that the Executive is responsible to the Legislature, and through the Legislature it is answerable to the people, who are the consumers of justice. The power of appointment is not entrusted to the CJI because they do not have any accountability to the people and even if any wrong appointment has been made, they are not liable to account to anyone for such appointment.”

But going by developments that have taken place and the experiences that have been encountered, both the provisions have either been substantially modified or reduced to mere theory.

2nd Phase- The Judges Case Two:

Consequently, the matter once again came up for consideration before a 9 Judge bench in the case of Supreme Court Advocates on Record Association v Union of India [5] The Court emphasized that the question has to be considered in the context of achieving “the constitutional purpose of selecting the best…to ensure the independence of judiciary…”

Deliberating on the issue, the Court pointed out that this provision of ‘consultation’ with the Chief Justice was introduced because of the realization that the Chief Justice is best equipped to know and assess the worth of the candidate and his suitability for appointment.

Accordingly, the Court has ruled that “in the choice of a candidate suitable for appointment, the opinion of the Chief Justice of India should have the greatest weight…..the selection should be based on a participatory consultative process in which the Executive has the power to act as a mere check on the power of the Chief Justice

The Judiciary has for all practical purposes had become its own appointing authority. The Supreme Court replaced the Executive primacy with that of the CJI, which in effect has done away with the role of the Executive. The Collegium that decides the matter lacks transparency and is likely to be considered a cabal. Here the obvious question that arises is, in the absence of substantially any role of any other body, who are the CJI and other members of the Judiciary answerable to? Consumers of justice being people, whether the Judiciary is in any way answerable to the people? The Majority in the Second Judges case tried to answer it-“The CJI and the Chief Justice of the High Court, being responsible to the functioning of the Courts, have to face the consequence of any unsuitable appointment which gives rise to the criticism. Similarly, the Judges of the Supreme Court and the High Courts, whose participation are involved in the functioning of the Courts and in the selection process bear the consequences and become accountable.”

The researcher submits that this reasoning is not only insufficient and incomplete but also unsatisfactory. Besides, the little that it says in support of its stand, the argument itself seems to be paradoxical if we look at the reality. The Judiciary has taken a rather too strict a stand against the writers who have criticized the judges or their judgments (the Contempt of Court Act 1971 punishes the scandalizing of the Court. The Supreme Court has held that Fundamental Right of the citizens to of free speech and expression has not abolished the offense of scandalizing the Court). [6] The symbolic punishment given to Arundhati Roy [7] and the more recent controversy surrounding Sabarwal J. and the subsequent action taken by the Delhi High Court against the “erring” editors of a leading local newspaper are points in case. [8

Now the 2nd major area of focus is what action can be taken if a judge misuses or abuses his power, acts with negligence or contrary to the interest of the people.

In this regard the Constitution has laid down only one provision- Article 124 whereby it lays down that a judge can be removed from his office by following an elaborate procedure, on the ground of ‘proved misbehavior or incapacity.’ The points to be pondered over here are:

This is the only provision on what action can be taken against an errant Judge.

The action that I envisaged here is a drastic one, that of removal from office.

The procedure mentioned here being so elaborate (being analogous to the impeachment) signifies that ‘proved misbehavior or incapacity’ should be of a very high degree.

Not only does this provision lay down too complex a procedure, but it also fails to take care of the deviant acts not amounting to ‘misbehavior or incapacity’. Added to this Ramaswami J. controversy [9] is a case in point as it reflects the deep anomalies and loopholes with which this provision is ridden.

Hence while the existing provision is insufficient in so far as erroneous acts not amounting to ‘misbehavior or incapacity’ have not been taken care of, the remedy that does exist is rendered useless by the loopholes that have been exploited.

Thus (practically) answerable to no one and for all intent and purposes having no efficient mechanism to discipline the judges, the Judiciary has become its own master. At least theoretically it can be said that this will lead to abuse of power.

But having said this do we really urgently need to reform the legal provisions relating to Judiciary? Do the apprehensions have any real basis? Several instances will show that these are not mere apprehensions.

In 1958 the Law Commission of India in its 14th Report on the Reform of Judicial Administration submitted that-“It is widely felt that communal and regional considerations have prevailed in making the selection of judges…..best talent among the judges of the High Courts has not always found its way to the Supreme Court…We are concerned that the views expressed to us have show a well founded and acute public satisfaction at these appointments”. While this report was complied at a time when the Executive had a significant role to play in the judicial appointments, it is submitted that the position has not changed much (as will be clear from the illustrations that follow) after the Second Judges Case.

In 1964, Committee on Prevention of Corruption remarked that it had been informed by Vigilance and Special Police Establishment, that the corruption is rampant at the lower levels and in some place, it has spread to the higher ranks.

Then we have the 1993 case of Ramaswami J. who was sought to be removed from office and who after having been found guilty of misbehavior in misappropriating and misusing public property, by a Committee constituted under the Judges’ Inquiry Act 1968, still managed to go scot free because the motion in Parliament of his removal failed as the ruling majority abstained from voting for his removal.

Again the charges of misconduct against two sitting judges of the Supreme Court were made in 1997 and 2000. In the first case, the judge in question was due by seniority to be appointed as the Chief Justice and an in house committee of the Supreme Court Judges is reported to have considered the charges. But the judge was recommended for appointment as the CJI by the outgoing CJI. In the second case which related to a CJI though considerable publicity was given to the charges, no action was taken either within or outside the Court.

In the absence of an effective remedy for removal of a judge, the Bar of the Bombay High Court resorted to the unconventional method of disciplining by passing the resolutions against them to resign and requesting the Chief Justice of the High Court not to assign work to them.

On another occasion, the Chief Justice of the Bombay High Court was charged with misconduct by the Bar. Going by the earlier experiences the Bar had no other option but to resort to extra-constitutional way out. They made an application to the CJI to requesting the CJI to seek his resignation. The Chief Justice of that High Court under the advice of the CJI tendered the resignation.

Judicial accountability has today become the catch word all over the world. The judges can no longer oppose calls for greater accountability on the ground that it will impinge upon their independence. Independence and accountability must be sufficiently balanced so as to strengthen judicial integrity for effective judicial impartiality.

 

 

Judicial accountability: Who will judge the Judges in India?

 

By Apurv Mishra

After the Pandavas win the war at Kurukshetra, Bhishma teaches the art of governance to Yudhishthira, the victorious king. One of the first lessons that he learns is the importance of swift and proportional punishment in ensuring civilised behaviour of citizens and maintaining the moral equilibrium in society:

“Listen scion of Kuru, to what the rod of punishment is and how it is judicially prescribed: for the rod of punishment is the one thing in this world upon which everything depends… if the rod of punishment did not exist in this world, beings would be nasty and brutish to each other… it puts this world into a stable order quickly, king”

Rahul Gandhi promised us a bouquet of anti-corruption legislations this Valentine’s season to reaffirm his commitment towards good governance and probity in public life. Instead, as the curtains draw close on the budget session that resembled a Rohit Shetty movie, only one of the six anti-graft Bills has been passed by our honourable parliamentarians (a poorly drafted Whistle-blowers Bill was passed without any discussion in the final minutes of the last day). It may be argued that the biggest loss to the nation has been the failure to pass the Judicial Standards and Accountability Bill, which was the first serious attempt to cleanse our judicial system.

There has always been a struggle for supremacy between the executive and judiciary in India. When the executive was powerful (think Indira Gandhi), judiciary’s role was severely curtailed. However, in the present era of coalition governments and PILs, the judiciary has taken a more active role in shaping public policy. But this increasing power of judiciary has not been matched by a corresponding increase in institutional mechanisms to check its misuse.

From the Ghaziabad Provident Fund scam to serious charges of misappropriation against the close relatives of former Chief Justice of India K G Balakrishnan and allegations of sexual misconduct against a former Supreme Court judge, instances of financial and moral corruption in our judiciary have become embarrassingly frequent over the years. Exasperated over the systemic rot in Allahabad High Court, the largest High Court in India with 160 judges, the Supreme Court was moved to paraphrase Shakespeare’s Hamlet and remark that “something is wrong in the Allahabad High Court”.

When questioned about this delicate issue, the present CJI prosaically remarked, “The judiciary is not untouched by corruption”. As guardians of the constitution, our judges have admirably protected democratic traditions in our country; but the question remains, who will guard the guards?

Functioning democracies have their internal self-correcting mechanisms through which the executive and legislature are kept in check by the opposition in the parliament, legislations like RTI and periodic elections. The judiciary has been kept outside the purview of the court of public opinion to ensure its credibility as an impartial arbiter of disputes. But this insulation has created a culture of complacence and inefficiency because the ‘rod of punishment’ is absent.

For example, even an FIR against a judge can only be registered after the permission of the CJI. This had tragic consequences in the provident fund scam where then-CJI Balakrishnan did not give permission to file an FIR against accused judges for almost two years, by which time the prime accused, Ashotosh Asthana, died in mysterious circumstances. Justice Sen was held guilty of misappropriating funds before he became a judge, when he was an ordinary citizen.

However, once he was appointed a judge, there was no other way to penalise him except through impeachment- a process so inefficient that not a single judge has been impeached in the last 67 years. In the case of Nirmal Yadav (who has the ignonimity of being the first judge to be chargesheeted while still in office), even though a three-judge panel recommended her prosecution, then-CJI Balakrishnan simply transferred her to a different High Court.

The Bill is a paradigm shift from the Judges (Inquiry) Act, 1968 because it allows ordinary citizens to file complaints against judges, mandates the disclosure of assets by judges and their close relatives and allows for punishments other than the arduous process of impeachment.

The most important development in the Bill is the definition of what constitutes “misbehaviour” by a judge because the constitution provides for the removal of a judge only in cases of “proven misbehaviour”. It has done so by giving statutory recognition to judicial standards that were adopted by the Supreme Court in 1997.

The Oversight Committee can issue advisory or warning or recommend minor punishment if the case does not warrant a removal. For serious charges, the Oversight Committee would request the judge to resign. Only a judge as obtuse and insolent as A Raja would continue beyond this point; in which case the Oversight Committee would recommend his removal to the President.

The Oversight Committee, which is the nodal institution to investigate complaints, includes three senior judges, the Attorney General and an eminent person appointed by the President. It is a welcome change from the current in-house system of grievance redressal in which judges are very reluctant to take strict action against their fellow “brother judges”, a tendency that Fali Nariman has equated with trade unionism. The Bill also gives the Scrutiny Panel and the Investigation Committee powers of a civil court which means that they have the right to summon witnesses and place documents on record.

The Bill should have been passed in the Rajya Sabha because it was not a contentious political issue and all major parties agreed with its provisions after the government had the good sense to remove a controversial clause that gagged judges. Now that the session is over, let’s hope that (for once) the ordinance-making power is put to good use and the country is “put into a stable order quickly”. Corruption is judiciary has a perverse multiplier effect on the national well-being because it shields all other forms of corruption by removing the “rod of punishment”. A huge backlog of cases and scarcity of judges at all levels further incentivises corruption. The heavy workload of High Court judges leaves them little time to supervise the functioning of lower courts.

Transparency International’s Global Corruption Barometer 2013 reported that 45 percent of surveyed households in India considered judiciary to be ‘corrupt’ or ‘extremely corrupt’ and 36 percent of households who had contact with the judiciary in 2012 reported to have paid a bribe. Something as simple as enforcing a commercial contract is a nightmare for companies. It requires them to undergo an average of 46 administrative procedures, takes an average of 1420 days and costs more than 39 percent of the actual claim. If the public starts losing faith in the judicial process, they resort to extra-judicial means of grievance redressal. This explains the rise of khap panchayats in Haryana and kangaroo courts like the one West Bengal which ordered the gruesome gang rape of a woman recently. In the words of Justice Brandeis, if we want the public to respect law, we must first make law respectable.

Opponents of the Bill raise important issues about the bill compromising judicial independence. For example, the Attorney General, who is part of the Oversight Committee, is the senior most law officer of the Union government and may regularly appear in the court of judges against whom complaints may be filed. The argument is that this may compromise judicial independence. They have also raised concerns about the possibility that frivolous complaints may be filed by the losing side in a dispute.

These opponents are free to suggest alternate measures to keep a check on judiciary. We could have a system of periodic referendum on continuance of judges, as is the case in USA and Japan. But the judiciary needs to understand that there is a limit to what we will do to protect judicial independence and the limit is well on this side of judicial accountability.

 

The costly tyranny of secrecy

By Advocates

 

As long as the process of judicial appointments remains opaque, selection of judges on considerations other than merit will continue

As of June 2013, there were 276 vacancies out of a total sanctioned strength of 904 permanent and additional judges in all the High Courts of India. With almost a third of the vacancies to be filled, most States are witnessing major canvassing on caste, community, political and other considerations for appointment as judges. As allegations and counter-allegations over the appointment of favourites fly thick and fast, the debate over the process of judicial appointments is once again heating up.

Collegium experiment

The Emergency and the post-Emergency era witnessed attempts by the executive to muzzle the judiciary. It was to check this erosion of independence of the judiciary that the ‘Collegium’ system was evolved, by which the senior-most judges of the High Court and the Supreme Court selected judges with the executive merely being consulted. But 20 years after the Collegium experiment, the appointment of judges “by the judges” is being perceived as appointments “for the judges.” There is growing evidence that the current system of judicial appointments has resulted in incompetent, inefficient, ethically compromised individuals being appointed as judges.

In May 2013, over 1,000 lawyers of the Punjab and Haryana High Court protesting the recommendation of seven names by the High Court Collegium for appointment as judges wrote: “The independence and integrity of the judiciary has been put at stake by the Collegium while recommending the names of advocates for elevation as judges … the decisions of the Collegium seem to have been based on considerations other than merit and integrity of the candidate”. They added, “it has now become a matter of practice and convenience to recommend advocates who are the sons, daughters, relatives and juniors of former judges and Chief Justices. Nepotism and favouritism is writ large. We all need to rise to the occasion and oppose such recommendation.”

In June 2013, the Madras High Court Advocates Association (MHAA) gave a representation to the Chief Justice of the High Court regarding a list of 15 names forwarded by the Collegium, pointing out, “the proposed list of persons recommended for elevation to the high constitutional office falls far short of the standards set out in the various judgments of the Supreme Court. It appears that the names have been proposed on extraneous criteria such as caste, religion, office affiliations, political considerations and even personal interests and quid pro quo. We at the Bar are deeply distressed, concerned and even alarmed at the partisan manner in which the selection is made. It exhibits a total indifference to the future of the Judiciary as an institution where institutional interests have been sacrificed at the altar of personal pursuits.”

‘Erosion of respect’

The MHAA representation highlighted the consequences of the appointment of poor quality judges: “Long delay in delivering judgements (there have been a disturbingly large number of instances where many judges have delayed judgements for several years and even retired without delivering judgements), inability to organize time effectively and manage their board efficiently, lack of clarity and clear reasoning in judgements, lack of knowledge of even basic principles of law and lack of ability and willingness to learn, ghost writing of judgements … This has resulted in eroding respect and confidence in the judicial process. This is compounded by the increasingly common experience and perception that judgements are delivered on the basis of … partisan considerations such as caste, regional and personal affinities with particular members of the Bar/litigants. It pains us to state all this. But at the same time we would be failing in our duty to the institution of judiciary if we do not raise these issues of grave concern now.” The MHAA demanded transparency in appointments and said the names of the advocates shortlisted for consideration should be disclosed in advance.

For many years, Bar Associations throughout India have been continuously demanding transparency and openness in the appointment process. Today the greatest concern is the secrecy shrouding the appointments.

The real issue is not who appoints judges but how they are appointed. Irrespective of whether it is the executive, the judiciary or a Judicial Commission that appoints judges, as long as the process is opaque and appointments are made on personal considerations, we will have variations of the same problem of favouritism, nepotism and appointments on criteria other than merit and capability. The crucial need , therefore, is to evolve objective criteria to assess a candidate and make appointments on the basis of assessments against such stated criteria. We may usefully refer to the system adopted by the Judicial Appointments Commission in the United Kingdom to assess candidates.

Merit, sole basis

The U.K. Constitutional Reform Act, 2005 made merit the sole basis of selection to the judiciary; a person must not be selected unless the selecting body is satisfied that he or she is of good character. While the Judicial Appointments Commission must have regard for the need to encourage diversity in the range of persons available for selection for appointments, it is subject to merit criteria.

The JAC assesses candidates against five merit criteria:

1. Intellectual capacity: Nominated candidates ought to demonstrate (a) a high level of expertise in chosen areas or profession with the (b) ability to quickly absorb and analyse information. They should have (c) appropriate knowledge of the law and its underlying principles or the ability to acquire this knowledge where necessary.

2. Personal qualities: ranging from (a) integrity and independence of mind, (b) sound judgment, (c) decisiveness, (d) objectivity, (e) ability and willingness to learn and develop professionally and (f) ability to work constructively with others.

3. An ability to understand and deal fairly: This includes (a) the ability to treat everyone with respect and sensitivity whatever their background and (b) willingness to listen with patience and courtesy.

4. Authority and communication skills: The nominated person is expected to have (a) the ability to explain the procedure and any decisions reached clearly and succinctly to all those involved with the further (b) ability to inspire respect and confidence and (c) maintain authority when challenged.

5. Efficiency: The ability to work at speed and under pressure and the ability to organise time effectively and produce clear reasoned judgments expeditiously.

The U.K. system made assessment in respect of all criteria evidence-based. Selection will be rejected if there is not enough evidence that the person is suitable for the office concerned, or there is evidence that the person is not the best candidate on merit.

The ‘public’ senate hearings for appointments of judges to superior courts in the U.S. are another example of transparency. We may not find the U.S. system implementable as it is; but nothing prevents us from incorporating the key principles of transparency, accountability and citizen participation underlying the U.S. system for selection of judges.

Transparency will inspire confidence in people. Appointment of judges being in the public domain should be open and visible. Considering the views of the Bar is a healthy process of consultation as it is privy to a lot more information than the general public.

Criticism of biased, partisan and compromised judicial appointments is not new. Yet for the last 20 years, successive Supreme Court Collegiums steadfastly refused to “clean the stables” and evolve a transparent, open and accountable procedure to ensure that the best persons were appointed as judges to the High Courts and the Supreme Court. Judges to these constitutional courts bear the great responsibility of ensuring respect for the “rule of law” and ensuring that governance is based on constitutional principles and vision.

The country deserves nothing short of the most competent, learned persons as judges whose ethical conduct is beyond doubt. Irrespective of whether appointments are Collegium based or through a new Judicial Commission, members of the Bar as also citizens need to participate in the selection process. Our nation’s future cannot be totally compromised because the powerful want to ensure their power in perpetuity.

The winds of change sweeping the world demanding greater participation, inclusion, equity, accountability and transparency will eventually engulf the judiciary too. We hope the wise persons in the judicial system will read the signs.

 

Discussion Of The Conduct Of The Judges In The Legislature:

 

“In accordance with the Universal Declaration of Human Rights, members of the judiciary are entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.” [10] Neither in Parliament nor in a State Legislature a discussion can take place with respect to the conduct of the Supreme Court in discharge of his duties.

Articles 121 and 211 provide immunity to the members of Higher Judiciary, with respect to the conduct of the Judges in the discharge of their duties. Article 211 amounts to an absolute constitutional prohibition against any decision in the Legislature of a State in respect of the judicial conduct of the Supreme Court or of the High Court. Article 121 on the other hand provides for a general rule that no discussion shall take place in the Parliament with respect to the conduct of any judge of the Supreme Court or of the High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge under the circumstances stated in the Constitution. Thus, reading Article 121 and 211 together, it is clear that the judicial conduct of a judge can not be discussed in the State Legislature. It can be in Parliament only, upon a motion for presenting an address to the President praying for the removal of the Judge. The Constitutional makers attached so much importance to the independence of judiciary that they thought necessary to place them beyond any controversy except in the manner provided in Article 121.

The fact that Article 211 appears under a topic dealing with “Procedure Generally” cannot mean that the prohibition prescribed by it is not mandatory. In trying to appreciate the full significance of this provision, Article 121 and 211 should be read together. It is true that Article 194(2) in terms provide for immunity of action in any court in respect of a speech made by a member or a vote given by him in the Legislative Assembly. Undoubtedly, the Speaker would not permit a member to contravene Article 211, but, if inadvertently or otherwise, a speech is made within the legislature which contravenes Article 211, the Constitution-makers have given protection to such speech from any action in any court. The House itself may and would, no doubt, take action against the member. [11

Removal Of A Judge:

“A charge or complaint made against a judge in his/her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judge shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential, unless otherwise requested by the judge.” [12

“Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties.” [13

“All disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct.” [14

“Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.” [15

The manner of removal of a Judge, as brought out and made clear by Constitutional provisions, SC interpretations and the Judges Inquiry Act, 1968, and Judges Inquiry Rules, 1969, stands summed up in Krishna Swami v. UOI [16] as follows, “Every judge of the Supreme Court & High Court on his appointment is irremovable from office during his tenure except in the manner provided in Cls. (4) & (5) of Art. 124. The law made by the Parliament under Art. 124(5), namely the Judges Inquiry Act, 1968, (and Judges Inquiry Rules, 1969 framed there under) are to be read along with Article 124(4), to find out the constitutional scheme….for the removal of a judge. The law so made under Art. 124(5), provides that any accusation against a sitting Judge to initiate the process of his removal has to be by not less than minimum number of members of the Parliament specified in the Act, all other method being excluded. On initiation of the process, the Speaker/Chairman has to decide whether the accusation requires investigation. If he chooses not to act, the matter ends there…..otherwise on a consideration of the material available and after consulting such persons as he thinks fit, forms opinion that a prima facie case is made out, he constitutes a Committee in accordance with s.3(2) of the Act. If this …..Committee….. records a finding that a Judge is not guilty, the process ends there…..If the finding of the Inquiry Committee is that the Judge is guilty, then the Parliament considers the motion for removal of the Judge along with the Committee’s Report and other available materials including the cause, if any, shown by the Judge concerned against his removal for which he has to be given an opportunity after the submission of the report to the Speaker/Chairman under s. 4(2) of the Act…..If the Parliament does not adopt a motion for removal of the Judge, the process ends there…If the motion is adopted by the requisite majority of the Parliament, culminating in the order for removal of the Judge by the President of India under Art.124(4), then only the Judge shall have remedy of Judicial Review available on the permissible grounds against the order of removal….”

CONCLUSION

In mater of appointment, a lot has been said about the dangers of substituting absolute Executive authority with absolute ‘Chief Justice Authority’. It is important to have a more important broad based appointing body in the legal system, incorporating undoubtedly the higher judicial functionaries but also giving representation to some outside elements form the categories of eminent jurists, academics and both the ruling executive and the opposition. Moreover this process would certainly be more transparent and open. In such broad based appointing body at least two leading members of the bar must find representation. The manner of selection/ nomination of those persons should be carefully thought out to ensure objectivity and absence of conflict of interest.

The second crucial aspect which cannot be separated from the first is the vital necessity of a workable mechanism for regulating judicial conduct, taking corrective action and if necessary disciplining the errant judges shot of and up to removal.

Unless one puts in place a reasonable, internal, fair, expeditious and effective in house regulatory regime short of impeachment, allegations against judges will always be on the rise.

The general dissatisfaction with the Courts self appointed role in appointment and transfer of Judges has led to suggestions that it is high time that a National Judicial Commission should be appointed which would not only consist of high judicial members but also other non-judicial members and which would make recommendations for such appointments. The suggestion for a National Judicial Commission has been made by the 80th and 121st reports of the law commission of India. [17] A constitutional amendment (67th Amendment) bill 1990 was formulated by the ministry of Justice in 1990 for setting up such a body but the bill lapsed on the dissolution of the parliament. [18

The independence of judiciary is an important concept being the basic principle of the constitution but what has to be realized is that it is not an end in itself but only a means to achieve an end. The end is to secure efficient, expeditious and impartial delivery of justice. The main intention behind this principle is that the people should get justice, irrespective of their status. This principle is required to instill confidence of the people in its Justice Delivery System. Confidence is very important. Our society is usually peaceful, not because there is a police force and lawyers to take you to the court. It is because people respect the courts and the laws they apply. If, however, people loose confidence in the courts and think that they would not receive a fair hearing, they might disrespect the law generally.

So any new step towards revamping the Judicial System should aim at balancing in the best possible manner judicial independence and judicial accountability.

 

 

‘TYRANNY OF THE UNELECTED’, A STEP TOWARDS ‘COMMITTED JUDICIARY’?

BY N SATHIYA MOORTHY

 

Independent of the validity of the across-the-board arguments favouring transparency and accountability in judicial appoints all-round, India’s Finance Minister Arun Jaitley might have over-stated his position and that of the government by publicly questioning the ‘tyranny of the unelected’ as ‘flawed’ and against the ‘basic structure’ of the Constitution. Criticisms of the Supreme Court’s recent judgment, striking down the constitutional amendment and relevant laws on the creation of a ‘National Judicial Appointments Commission’ (NJAC), with political representation for the first time, by Jaitley and his ministerial colleagues like Ravishankar Prasad and Law Minister, Sadananda Gowda, smacks of a first step towards a ‘committed judiciary’, of the Indira Gandhi kind, which her Steel Minister Mohan Kumaramangalam had advocated in their time.

Facts may be recalled — Emergency followed, in an environment facilitated by political observations of the Kumaramangalam kind, and supersession in the appointment of the Chief Justice of India (CJI), with A N Ray being named over the head of three of his seniors. It was before the Bench headed by CJI Ray that then Attorney-General, Niren De argued that the citizen did not have right to life when Emergency was in vogue and the Government had suspended his Fundamental Rights guaranteed under the Constitution. The Supreme Court’s verdict, string down the citizen’s right to moving a ‘habeas corpus’ petition in the nation’s High Courts (ADM Jabalpur vs Shukla, 1975-76) is not remembered, even by the legal fraternity that much. The nation still remembers the post-emergency electoral verdict of 1977. The Congress Party, which Prime Minister Indira Gandhi headed, never really and not certainly wholly, recovered from the shock, in moral, political, electoral – hence, physical – terms.

Stoning glass-house

It’s sad that the BJP ministers, otherwise credited with long memories and sharp retorts, have ended up in hyperboles that do not bring relief. They have referred to the US and other western democracies, wherever members of the Judiciary are elected, or face incisive interrogation by legislative panels, and at times, full-house vote, too. They have forgotten to mention that the questioning over there is as much over the political ideology of the candidate, as about his/her personal integrity. Despite the ‘independence’ of the Judiciary and of the legislative processes, both in terms of institutions and individual parliamentarians, the voting is invariably on political lines.

Issues are delayed hearing, wantonly, by either the State or the Bench, owing to the composition of the higher Judiciary (invariably the US Federal Supreme Court). Reams are written in the Press about the socio-political and socio-economic ideologies of individual Judges on the SC Bench at any given point in time – to argue why a particular case would not come up for hearing, or why a particular judgment could go in a particular way.

If nothing else, Indian Judiciary and polity has not reached a stage wherein a healthy discourse could happen on the conduct of either institutions and/or individuals manning them. For that to happen with respect to the nation’s most hallowed of all institutions, the polity and the society have to prove their innocence, not ignorance, before attempting any change of the kind – arrogance is not a virtue for anyone concerned in handling what has already become a hyper-issue.

Independent of whoever is in power, Governments in India would have to look itself up on the mirror before commenting other institutions and individuals. They cannot afford to sit in glass houses and afford to throw stones. The stones, in this case, does not travel long distances, to hit at the target. It brings down the edifice that they are seated in. Definitely, it is not what the likes of Minister Jaitely at least have in mind, just now.

It’s anybody’s guess why the Government of Prime Minister Narendra Modi took up the NJAC law as among the nation’s topmost priorities after coming to power. True, the predecessor Congress Government had talked openly about it for long. Then Union Law Minister M Veerappa Moily even publicly promised to bring up a draft Bill for Parliament’s consideration in the winter session of 2011, only weeks ahead. Maybe because the ‘2-G cases’ sprang to life or otherwise, none from UPA-II found the moral bearing to pilot a Bill of the kind at the time or even later – or, so it seems.

For their part, the Jaitley-Prasad combo and others in the Modi Government should ask themselves why they did not have a candidate for Kerala’s Governor’s post other than the recently retired CJI, in P Sathasivam. It is not to cast any aspersions on the personality or integrity of CJI Sathasivam, but only to question the ‘politically flawed’ nature of his choice, or that of anyone else in his place. It also goes with the choice of Gen V K Singh, the recently-retired Army chief, as a Minister in the Modi Government, or the UPA-II’s Home Secretary, R P Singh, for a BJP nomination for a Lok Sabha seat, which he won.

The less said about the Congress-BJP mutual whip-lash over the political misuse of the CBI, or other Central agencies when in power, the better. After all, T N Chaturvedi, who as the Comptroller and Auditor-General (CAG), who exposed the ‘HBW submarine scam’ involving a predecessor Congress Government, became a BJP member of the Rajya Sabha not long after retirement – and the Governor of Karnataka, when the Vajpayee-led BJP-NDA was in power at the Centre.

It was no way different when the Congress rival was in power. Apart from all the accusations levelled against the party in terms of appointments to other ‘independent institutions’ such as the CAG and CBI (even after the SC verdict and directions in the ‘Vineet Narain case’, including the UPA-II’s last appointment of the CAG, the Congress Government of the day also ensured that Parliament decided the first-ever ‘impeachment’ proceedings against a sitting judge (Justice V Ramaswami), in political, and not legal, judicial or moral terms.

How could then the likes of Minister Jaitley indicate that ‘elected’ representatives of the people are not involved – they are involved in sacking, not appointing a judge? In a way, the ‘appointing authority’ in the President not having the power to sack a Judge, and the ‘sacking authority’ in Parliament doing so without being the appointing authority in the first place, should be against the tenets of constitutional behaviour – and in a way against the ‘basic structure’ of the Constitution.

Corrections within

It is not unlikely that the SC judgment in the ‘NJAC case’ derived not from the speeches made in Parliament or outside, but by the Government’s lawyers and the rest within the court halls. The sketchy newspaper reports at the time and substantial portions of the 4-1 majority verdict are indicative of such thinking. Hence, the solution to the current problem of ensuring transparency in judicial appointments, promotions and transfers could and should also flow from the SC verdict itself.

The fact is that any other harsh observations of the Jaitely-Prasad kind are not going to change the reality. Nor should the BJP continue to be in the ‘Opposition’ political mode even one and half years after coming to power at the Centre, and try to embarrass and ‘fix’ the present-day Opposition, on what essentially remains an ‘academic issue’ – and in the process challenge the authority of the only constitutional institution in the country on which the nation has maximum faith in. It can cut in more ways than one – the BJP and the nation could well be the worse sufferers, and not necessarily in that order.

At least this time round, the BJP /Government leadership should consult the political Opposition in Parliament with sincerity, and not bent on pushing them into a corner or score a debating point, all over again. Reading between the lines, the majority verdict provides enough material for the Government to push through additional reforms to the just struck-down processes. There being clear unanimity among parliamentarians and political parties on holding the Judiciary accountable, and judicial appointments transparent, a solution could still be found within the pages of the majority verdict on the one hand, and the four walls of the Constitution, otherwise.

Filling the vacuum

In its Jan Sangh avtar, the BJP was not known to have questioned the ‘basic structure’ theory enunciated by the Supreme Court in the ‘Keshavananda Bharati case’ (1973), without definition but only through application. On the occasion, the SC held that ‘Judicial Review’ was a ‘basic structure’ of the Constitution. Maybe because it hurt the political ego of the Congress rulers of the day than the non-existent Opposition of the day, the Jan Sangh and the rest of the Opposition did not complain.

There is a larger lesson from political philosophy for the BJP rulers and the nation from the ‘NJAC case’ verdict. Independent of what the SC has ruled and what Government and Parliament intend doing – starting possibly with a ‘review petition’, which again will go to the same Bench — it is but natural in government systems, particularly vibrant democracies like India’s, that one institution fills the vacuum, created in reality or otherwise, by the momentary absence/weakness of one or the other of the rest.

It was thus that when the Executive became weak, or perceived as being weak, and the Legislature was considered a rubber-stamp of the former, the Election Commission (EC) filled the vacuum in the Nineties, and kept the all-round democratic hopes of the people alive. Today, when the Government at the Centre commands an absolute majority in Parliament (and for the first time in 25 years, and thus for a new generation of voters from that era), the SC could be deemed to have stepped in, to fill the vacuum (whatever the occasion and circumstances).

When all institutions failed, as was during the Emergency era, the people filled the vacuum themselves, when it came to their turn, in the 1977 elections. There is a lesson in it, not just for PM Modi, his Government and the BJP, or for the polity alone. There is a lesson in it for everyone else, and every institution, starting with the present-day voter, too!

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.03.2017……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja  Mysuru Raghupathi

 

PIL –  Fundamental  Duties of Citizens  Vs Corrupt Government  Officials

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

 CRIMINAL WRIT PETITION NO. OF 2017

 

 IN THE MATTER OF

 

 NAGARAJA . M.R

 editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief Justice of India    & Others

 ….Respondents

 

 PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

 To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

 

 Fundamental  Duties of  Citizens  and  Constitutional Duties  of  Public Servants are complementary to each other.   Nowadays  criminalization of politics , judiciary  , police , etc has  taken place and many unfit candidates are in public service. These corrupt , unfit public servants  are misusing their offices and  putting  legal seal    on illegal  acts , making those illegal acts technically legal. Here  raises the conflict between  FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN  and   ILLEGAL  ACTS  OF  GOVERNMENT OFFICIALS.

           For example real estate mafia grabs  BEML Quarters lake ,  Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru  creates  fake title deeds  and  even gets it registered  by sub registrar  all with the help corrupt officials in  government.  Even police protect the  rich  land grabber. When a case is made out in the court of law  for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based  on official documents he  gives a green signal to encroacher and orders for  protection of his encroached properties.  Lakes  are  nobody’s property , it is  a public property and to be preserved for public usage.  The good Samaritan Indian Citizen who did his  “Fundamental Duties  of Protecting Lakes “  lost money , time,  faced  abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

One more example  , a  citizen while passing through a  public  road  witnesses  an accident , takes the injured to the hospital for emergency treatment to save life and informs  police regarding accident making vehicle. Instead of appreciating  his  good   work , police fits  him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner  who made the accident , no protection to  the citizen for doing his :Fundamental Duties”.

          One more example , a citizen complained to authorities  regarding  business of a liquor bar  in a residential location  much close to religious  building & schools. The bar owner had secured license from state excise  department much against the norms.  Police called the good citizen for questioning repeatedly , court  judge called him to court repeatedly  and finally based on the license given by corrupt government official  allowed the bar to operate  , fined the complainant.  Goons of bar owner  roughed up the good citizen making him to move away from the locality itself.   

 

           An Indian citizen  requests  for information from authorities  regarding  llegalities , irregularities , misuse of office  in working  by judges , police , etc  from  supreme court of india and other related authorities under RTI Act. So that  based on RTI  reply from concerned authorities  he can legally prosecute  the guilty judges , police , public servants , can get the  injustices rectified by court of law and  put an end to further crimes by those guilty , corrupt public servants all in public interest. This  is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES”  to uphold law , constitution of india. But  PIOs , RTI Appellate authorities  of  supreme court of  india  & other  bodies didn’t  give full truthful information at all . Thereby ,  they  committed one more crime of  of covering up another crime  and aiding criminals to continue with their crimes unabated.  Thereby , guilty judges , police , other public servants obstructed the  citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL  RIGHTS  &  HUMAN  RIGHTS  TO  EQUITABLE  JUSTICE.  No justice in sight till date to good Samaritan Indian citizen  , more injustices were meted out to him by judges , police , public servants –  he suffered  physical assaults , murder attempts , jobs denied , news paper closed , press accreditation  denied ,  PILS  he  sent  to apex court were not admitted , all to silence him.

 

 

       In this way , there are numerous cases  of  Indian Citizens , whistle blowers , RTI Activists , Journalists  who themselves suffered  gross injustices for raising public causes , for doing their  Fundamental Duties. No  Justice to them even from apex court till date.

Every citizen  of  india must  perform   his / her “Fundamental  Duties” without fail, before demanding  his fundamental rights. Every public servant  must  do their  constitutional duties without fail. 

         A citizen performs  fundamental duties without any rewards or pay or perks  where as a government official /  public servant does his / her duties  for  huge pay & perks.

         A citizen  while performing his fundamental duties  often has to spend his own money , time  to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.

      A citizen  while performing  his fundamental duties faces rowdy elements , physical assaults  in few instances even resulting in his own murder.  His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if  anything untoward  happens his family will get  compensation.

     Obstructing  a Citizen  from performing his fundamental duties  doesn’t  attract any legal prosecution whereas obstruction of  public servant’s  constitutional duties is a crime under IPC.

2. Question(s) of Law:

Are  Fundamental  Duties  of  Indian  Citizens  Supreme  or  the  Illegal  acts , orders by corrupt Government officials (Legalizing  illegal acts)  Supreme ?

3. Grounds:

Requests for equitable justice , Prosecution of   corrupt  judges , police , public servants   responsible for  injustices , obstructions to Fundamental Duties of citizens.

 4. Averment:

 Please read details at :

 Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police   ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki   

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police  

 

SHAME  SHAME  JUDGEs  –  Atrocities against  DALITs  by  Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges  ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

 

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

– Mahatma Gandhi

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases  mentioned  at above web sites , to perform their duties & to answer the questions.

 The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth  crores  of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

 

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

 

1.         To  make  obstruction of  “Fundamental Duties  of an Indian Citizen” a legally punishable offence on par with the  obstruction of a public servant’s duties.

2.         To pay compensation of Rupees Two Crores and above  to   RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered  injuries in the course of their  fundamental duties.

3.         To order for  inspection , investigation of each & every issue raised by  a citizen in the course of his fundamental duties  instead of simply relying on government records alone prepared by corrupt officials.

4.         To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers  , other public servants  to do their  constitutional duties  as well as their   FUNDAMENTAL  DUTIES  properly.

5. To admit  all the PILs   sent by me to supreme court of india  and to order the concerned public servants to give proper reply to all RTI Appeals made by me.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated : 26.02.2017……… ………………….FILED BY: NAGARAJA.M.R.

 Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

 

 

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice ,

Judicial  Tyranny

https://sites.google.com/site/dalitsdiary/judicial-tyranny ,

 

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https://groups.google.com/forum/#!forum/dalits–diary ,

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July 23, 2017

Judicial Tyranny

Filed under: dalit human rights — Nagaraja M R @ 12:05 pm

Dalit’s  Diary –  Weekly  Newspaper  On  Web  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.29… . 26  / 07 / 2017

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

3 -judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI’s notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge’s name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment — the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

  • The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.
  • Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land.

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless.

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013.

“The link and presumption is not unfounded,” Justice Das said by phone from Cuttack.  “In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice.”

Justice Misra’s office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts.

“The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations,” the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017.

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President’s office declined to comment on the matter.

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected.

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report.

“The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land,” Justice Das said. “There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court.

“Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment,” Das said. “Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn’t declare his interest to the SC collegium.”

People close to Misra debunked this allegation as a disgruntled grouse. “These are someone’s grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas,” they said.

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had “serious reservations” about appointing Justice Das as chief justice of the Punjab & Haryana High Court.

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation’s top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018.

“It may not have been brought to the notice of the collegium, but I don’t have any records,” Justice Das said.

“This is something very serious and was not brought to the notice of the collegium. There was no IB report also,” said a legal luminary who asked not to be identified. “The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur.”

“Justice Misra is known for his credibility and integrity,” the people close to him said. “Do you think it is possible that the facts weren’t brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn’t know about it?”

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

–       An  Appeal  to Honourable Chief Justice of India

 

Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

  1. To immediately reinstate Mr.Gwal into judicial service.
  2. To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.
  3. To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.
  4. To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.
  5. To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.
  6. To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.
  7. To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman’s boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge’s Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

 

 

The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

Hereby , we  demand Honourable Supreme Court of India :

  1. To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.
  2. To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.
  3. To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

 

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July 11, 2017

Ban Beef ?

Filed under: dalit human rights — Nagaraja M R @ 3:26 am

Dalit’s  Diary –  Weekly  Newspaper  On  Web  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.28… . 19  / 07 / 2017

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

–          An  Appeal  to  H.E.President  of  India

 

Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.

Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ?

Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB – Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…
They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices.
Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller – The Times of India

·         Beef exports up 44% in 4 years, India is top seller – The Center’s Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate…

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26%
3.            Australia              1,593,000             17.38%
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

“…Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores?

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals’ beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens’ bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way.

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded.

Other forms of brutality include the “Halal method,” where the animal’s neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar “method” is hanging the live, fully conscious animals upside down while their carotid arteries are cut.

Once aware of these procedures, many fast-food fans are reconsidering their diets. “It is repulsive and sick what is being committed by humans to animals in the U.S.,” said Ashley Coutier, a resident of Sparta. “It should be stopped as soon as possible.”

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. “I have heard about some of the things slaughterhouses do, but there are some things I just don’t want to know and I am better off not knowing about,” said Steve Snow, a sophomore at Sparta High School…”

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml

“…A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece”. Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.

http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 

First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. …The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage….

 

For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process.”

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, ” I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. …The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced….. 

“[M]any of the … regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'”

Grandin explained, “The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car’s speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way.”

 

Grandin recommended clear bans on certain practices. She further recommended “animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level.”

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, “I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance.”

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http://www.animallawcoalition.com/farm-animals/article/492

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Brussels – The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe’s butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

“As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” said EU Health Commissioner Androulla Vassiliou.

Vassiliou’s proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

“These proposals are a step in the right direction and will benefit millions of animals,” said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

“It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques,” Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

“A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals,” said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission’s proposals would also apply to non-EU producers who export their products to member states. (dpa)

http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

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EU wants welfare officers in slaughterhouses

Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).

If approved by all 27 member states, the European Commission’s proposal will “integrate welfare considerations into the design of slaughterhouses,” requiring the killing techniques to be constantly monitored.

A cow restrained for stunning ahead of slaughter

Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.

Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.

“As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” EU health commissioner Androulla Vassiliou said.

“The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators,” she added.

Animal rights groups hailed the commission proposal.

Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: “The commission made no mention of religious slaughter,” pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. “There, a large amount of sheep meat comes from animals killed via religious slaughter,” Mr Blaakman said, while Sweden permits no exceptions on religious grounds.

Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one’s own back yard instead of at slaughterhouses.

 

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