SOS e Clarion Of Dalit

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     

 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/ ,

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

 

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 :
http://eclarionofdalit.dalitonline.in/  ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,    

http://paper.li/f-1367938674      ,      

 

New  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/ ,

 

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     

 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/ ,

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

 

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 ?

<script type=”text/javascript”>
var irr_lang = ‘en’;
</script>
<script src=”http://fragments.irrepressible.info/js/fragment-125.js
type=”text/javascript”>

</script>

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

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

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 :
http://eclarionofdalit.dalitonline.in/  ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,    

http://paper.li/f-1367938674      ,      

 

New  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/ ,

 

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 :  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     

  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 ,    

 

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.

Old  Home page :
http://eclarionofdalit.dalitonline.in/  ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,    

http://paper.li/f-1367938674      ,      

 

New  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/ ,

 

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 :  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     

 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 ,

 

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

Dalit’s  Diary –  Weekly  Newspaper  On  Web  

Working  For  The  Rights  &  Survival  Of  The Oppressed

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 ,

 

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 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.

 

 

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/ ,

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

Secure  Mail :  Naag@torbox3uiot6wchz.onion ,

 

 

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.”

%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     

 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/ ,

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

 

June 30, 2017

PIL – Discrimination of Prisoners

Filed under: dalit human rights — Nagaraja M R @ 8:59 am

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

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.26… . 05  / 07 / 2017

 

 

PIL –  Discrimination  in   Indian  Jails /  Prisons

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

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 Secretary , Government of Karnataka & 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.

As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.

As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.

India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities – which in itself is illegal.

Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.

Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.

It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

 

  1. Question(s) of Law:

    Are not all prisoners  equal ?  is not  theft  of ten rupees  or theft of thousand crores of rupees , both crimes ?  Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty  of a judge  who has  awarded jail sentence to  an accused / a convict ,  to  ensure safety , health care of the said prosiner ? is it  not the duty of  the judge  to monitor whether  the convict is getting  right  punishment  as per law  nothing  less  nothing  more ?

  2. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of  stopping torture of poor prisoners. Prosecution of  corrupt  judges , police & jail personnel.

  1. Averment:

Prosecute  Sanjay  Dutt  under  TADA 

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada  ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

 

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-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
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 , Government of Karnataka authorities in the case to perform their duties.

  1. Hereby , I do request the honorable supreme court of India to immediately annul  the Jail Manuals  of all state governments of india , which are discriminatory.
  2. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
  3. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police &  judges who failed in their duties to  ensure safety of prisoners , resulting in torture of prisoners.
  4. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing  to all prisoners without discrimination.
  5. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners  for  suffering discrimination , torture.
  6. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners  who spent years behind bars , finally acquitted by courts  and in the case of prisoners  who spent more years in jail than the  quantum of punishment  codified in IPC  due to prolonged  case trials. In both such cases afterwards state government must recover money from  respective presiding judges , investigation officer & government  legal prosecutor.

    h . 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 : 28th June 2017 …………………. FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

 

Editorial : Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case  who  issues arrest warrant against a person , who rejects the bail plea  of the accused  and  the judge who remands accused to police custody / judicial custody  is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails   and in all such cases ,  respective presiding judges  must be made to  pay compensation from their pockets and judges must be charged  for  AIDING & ABETTING  THE MURDER  ATTEMPT  on prisoner  by  jail / police authorities.  Are the JUDGES & POLICE above Law ?

 

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

Sunetra Choudhury‘s Behind Bars: Prison Tales of India’s Most Famous highlights how different jail experiences can be depending on who you are and what you can pay.

 

When I met Santosh Yadav, a journalist from Bastar, for an early morning breakfast in Delhi a few weeks ago, he looked happy. There was a sense of relief and freedom in his eyes. Yadav had been recently released on bail after 17 months of imprisonment. He was arrested by the Chhattisgarh police in September 2015 from his village Darbha in Bastar. At the time of his arrest, Yadav used to report for two Hindi local dailies, the Navbharat and Chhattisgarh. He was accused of being a Maoist supporter and charged under various sections of the Indian Penal Code and other laws pertaining to crimes ranging from rioting, criminal conspiracy, murder, criminal intimidation and with being a part of the banned Communist Party of India (Maoist), among the other alleged offences. He was granted bail by the Supreme Court on February 26 this year, after his earlier bail petitions were rejected by the lower courts.

As soon as he started narrating his jail experiences, he assumed a different persona altogether. There was a sense of intense gloom and despair in his eyes. “What I saw and went through in jail was beyond my imagination,” he said, adding that “I used to think aisa angrezon ke samay hi hota hoga (things like this could have only happened during colonial rule).” Yadav said he was severely tortured and even kept in solitary confinement during his incarceration, apart from routine beatings by the other inmates on the instructions of the jail officials. Listening to Yadav was like re-reading journalist Iftikhar Gilani’s jail memoir, My Days in Prison. Gilani had been jailed in June 2002 on the charges of possessing ‘classified documents’ and booked under the draconian Official Secrets Act. The only evidence presented was a report he had downloaded from the internet. Eventually, he was discharged. In his memoir, Gilani writes, “I was beaten up many times while inside the prison. For 41 days, I worked as a labourer…”

Not everyone goes through the trials and tribulations that Yadav and Gilani underwent. Jail can be quite a ‘haven’ for some, depending primarily on one’s socio-economic background and political influence, irrespective of how grave the charges or the crimes committed. In fact, it’s possible that the graver the nature of the alleged crime, the better the facilities you can avail. All, of course, through illegal means. Unfortunately, in jails, illegality is the norm.

Sunetra Choudhury’s book Behind Bars: Prison Tales of India’s Most Famous tells us how all of this is possible. In so doing, she gives us a glimpse of the underground and parallel economy of jails across the country. Based on extensive secondary research and detailed interviews with people who have spent time in jail as well as those who have worked in or on jails, Choudhury presents a series of stories which are nothing short of eye-opening – dare I say, even eye-popping – in their revelations.

Choudhury profiles the incarceration of 13 people who are either in jail or were at one point of time. While the book mostly concentrates on describing famous people in prison, it does cover others as well. Among the former are politicians Amar Singh, A. Raja and Pappu Yadav, the arms dealer Abhishek Verma’s wife, Anca Verma, CEO Peter Mukherjea and Maoist ideologue Kobad Ghandy. Businessman Subrata Roy of Sahara also finds a brief mention in the introduction.

Narrating her meeting with Roy, Choudhury writes:

“After walking through a long corridor inside the Chandragupta suite [at the Maurya Sheraton, New Delhi] that had been used by heads of state, and after passing a room that only had his shoes, I was ushered into a sitting room with Roy. He was very polite and spoke to me in Bangla, appreciating my work as I’m sure his secretary may have briefed him. Someone brought in some mishit doi and sandesh. As soon as I took out my notebook he said, ‘Listen, don’t include me in this book of yours. I’m not a criminal.’ I told him that not everyone featured in my book would be a criminal. Many would be those wrongly accused of crimes which led them to unfairly spend long years in custody. ‘But I am different. There isn’t even an FIR against me,’ he clarified.”

Roy was given VIP treatment during his jail term. In fact, as the author informs us, he paid a whopping Rs 1.23 crore for the facilities that he received in Tihar. He lived like a king even in jail.

Unbelievable and ridiculous as it may sound, the sad reality is, in the words of Anca Verma, “If you steal 1,000 rupees, the hawaldar will beat the shit out of you and lock you up in in a dungeon with no bulb or ventilation. If you steal 55,000 crore rupees then you get to stay in a 40-foot cell which has four split units, internet, fax, mobile phones and a staff of ten to clean your shoes and cook you food.” This singular quote from the book speaks volumes about the privileges and deprivation faced by people in jails, given their money power and political connections. It also tells us about the rotten nature of our criminal justice system. However, as the author notes, “special treatment in jail is, of course, not a new phenomenon.” She draws our attention towards the case of the infamous Charles Sobhraj. However, what is striking is how, over a period of time, a new normal of ‘super’ special treatment for a certain type of jail inmate has been drawn into our discourse.

Among the most tragic and lesser-known stories is the one of Rehmana. Hers is a clear case of guilt by association. Now out of jail, she is the wife of Pakistani national, Arif who is currently on death row for being an operative of Lashkar-e-Tayyiba convicted in the Red Fort attack case. Though there are several unanswered questions about Arif being an operative of the LeT and his involvement in the attack, Rehmana and her entire family suffer for the crime. “Don’t write their names,” Rehmana requested the author when she met her for an interview.

“Rehmana’s aware that she’s already created considerable problems for everyone associated with her. One of her sisters, a government school teacher in Bhopal, is afraid that Rehmana has spoilt her daughter’s chances of getting a good match. Her brother, a year younger than Rehmana, is still mentally disturbed by all that had happened. Rehmana may have married Arif but they were all hauled to the police station for one night in December. And that night’s nightmare is still too scary for them to emerge from.”

The story of the transgender bar dancer Khushi Sheikh as well as that of the school teacher and a once terror accused Wahid Sheikh are nothing short of horrifying. In both these cases, the perpetrators are those who are entrusted by law to protect the lives and liberties of the people – the police. Referring to Wahid’s case, the author confesses that “Even after two decades of reporting, his account gave me sleepless nights. I realised how in daily journalism we err in relying too much on what authorities say, in not questioning the prosecution agency.”

“Wahid stands acquitted after a decade in jail yet there is no compensation for the time he has lost, for the wounds that he bore from prison. Wahid has given real names of his tormentors, not just to me, but to courts and judges. All of them are decorated police officers—A. N. Roy, K. P. Raghuvanshi, Vijay Salaskar. You can’t dismiss his words because he (Wahid was not convicted) and the others who have been convicted can show you a Mumbai High Court judgement which upholds how they were beaten in jail, their rights violated and then denied medical treatment.”

Though the author regrets not having been able to include the stories of politician M.K. Kanimozhi, IPS officer R. K. Sharma and actress Monica Bedi, one feels that she could have tried including some of the most important stories of those who are either still lodged in jail or have spent years in the prisons of central Indian states like Chhattisgarh, Odisha and Jharkhand. Stories of people like Soni Sori, Linga Kodopi and Jiten Marandi would have enriched the book. Nevertheless, it is a well-researched book and should be read widely and translated into Indian languages.

 

Jailed for Over a Year, Chhattisgarh Journalist Santosh Yadav Granted Bail

BY THE WIRE STAFF

 

Bastar-based Santosh Yadav had been jailed in September 2015 by the Chhattisgarh police who accused him of having links with Naxals and of involvement in operations against the security forces.

 

Chhattisgarh journalist Santosh Yadav was granted bail by the Supreme Court, the Committee to Protect Journalists (CPJ) announced in a tweet. Yadav was arrested in September 2015 by the state police under the Chhattisgarh Special Public Security Act for “associating with a terrorist organisation” and “supporting and aiding terrorist groups”.

Yadav, a Bastar-based freelance journalist, was arrested on September 29, 2015, after Chhattisgarh Police Special Task Force Commander Mahant Singh had said he saw him standing behind a Maoist fighter during an ambush in Darbha in August of that year. The district police echoed Singh’s claims, accusing Yadav of being a Maoist sympathiser; the superintendent also announced that Yadav was suspected of having links with Shankar, a Maoist leader in the area. However, Singh later “expressed inability to identify the accused with certainty”, according to an identification parade memo dated January 1, 2016.

Described as a fearless writer by fellow journalists, Yadav has contributed stories to various Hindi dailies including Dainik NavbharatPatrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

Yadav had served as a point of contact and verification for other reporters writing Bastar, which has been described as a media blackhole, with journalists subjected to routine threats, intimidation, and harassment by both Maoists and the police.

In the chargesheet filed by the Chhattisgarh Police on February 17, 2016, Yadav was charged under various sections of the Arms Act 1959 and the Explosive Substances Act 1908. He was also charged under sections of the Unlawful Activities (Prevention) Act 1967 (UAPA) and the Chhattisgarh Special Public Security Act 2005 (CSPSA), both of which are anti-terrorism legislations.

Sudha Bharadwaj, general secretary of the People’s Union for Civil Liberties, told Scroll.in that the UAPA and the CSPSA are “widely held as draconian as the ‘unlawful activity’ laid down in these Acts are vague and so broad as to be highly amenable to gross abuse and arbitrary and unreasonable action by the state police and administration”.

Yadav’s case points to the broader issue of dwindling press freedom in India, coupled with increasing rates of violence against journalists. In its report published in December 2016, the CPJ had said Yadav was the only Indian journalist to be imprisoned because of his work. According to the 2016 World Press Freedom Index released by Reporters Without Borders (RSF), India ranks abysmally low at 133 among 180 countries, The Hindu reported.“Prime Minister Narendra Modi seems indifferent to these threats and problems, and there is no mechanism for protecting journalists,” the RSF report asserted.

 

 

Covert op on Dawood compromised by some Mumbai cops: RK Singh

 

Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.

 

India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.

RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.

Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. “India must repeat the Myanmar operation in Pakistan,” he maintained. He added if one operation fails, the government shouldn’t be disheartened but launch another operation right away.

Singh said Modi’s advisors are not giving him the right advice on this issue. “Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can’t depend on the US to fight India’s battles. India has to fight its own enemies,” Singh added.

Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. “Pakistan has to calculate the cost of a war. I don’t think Pakistan is such a big fool that it would engage in a war with India,” he said. “If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality,” he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi’s visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.

Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. “India must hit back in a way that hurts Pakistan the most,” he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. “Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India,” Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.

Singh lauded the central government’s firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.

Criminal justice system victimises poor and vulnerable: CJI

 

New Delhi: The criminal justice system largely victimises the poor and vulnerable sections of society and there is an urgent need for reform on multiple fronts, Chief Justice of India HL Dattu said today as he called for the scrapping of laws which criminalise begging and sex work.

 

“Not only does the criminal justice system largely victimise the poor and vulnerable sections of society, very often, laws themselves criminalise poverty and destitution,” Dattu said on the occasion of Law Day function on the Supreme Court lawns.

“In India, laws criminalising beggary, sex work and certain occupations of the tribal community are often largely seen by the scholars and human rights activists as widening the net of criminality by punishing destitution.

“Along with legal aid, there must be an intense process to redo the acts that are criminalised towards decriminalisation of acts that has a disproportionate impact on the poor,” he said at the function where Union Law Minister DV Sadananda Gowda, too, was present.

On the issue of protection of women against sexual violence, Dattu said, “We seem to be having a growing affinity for ensuring physical safety of women by curbing their freedom.

“As far as I am concerned, I would like to emphatically state in no uncertain terms that the security of women is not achieved by curbing their freedom and liberty and it is no security at all. We have to evolve some systematic reforms,” he said.

The Law Minister, who spoke before the Chief Justice, dwelt upon Prime Minister Narendra Modi’s ambitious ‘Make in India’ project, saying that the country is being converted into a major global player through the creation of a business- friendly environment.

Efforts should be undertaken to make India an international arbitration hub, he added.

He said, “The government is pushing the concept of ‘Make in India’ and converting the country into a major global player, for which we need to have a business-friendly environment.

 

 

In ‘safe’ custody

 

Meenakshi Ganguly, South Asia director, Human Rights Watch, throws light on custodial torture

In-custody torture, though illegal under law, is often resorted too, worldwide, making it one of worst forms of human rights violations. Meenakshi Ganguly, former Time journalist and now, South Asia director, Human Rights Watch, takes up a few questions here to address the subject. Excerpts:

Do you think India should also come out with an official report documenting in-custody torture as the U.S. Senate recently did on CIA’s secret torture program?

Torture and other ill-treatment are absolutely forbidden under universally applicable international laws. Most that defend torture argue, as was done by the CIA, that harsh methods are necessary when there is great danger to public security. They speak of the ‘ticking bomb.’ In fact, any experienced interrogator would agree that using torture is not effective because it can produce inaccurate intelligence or generate false leads. The Senate Select Committee on Intelligence (SSCI) report on the CIA’s detention and interrogation program shows that not only was the CIA torture far more brutal and harsh than previously admitted, it was not an effective means of producing valuable or useful intelligence. Repeated claims that the program was necessary to protect Americans turned out to be false.

India has prepared a draft bill seeking to prohibit torture. But as long as there is a culture of impunity, where public officials are protected from prosecution, the law will fail.

Some argue that our judiciary already has enough checks and balances to protect prisoners from abuse. Do you agree with it?

Indian law does not allow confessions to the police as evidence because there is concern that such confessions might be coerced. Under POTA, confessions to the police were permitted, and eventually the law was repealed because it was abused.

Although most police will argue that “third degree” is generally discouraged, in our discussions with the police we also found that it is the most used instrument in their non-existent toolkit. Overworked, where good work is seldom rewarded, junior level staff is expected to produce prompt results — and they do so by rounding up suspects and beating them, hoping to solve the case. Inevitably, they end up with false leads, often make wrong arrests and are unable to secure convictions due to lack of evidence. Poor witness protection and harassment to witnesses also means that they do not want to get involved in a long drawn out trial.

The senior officer level police complain of undue pressure from politicians and powerful figures, who can act as patrons to criminals, demanding they be protected from arrest and prosecution. Instead of upholding the law, it is the police that end up breaking it. The Supreme Court has ruled that the government must engage in police reform. This is crucial to ensure that police in India becomes an effective and accountable force. The judiciary rightly acquits people for lack of evidence. But if police does not receive the training to gather proper evidence, it also means that criminals can get away, while innocents suffer wrongful Muslim, calling me a traitor arrests, torture, and lengthy under trial detention. It also leads to an even more frightening outcome — where the police do not have evidence to convict, they decide to be both judge and executioner, doling out punishment that can range from slaps to extrajudicial killings, or fake encounters.

What vital points does HRW’s in-custody torture report of 2011 throw up?

We found that there is urgent need to implement reforms to the criminal justice system. The police in India operates as it did under colonial rule. We found that fear of police is a barrier to seeking justice. Women and children, victims of sexual attacks, said they feared further abuse if they did venture into a police station. Dalits complain that if they muster the courage to complain, they often find that the victims are made to sit on the floor outside while the upper caste perpetrators are served tea by the officer. Muslims complain of being held in suspicion.

The constabulary and the police station is often the only State presence available to the public, and it is not a pleasant experience. Many policemen agreed that they are often rude and harsh, but they also point to their own frustration, having to deal with a range of issues from domestic violence to communal riots, often because the civil administration simply fails to do its part inimplementing policy. We found police stations with desktop computers, but no electricity or even a trained operator, forget access to data and information. At some places, the residential quarters were shocking. Policemen said they are accused of demanding money when they have to travel a distance in rural areas to investigate a complaint, but said there was a shortage of vehicles or funds to pay for fuel. On the other hand, we found that many State governments are yet to establish independent and effective human rights commissions or set up a complaints authority to investigate police abuse.

Don’t we have guidelines to prevent custodial torture?

The Supreme Court and the NHRC have laid down guidelines. Unfortunately, they are routinely ignored. That is why there is such a strong demand to seek the repeal of AFSPA to be replaced by one that has stronger human rights protections. The law provides widespread powers, but protects soldiers when those powers are abused.

In the investigation of terror attacks, police have made mistakes, often due to the use of torture. The Andhra Pradesh Minorities Rights Commission, for instance, found the wrongful use of torture and recommended compensations. In one case in Orissa, we had a man tell us that he was beaten by the police so severely, his leg was fractured. In agony, when the police continued to hit his injured leg, he blurted out the names of his office colleagues, who were then arrested and tortured. All of them were charged under the counter terror laws as members of the banned Maoist groups. Eventually, they were found to be innocent by the courts.

India is yet to sign the UN Convention Against Torture. Will it help?

Pakistan, Bangladesh and Sri Lanka had even permitted UN special rapporteurs on torture to visit their countries but reports of in-custody torture continue to pour in from such countries. Police often say that human rights impose restrictions when tough measures are needed for tough challenges. Unfortunately, any compromise is only going to lead to bad outcomes.When the State allows, even rewards, its security forces to violate the fundamental principles of the Constitution, it rarely turns out well. It leads to corruption at the very least. It can also turn policemen into killers for hire, or as a military court discovered recently, lead soldiers to kill innocents for profit.

In Sri Lanka, we have documented torture including sexual abuse of suspected LTTE supporters and sympathisers. In Bangladesh, the Rapid Action Battalion was created as a counter-terror force, but instead has repeatedly been accused of extrajudicial executions. People want to feel safe. However, we often find that denial of rights can cause security challenges, but the continued violation of human rights aggravates the situation, leading to a cycle of violence and placing innocents at risk.

 

Muslims, dalits and tribals make up 53% of all prisoners in India

 

Muslims, dalits and adivasis — three of the most vulnerable sections of Indian society — make up more than half of India’s prison population, according to an official report on prisons released this month. Although the proportion of these three communities in India adds up to about 39%, their share amongst prisoners is considerably higher at 53%.
India had 4.2 lakh people in prison in 2013. Nearly 20% of them were Muslims although the share of Muslims in India’s population is about 13% according to Census 2001. Religion-wise data from Census 2011 is yet to be released but it is unlikely to be much different. Dalits make up 22% of prisoners, almost one in four. Their proportion in population is about 17% according to Census 2011. While adivasis make up 11% of prisoners, their share in the general population is 9%.

Most experts say that this disturbing trend is not because these communities commit more crimes. Rather, it arises because they are economically and socially under-privileged, unable to fight costly cases or often even pay for bail. Some say that these communities are targeted with false cases.

Former chief justice of Delhi high court Rajinder Sachar, who headed the committee that brought out a report on the condition of Muslim community in India in 2006, pointed out that there had been several cases of Muslim youths being acquitted after years in prison.

“Poverty is more prevalent among these three communities and that becomes an obstacle in dealing with the legal system,” said Colin Gonsalves, human rights activist and lawyer.

“Our system has an ingrained communal and casteist bias. Also, the proportion of these communities in the police officers and even judiciary is less. These are key factors behind this shocking imbalance,” he added.

Pointing out that nearly 68% of the prisoners are undertrials, Abusaleh Sharif, who was member-secretary of the Sachar Committee and later brought out an updated report on the conditions of Muslims, said that they had to remain behind bars  because of inability to negotiate the hostile system.
“Among those in prison under preventive detention laws, nearly half are Muslims. This is the kind of thing that the government needs to speedily investigate and resolve,” Sharif said.

 

Ramesh Nathan of the National Dalit Movement for Justice alleged that false cases are filed against dalits in order to intimidate them, causing this disturbingly high number of prisoners among vulnerable sections.

 
“In my experience as a lawyer, whenever a dalit person files a case under the Atrocities Act, a false countercase under some penal code provision is filed by the culprits,” he said.

Prison statistics are published annually by the National Crime Records Bureau since 1995, although caste breakup is available since 1999. The proportions of Muslims, dalits and adivasis have remained virtually unchanged over the past 15 years indicating that this is a systemic problem.

 

NCRB data: Almost 68 percent inmates undertrials, 70 per cent of convicts illiterate

 

Almost 68 per cent of all inmates in the 1,387 jails in the country are undertrials, according to the latest figures released by the National Crime Records Bureau (NCRB) for 2014. Over 40 per cent of all undertrials remain in jail for more than six months before being released on bail.

The percentage of undertrial prisoners who remain in jail for more than three months has also gone up from 62 per cent in 2013 to 65 per cent in 2014. The data looks worse when compared to previous years which showed a declining trend. In 2012, the figure stood at 62.3 per cent.

 

According to the NCRB data, Goa, Jammu and Kashmir, Gujarat and Punjab are the worst performing states, with over 75 per cent of undertrials remaining in jail for over three months. On the other hand, Kerala and Tripura recorded the lowest such cases — 35 per cent and 32 per cent respectively.

A large number of undertrials remain in jails due to their inability to secure bail. The highest percentage (27.3 per cent or 63,225 of the total 2,31,962) of undertrials under IPC crimes were charged with murder. Uttar Pradesh reported 17.9 per cent of such undertrials, followed by Bihar at 8.8 per cent. A total of 6,274 convicts were habitual offenders.

The NCRB data shows that there were 4,18,536 inmates in various jails against a capacity of 3,56,561. Chhattisgarh (259 per cent) and Delhi (222 per cent) were among those which reported high overcrowding. Muslims continue to form a large share of the undertrial population, with their numbers being disproportionate to their overall population.

According to the 2011 census, Muslims constitute 14.2 per cent of India’s population. But the community accounts for 21.1 per cent of all undertrials. Among the convicted inmates, however, the Muslim share is just over 16 per cent.

 

An analysis of the caste-based classification of undertrials reveals that 37.4 per cent are from general category, 31.3 per cent OBCs, 20 per cent Scheduled Castes and 11 per cent Scheduled Tribes.

A total of 318 convicts, including eight women, lodged in different jails were facing capital punishment at the end of 2014. Of these, 95 were awarded death sentences in 2014 alone. As many as 112 inmates had their death sentences commuted to life imprisonment last year.

The data also show that 1,702 imates died in jails due to various reasons, of which 1,507 were recorded as natural deaths.

 

 

 

Health  Care  for  Prisoners

 

People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment in a closed environment. Thus keeping the individual in the custody of the state, should not, however, have a deleterious effect on him. But this is, unfortunately, the case to some degree or another in many of the worlds prisons. Is it possible then to define what is healthy environment in a prison? Let alone, talking about a prisoners right to health services that are to be provided to him by the prison authorities?

The answer to this question is that prisoners have unalienable rights conferred upon them by international treaties and covenants, they have a right to health care, and most certainly have a right not to contract diseases in prison. Prison jurisprudence recognizes that prisoners should not lose all their rights because of imprisonment. Yet, there is a loss of rights within custodial institutions, which continue to occur. Public health policies are meant to ensure the best possible living conditions for all members of society, so that everyone can be healthy. Prisoners are often forgotten in this equation. They are in constant contact with all kinds of people who come in and out of prison every day. This constant movement in and out of prison makes it all the more important to control any contagious disease within the prison so that it does not spread into the outside community.

In India, overcrowding has aggravated the problem of hygiene. In many jails, conditions are appalling. At the tehsil level jails, even rudimentary conveniences are not provided. Prisoners in India are not even tested for specific infectious diseases, although all prisoners undergo a medical examination when they begin serving their sentence. No studies of the prevalence of viral infections among prison inmates have been done at a national level. India’s prison manuals provide for
segregation of prisoners suspected of having contagious diseases. A few jails have established informal contacts with medical and social organizations for counseling of inmates to prevent the spread of infections.

Violence in prison settings has many causes. Clashes may have ethnic causes, or rivalries between clans or gangs. The closed, often vastly overcrowded, living conditions also lead to hostilities between inmates. The tedious prison environment, lack of occupation of mind and body and just plain boredom, lead to accumulated frustration and tension. This environment leads the way to high-risk activities, such as use of drugs and sex between men. Some indulge in these activities to combat boredom. Others, however, are forced to engage in them, in a coercive play for power or monetary gain. Risky lifestyles can lead to the transmission of diseases from one prisoner to other prisoners, and pose a serious public health risk if unchecked. Contracting any disease in prison is not part of a prisoners sentence. This fact becomes even more significant when the disease is potentially fatal, as is the case with HIV/AIDS.

The Supreme Court of India in its landmark judgment in Parmanand Katara vs Union of India (1989)and others ruled that the state has an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. With specific reference to health, the right to conditions, adequate for the health and well-being of all was already recognized in the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights ( ICESR) furthermore states that prisoners have a right to the highest attainable standard of physical and mental health.

The minimum standard rules for prisoners regulate the provision of health care for them. Apart from the civil and political rights, the so-called second generation economic and social human rights, as set down in the ICESCR, also apply to prisoners. The right to the highest attainable standard of health should also apply to prison health conditions and health care. This right to health care and a healthy environment is clearly linked, particularly in the case of HIV, to other first generation rights, such as non-discrimination, privacy and confidentiality. Prisoners cannot fend for themselves in their situation of detention, and it is the responsibility of the state to provide for health services and a healthy environment.

Human rights instruments call for prisoners to receive health care at least equivalent to that available for the outside population. On one hand, equivalence rather than equity has been called for because a prison is a closed institution with a custodial role that does not always allow for the same provision of care available outside. Prisoners are more likely to already be in a bad state of health when they enter prison, and the unfavorable conditions therein worsen the health situation. Hence the need for health care and treatments will often be greater in a prison than in an outside community. However, providing even basic health care to prisoners has proved extremely difficult in India, as the health system is chronically insufficient.

In prisons, the human environment is often one of violence and high-risk lifestyles, either engaged in voluntarily by those prisoners with positions of power, or forced upon the weaker prisoners. Prisoners have a right to live in conditions where their individual safety is guaranteed. It is paramount for the prison administration to have a thorough knowledge of how HIV is likely to be transmitted in a given prison. If sexual coercion and/or violence are the main issue, better surveillance and timely intervention to protect targeted prisoners must be enforced. HIV-positive inmates should not be denied access to recreation, education or access to the outside world.

From a strictly medical point of view, there is no justification for segregation as long as the prisoner is healthy. Solitary confinement of HIV-positive inmates should be forbidden. Any restrictions should be exceptional, such as mandatory testing for particularly risky situations, such as prisoners working as medical orderlies in hospitals or dental clinics. There may also be considerations of personal security where, for example, prisoners known to be HIV-positive request to be kept in a secure unit as they fear for their own safety.

Both prison reform and penal reform are crucial elements if the many problems affecting the Indian prisons are to be resolved. Diminishing the overall prison population will allow improvements of the physical and working conditions of the prisons, and help to ensure the security of all individuals in custody. Obviously, financial resources will have to be allotted to the prison systems as well. One effective way to curb the rise in prison populations would be to offer alternatives to imprisonment for non-violent and civil offenders.

Also Read
Prison Reforms In Indian Prison System:
All men are born equal and are endowed by their creator with some basic rights. These rights are mainly right to life and liberty, but if any person doesn’t comply with ethics of the society then that person is deprived of these rights with proper punishment.

Status of Jails In Punjab:
Goal or Jail or prison, the two forms of the word are due to the parallel dual forms in old Central and Norman respectively, ‘jaiole’ or ‘jaole’, and ‘gaiole’ or ‘gayole’. The spelling ‘jail’ is used in American prisons, were first used in England for punishment during sixteenth century.

Overcrowding of Civil Jails:
According to the Code of Civil Procedure, Section 51 empowers the court to order execution of a decree by arrest and detention in prison of the judgement debtor in appropriate cases for the period specified in section 58, CPC. No order of detention of the judgement debtor in civil prison is to be made where the total amount of the decree does not exceed five hundred rupees.

Role of Judiciary in Protecting the Rights of Prisoners:
Judiciary in every country has an obligation and a Constitutional role to protect Human Rights of citizens. As per the mandate of the Constitution of India, this function is assigned to the superior judiciary namely the Supreme Court of India and High courts.

The Problems of Undertrials:
Criminal Law of India is a replica of colonial times. It is hostile to the poor and the weaker sections of society.

Taking Prisoners Rights Seriously:
In the case of Hussainara Khatoon v. State of Bihar , a shocking state of affairs in regard to the administration of justice came forward. An alarmingly large number of men and women, including children are behind prison bars for years awaiting trial in the court of law.

 

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/  ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,    

Contact  :  Naag@protonmail.com ,  Naag@dalitonline.in   ,

 

June 19, 2017

CBI – RTI Srinath Murder

Filed under: dalit human rights — Nagaraja M R @ 10:10 am
S.O.S e – Clarion Of Dalit – Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.25…… . 28 / 06 / 2017

Editorial : Refer to CBI – BEML Housing Society Murders RTI Activists

What action has been taken against guilty office bearers of BEML Housing Society Mysuru & Benagaluru for their crimes. What action has been taken against BDA , MUDA and other public servants who aided these criminals in their crimes. Are the judges BENEFICIERIES of land crimes , so keeping mum?

Now criminals have got bail. Criminals have told a story that murder was a result of non payment of loan by RTI Srinath. Where are the documents for payment of loan amount by lender to RTI Srinath. First Police must take the RTI applications made by Srinath to MUDA & other authorities. Based on those documents , they can decipher who are the criminals , officials who stand to get exposed by those information. Those persons must be interrogated.

Many private land developers , Housing Societies have grossly flouted laws in acquiring lands , allotment of sites , development of layout , civic amenities and private developers have pocketed crores of rupees ill gotten money. MUDA is empowered by law to confiscate those layouts and to send those criminal developers behind bars. To cover up the crimes of those criminal land developers , MUDA is planning to take over those illegal layouts and in due course will use tax payers money for civic amenities , developments in those layouts. Profit is pocketed by private developer whereas tax payer is made to pay for his crimes.

Before taking those illegal layouts , MUDA must first publicize the list of illegal layouts in & around mysuru along with the name of it’s developer. What action taken by MUDA against the land developer for his violations and what action taken against the concerned jurisdiction MUDA engineer / official who failed in his duties. Just see the huge bungalows , properties owned by an Assistant MUDA Engineer , what will be the quantum with others , that too higher MUDA officials ? Secondly MUDA must publicize the list of properties owned by all MUDA officials & Members including the properties in the name of their family members , on a sworn affidavit . Corrupt MUDA officials directly proportional to Illegal Layouts.

Land Mafia is very strong , years ago when i persisted with my RTI application to MUDA & Mysuru DC i have received threats and Mysuru DC at that time P. Manivannan threatened me. But DC didn’t give me full RTI reply nor did he stall the illegal constructions. He just had a FAKE facade of “Demolish Man”.

As office bearers & members of BEML Housing Society are government of india employees and state authorities , police are not properly investigating the crimes , ideally Central Bureau of Investigations ( CBI ) must take over the case under suprme court monitoring. Ensure justice to RTI Srinath.

RIP Srinath

Your’s ,

Nagaraja Mysuru Raghupathi.

PIL – Land Mafia , Judges & RTI Activist Murder

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

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 Secretary , Government of Karnataka & 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. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

12. Now Karnataka High Court has given green signal to “AKRAMA SAKRAMA” scheme of government of Karnataka , therby HC Judges are favoring land mafia , criminals.

13. It is the duty of the government , Police & Court to give protection to journalists , whistle blowers , RTI Activists who are unearthing truths , crimes. But all of them have failed in their duties to protect RTI Activist Mr.Srinath of Mysuru who was brutally murdered.

14. Recently Karnataka high court gave clearance to Karnataka government’s regularization of illegal buildings ( AKRAMA SAKRAMA ) scheme.

a. Law is one & same for all.

b. Government authorities , police razes down , demolishes small temporary hutments built by tribals , dalits without mercy , takes suo motto action. No court comes to their rescue.

c. Till date bagar hukum lands are not given to dalits , tribals are not given land rights over their huts in forests. Is Cout blind , deaf ?

d. However when rich crooks build bungalows , commercial complexes illegally , no suo motto action taken by government authorizes , police , why ? Courts go a step further it gives stay orders against demolition of rich crook’s illegal buildings , asks government to modify plan , law itself to save illegal buildings of rich crooks.

e. Does Karnataka HC has details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves with respective after affects on neighbouring buildings , road traffic , ecology , etc and contingency plan by authorities to overcome those after affects casewise backed by technical studies. Make it public.

f. What criminal action initiated against revenue , police & other officials who failed in their duties at the first instance to stop the illegal building construction.

g. Small houses of poor people who have smaller building violations but who failed to bribe officials were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them as the court is now saying they are legal now.

h. Government & HC has given a cut off date for consideration of regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal after that date ?

i. What guarantee HC gives no illegal buildings has come up after cut off date and will never come in future ?

j. If comes what criminal action against the concerned officials ?

Bottomline : Judges open your eyes , listen , think & then act.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

Is it NOT the duty of Police , Court & Government to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists and their family ?

Why they failed to protect the life of Mysuru RTI Activist Mr. Srinath ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds and related crimes.

4. Averment:

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal—muda-bda-kiadb ,

Karnataka High Court Judges favoring Land Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia

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 following RTI questions , to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members and to annul Karnataka High Court order legalizing illegal buildings in Karnataka.

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 , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions raised above.

b. Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to answer the following RTI questions.

c. Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists & their family members and to pay compensation of minimum five crore rupees to victim’s family from public exchequer. Afterwards the property , money of alleged criminals & their family members must be seized , money recovered by the public exchequer / government.

d. Hereby , I do request the honorable supreme court of India for orders to government of Karnataka to apprehend , legally prosecute the criminals involved in the recent murder of RTI Activist Mr. Srinath in Mysuru , to pay compensation of five crore rupees from public exchequer to the family of deceased and to seize all properties of alleged criminals.

e. Hereby , I do request the honorable supreme court of India for orders to annul Karnataka High Court order legalizing illegal buildings in Karnataka and to order all Karnataka High Court Judges to make public their & their family member’s full property , wealth details on sworn affidavit.

f. Hereby , I do request the honorable supreme court of India for orders to government of Karnataka officials , Revenue department officials , MUDA , BDA officials to make public their & their family members full property , wealth details on sworn affidavit within 90 days.

g . 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.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal—muda-bda-kiadb ,

Karnataka High Court Judges favoring Land Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia

Dated : 01st January 2017 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

RTI ACTIVIST’S MURDER : POLICE DETAIN 6 FOR QUESTIONING

RTI activist Srinath

Mysuru, Dec. 31 – Six persons have been detained for questioning in the murder of Srinath, a Mysuru-based RTI activist. They were detained this morning based on the clues provided by Srinath’s family members that the RTI activist had faced threats from the corrupt as he had exposed their illegal dealings.

The 36-year-old Srinath, a resident of Rajarajeshwarinagar in city, was murdered in Srirangapatna and his body was found yesterday below the bridge that connects Karighatta and Ganjam. His body including face, legs and private parts bore deep injuries.

The six detained persons include an engineer whose house was recently raided by Anti Corruption Bureau in Mysuru where crores of rupees worth properties were recovered, his driver and four others from BEML Layout who were at loggerheads with Srinath. Though the Police are tight-lipped about the detention, sources told Star of Mysore that they are being questioned at an undisclosed location and clues to the murder might emerge by today evening.

Srinath was active in exposing the corrupt through his RTI activism and had earned the wrath of the rich and the corrupt who saw him as a roadblock for their illegal activities.

He used to fight injustice by collecting information and had made RTI a powerful weapon.

Srinath had also exposed how BEML Layout was built without permission from the Mysuru Urban Development Authority (MUDA). Through RTI, he had waged a war against some persons since the last three years for building a layout without mandatory permission from MUDA. This issue had even reached the Saraswathipuram Police Station where compromise meetings were held.

City Police Commissioner Dr. A Subramanyeshwara Rao, Deputy Commissioner (Law and Order) Dr. H.T. Shekar and KR ACP C. Mallik visited the murder spot this morning and held a meeting with in-charge Inspector of Srirangapatna Police Station M.K. Deepak and Sub-Inspector Puneet. The case will be investigated by Srirangapatna Police, sources said.

Speaking to Star of Mysore at the MMCR&I mortuary where the post-mortem of Srinath’s body was conducted this morning, his brothers V. Srinivas and Pradeep said that the RTI activist had faced threat from the MUDA engineer and some persons from BEML Layout whose Khata was not issued by MUDA due to illegality.

“All of them had openly threatened our brother and we suspect their involvement in the murder. We have also given their names to the Police,” they said.

Soon after the murder case was registered yesterday, the Police visited Srinath’s house at Rajarajeshwarinagar and recovered many documents regarding the controversial BEML Layout. Also, many documents regarding other corrupt officers have been recovered, sources said.

Yesterday, Srinath’s body was spotted by some passers-by and in-charge Inspector of Srirangapatna Police Station M.K. Deepak found the body wrapped in four bed sheets. A pit had been dug near the body where turmeric, kumkum, eggs and other items were found.

According to the Police, these items were usually used in black magic and as Dec. 30 (Thursday) was a New Moon (amavasye) the killers would have placed the items to mislead the investigation team.

The Police also suspect that the assailants might have dumped the body near the river after killing him elsewhere.

Srinath had gone out from his house on Thursday evening on his bike (KA-09-HH-5332) and when his brother V. Srinivas had called him up at 7.30 pm Srinath had replied that he was heading towards the house of building supervisor Kumar at Vijayanagar and would return soon.

As Srinath did not return and both of his mobile phones were switched off, the family members had lodged a missing person complaint at the Kuvempunagar Police Station. Srinath’s mobile phones and bike have not yet been recovered.

ACB raids MUDA AE’s residence, seizes cash and valuables worth crores

Mysuru: The Anti-Corruption Bureau (ACB) police raided the residence of assistant engineer of Mysore Urban Development Authority (MUDA) on December 6 and seized jewellery and lot of vital documents related to properties owned illegally by him.

Based on definite tip offs and complaints from general public, ACB cops raided the residence of Assistant Engineer Mahesh.

It is gathered that large volumes of currencies totaling to crores of rupees, including the new and spiked ones were seized during the early morning raid.

ACB Superintendent of Police Kavitha led the team of officials comprising DySP Gajendra Prasad, Inspector Anil Kumar and other police personnel.

Are Karnataka HC Judges favoring Land Mafia ?

Recently Karnataka high court gave clearance to Karnataka government’s regularization of illegal buildings ( AKRAMA SAKRAMA ) scheme.

1. Law is one & same for all.

2. Government authorities , police razes down , demolishes small temporary hutments built by tribals , dalits without mercy , takes suo motto action. No court comes to their rescue.

3. Till date bagar hukum lands are not given to dalits , tribals are not given land rights over their huts in forests. Is Cout blind , deaf ?

4. However when rich crooks build bungalows , commercial complexes illegally , no suo motto action taken by government authorizes , police , why ? Courts go a step further it gives stay orders against demolition of rich crook’s illegal buildings , asks government to modify plan , law itself to save illegal buildings of rich crooks.

5. Does Karnataka HC has details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves with respective after affects on neighbouring buildings , road traffic , ecology , etc and contingency plan by authorities to overcome those after affects casewise backed by technical studies. Make it public.

6. What criminal action initiated against revenue , police & other officials who failed in their duties at the first instance to stop the illegal building construction.

7. Small houses of poor people who have smaller building violations but who failed to bribe officials were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them as the court is now saying they are legal now.

8. Government & HC has given a cut off date for consideration of regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal after that date ?

9. What guarantee HC gives no illegal buildings has come up after cut off date and will never come in future ?

10. If comes what criminal action against the concerned officials ?

Bottomline : Judges open your eyes , listen , think & then act.

Why MUDA , BDA officials and Public Servants NOT Answering ?

To,

Shri. Dr.Sindhe Bhimsen Rao . H ,

RTI APPELLATE AUTHORITY & CPIO ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

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.

Please go through the some of actual criminal cases of land grabbings enclosed herewith.

“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 officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ?

We salute honest few in public service , 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 ,

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

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

Main A :

1. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ?

2. If not , why ?

3. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

4. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

5. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ?

6. Is this scheme applicable for only chosen few ?

7. Does this scheme also benefit rich people above BPL ?

8. Does this scheme also benefit big land developers , land developing companies ?

9. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ?

10. Does not hiding information about land crimes , in itself also a crime ?

11. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

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

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

14. Does not hiding a land crime , embolden land grabber to commit more land crimes ?

15. What action taken against BDA , MUDA & Revenue department officials who are covering crores worth land scams inspite of my repeated appeals & RTI Requests ?

Main B : RTI QUESTIONS Mysore DC , COMMISSIONER OF MUDA ( MYSORE URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC ( MYSORE CITY CORPORATION ) ARE AFRAID TO ANSWER

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city’s comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of MUDA’s / MCC’s / GOVERNMENT’s lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA’s / MCC’s resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those
violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn’t have a parking space of it’s own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it’s auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out
advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer’s money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under
& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB’s
comprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA’s / MCC’s CDP & KIADB’s industrial area development plan ? violations how many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar’s report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA’s CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it’s objections , in it’s newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO’s , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

Main C : RTI – QUESTIONS COMMISSIONER OF BANGALORE DEVELOPMENT AUTHORITY ( BDA ) , COMMISSIONER , BRIHATH BANGALORE MAHANAGARA PALIKE ( BBMP ) & CHAIRMAN , KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ( KIADB) ARE AFRAID TO ANSWER

1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has revised / modified the Bangalore city’s comprehensive city development plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by BDA / BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in bangalore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP / KIADB / GOVERNMENT?

8. how many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the BDA / BBMNP / KIADB / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized , regularized such illegal occupation just through BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in bangalore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by BDA / BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

14. has the BDA / BBMNP / KIADB / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action BDA / BBMNP / KIADB / GOVERNMENT has initiated against real estate firms & housing societies who have violated BDA / BBMNP / KIADB / GOVERNMENT norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by BDA / BBMNP / KIADB / GOVERNMENT. When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn’t have a parking space of it’s own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by BDA / BBMNP / KIADB / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by BDA / BBMNP / KIADB / GOVERNMENT? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated BDA / BBMNP / KIADB / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On BDA / BBMNP / KIADB / GOVERNMENT sites building temporary huts , BDA / BBMNP / KIADB / GOVERNMENT with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy BDA / BBMNP / KIADB / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , BDA / BBMNP / KIADB / GOVERNMENT or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by BDA / BBMNP / KIADB / GOVERNMENT?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the BDA / BBMNP / KIADB / GOVERNMENT arecovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the BDA / BBMNP / KIADB / GOVERNMENT giving wide publicity & sufficient time to bidders about it’s auction schedules ?

26. is the BDA / BBMNP / KIADB / GOVERNMENT giving market value to land loosers ?

27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP / KIADB / GOVERNMENT or other land developers ?

31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around bangalore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer’s money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by BDA / BBMNP / KIADB / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around bangalore city , in how many areas developed by BDA / BBMNP / KIADB / GOVERNMENT & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by BDA / BBMNP / KIADB / GOVERNMENT & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the BDA / BBMNP / KIADB / GOVERNMENT is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB’s comprehensive industrial area development plan ?

40. has the BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT’s industrial area development plan ? violations how many ?

42. is the BDA / BBMNP / KIADB / GOVERNMENT revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar’s report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA’s CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it’s objections , in it’s newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO’s , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by BDA / BBMNP / KIADB / GOVERNMENT in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by BDA / BBMNP / KIADB / GOVERNMENT, on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some BDA / BBMNP / KIADB / GOVERNMENT officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

57. why BDA didn’t file police complaint to evict encroachers?

58. why BDA didn’t inform the descendents of original allottee about the cancellation of their allotment ?

59.what happened to the money deposited by original allottee?

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?

61. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ?

62. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann’t be found ie lost . is it legal ?

63. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE.

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

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

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

YEAR TO WHICH ABOVE PERTAINS : DOCUMENTS PERTAINS TO YEAR 1995 – 2015 .

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

PIO , CHIEF MINSTER’S OFFICE , GOVERNMENT OF KARNATAKA , VIDHANA SOUDHA , BANGALORE.

FEES PAID : IPO 16G 733464 for Rupees TWENTY only

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

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

PIL – Land Mafia and Judges

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 Secretary , Government of Karnataka & 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. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds.

4. Averment:

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal—muda-bda-kiadb ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities 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.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal—muda-bda-kiadb ,

Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

HC Judges Favoring Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia ,

Why NOT Demolish Illegal Bungalows of Ministers

https://sites.google.com/site/sosevoiceforjustice/why-not-demolish-illegal-bungalows-of-ministers ,

Judges Murder RTI

https://sites.google.com/site/sosevoiceforjustice/judges-murder-rti

BEML Housing Society – RTI Murders

https://sites.google.com/site/eclarionofdalit/beml-rti-murders

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/ ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,

Contact : Naag@protonmail.com , Naag@dalitonline.in ,

Naag@torbox3uiot6wchz.onion ,

Older Posts »

Create a free website or blog at WordPress.com.