SOS e Clarion Of Dalit

April 23, 2009

Citizens Vs VVIPs

Filed under: dalit human rights — Nagaraja M R @ 2:33 pm

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R VOL.3 issue. 16 22 /04 / 2009 EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACY Freedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom – urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals . based on these in -born natural traits of a human being – a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. As there is a boundary line to the field, there are certain limits – social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every one i.e. freedom, guarding one-self & his fellows not to cross that limit is ” Responsibility/ Duties”. As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightened citizens or press. This in-born urge to freedom is therefore a natural birth right, a human right. Democracy-the system of governance based on the natural traits of human beings and ensuring their organic growth, is built upon this very foundation. Thus The Constitution of India” has rightly incorporated it in letter & spirit , in the very first page as the pre-amble & the fundamental rights. The boundary line, the limit is the ” Fundamental Duties / Responsibilities”. one of these fundamental / human rights is ” Freedom of Speech & expression (Right to Information) ” As per the constitution of India nobody the President, Prime minister, Chief Minister, Speaker, Judges nor a Journalist has special rights which makes him superior to a citizen of India, under special, critical circumstances constitutional functionaries are empowered with special privileges only to safeguard the democratic set-up, to safe guard the unity & integrity of the nation but not to make themselves superior & to subjugate his fellow citizens into slavery. Nowadays due to widespread criminalisation – unwanted elements have entered into corridors of power – politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media / press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people, criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people – It is the key to their riches . So some of these constitutional functionaries physically assaulted media persons, got them beaten – up & even murdered the dissenting media / human rights activists. The speakers of the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don’t even attend the house punctually. Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals – the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information / expression – The Media / press. Nowadays it is becoming frequent with Judges & the people’s representatives, to slap contempt proceedings “Against Journalists & citizens” who demand information / accountability & against those who speak – out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through “Legal Immunity Privileges”. The recent cases are the “Roost resort case involving Karnataka High Court Judges” where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu” & “Murusoli”. Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official’s secret act Reservation Policy, Article 370, various non-uniform civil codes etc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning democracy. Ensure , protect & preserve it. JAI HIND VANDE MATARAM Your’s Sincerely, NAGARAJ. M.R. NARCO-ANALYSIS – RIGHT OR WRONG? The advances in science must be used by the police to find out the truth, to solve the mysteries of the crimes. It is the better option for both investigation / interrogation than the classical interrogation method involving third degree torture, where in the accused breaks -down & blurts out the truth, usually, in most of the cases innocents unable to bear the torture confesses to the crimes they have not at all committed. The scientific tools of interrogation namely Narco-analysis . Brain mapping & polygraph Tests must be made mandatory for interrogation. The perpetrators of third degree torture i.e. Police Military personnel must be punished severelly. Not just on innocents, even on proven criminals police have no rights to torture. It is grossly inhuman & illegal. At present, there is certain bias in the usage of scientific interrogation tools:- 1) Generally everybody is afraid of police & their corrupt practices. Even innocent persons are frightened of false fix-ups & third degree torture by police. This fear shows up in their heightened anxiety level, changes in their blood pressure, respiration, heart-beat etc., There are chances of misinterpreting this as the “Fear of a criminal of being caught”. 2) These scientific tools are in the hands of police only. Therefore it is biased towards the police or prosecution in a case. Forensic science labs where these scientific interrogations are conducted are under the control of Police department . Fundamental objective of police is to prove their case, the prosecutions stand point rather than finding out the truth. Sometimes, the stand points of prosecution police are influenced by caste, political & monetary considerations. This bias reflects in the preparation of the “Questionnaire by the Interrogator” The interrogator if he wants to bring out a negative image of the accused before the court, he prepares the questionnaire such that only negative issues come out as the answers. If the accused has got political patronage & has paid hefty bribe to the police questionnaire is prepared such as to bring out a positive image, to highlight innocent image of the accused. Leaving out all other related questions, which brings out truth, a negative image of the accused. The police are the one who decide the fate, destiny of the accused. 3) Every human being has two personalities with in his sub – conscious mind one personality is evil, selfish & craves for all material pleasures. The other personality is good , humane & sociable one. Whenever an issue comes up before a human being , whenever a human being sees, reads or hears a subject two opinions are formulated about it by him. One by his evil, selfish ego the other by his good, humane self .A perfect human being, a social being is one who controls his mind, contains the evil influences of his selfish self and follows the guidance of his good self. This readily expresses itself through good humane social actions. A criminal is one who does not have control over his mind and acts according to the evil guidance of the selfish self. There are chances of mis-interpretation during scientific interrogation . If you expose only evil self you will get a negative image or else if you expose only the good self you will get a positive image of the accused. For a balanced view, you have to see the both evil-self & good self of the accused together with his past & present actions. 4) At present only it is the prosecution who can use these scientific interrogation facilities, but not the defence. In the fake stamp paper scam during Narco Analysis , king pin Mr. Karim Lala Telgi blurted out the truth – gave out the names of his VVIP accomplices, Police accomplices, his business details, so far so good. Hereby I do request you to order both the union government & all state governments :- 1) To keep the forensic science laboratories under the control of autonomous bodies like National Human Rights Commission. 2) To make the scientific facilities of interrogation available for both the prosecution & the defense of course, for a fee. 3) To enact legislation to subject the corrupt investigating officer, corrupt public prosecutor, corrupt presiding judge of the case, etc., to scientific interrogations, by both the defense & prosecution. 4) To factor in the allowances for the natural fear for police (for their corrupt, ruthless, devil face). 5) To create an unbiased impartial atmosphere free of fear or favor to conduct the scientific interrogation. 6) To enact guidelines for scientific interrogation for framing questions to bring out both good & evil self in the sub conscious to have a balanced view of the man under question together with his past & present actions . 7) To make it mandatory for all cases including VVIPs . In various cases scams, involving VVIPs cases drag on for years. Public money is wasted through waste of deliberations of the house ( Parliament, Legislative Assembly), Waste through constitution of Parliamentary committees , Judicial commissions, why not all those VVIPs accused of involvement in scams subjected to tests like Narco analysis, poly graph, Brain finger printing etc., So that L K Advani & Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia gandhi family will tell about Bofors, George Fernandese about Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam about Telecom purchases, Lallo Prasad Yadav about fodder scam. The scam tainted VVIP list goes on. Why not these VVIPs are subjected to scientific interrogation with unbiased questionnaire? FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest. 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police At the outset , e-voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues. The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like “Sherlock holmes” and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this : 1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree torture on innocents. 2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree torture is used on innocents. 3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd degree torture on innocents. Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn’t have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them. There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100’s of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don’t police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police. In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don’t police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police. All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks. Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias. hereby we urge the GOI & all state governments : 1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings. 2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc. 3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim’s of 3rd degree torture & encounter killings. 4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture. 5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents. 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court. 7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar. 8) To make public justice A.J.Sadashiva’s report on “torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA”. 9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor. 10) To include human rights education in preliminary & refresher training of police personnel. 11) To recruit persons on merit to police force who have aptitude & knack for investigations. 12) To insulate police from interference from politicians & superiors. 13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police. 14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely. 15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works. FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy. 1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? 2) What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House 3) What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. 4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. 5) Are the privileges defined & codified ? 6) Are these privileges above freedom of the press ? 7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? 8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? 9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? 10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? 11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. 12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? 13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ? 14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? 15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? 16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? 17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? 18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? 19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? 20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? 21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. 22) What is the criteria for admitting a P.I.L. & giving free legal aid ? 23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ? POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF INDIA From, NAGARAJ.M.R. LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE – 570017. Through, Honourable DG & IG of Police , State Police H.Q , Bangalore. To, Honourable Circle Inspector of Police, Vijayanagar Police Station, Mysore. Honourable Sir, Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India Reference: On-line grievances DARPG/E/2009/06279 , DPG/M/2009/80069 , DPG/M/2009/80070 , , , , In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats – unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it’s tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta. Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people’s last hope , democracy is dead. nowadays we are hearing too many reports of irregularities in judiciary. our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon’ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample : 1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians & public of importing nations who are importing the same dangerous products from india . 2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers. 3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies. 4. The reports in media about certain highly placed public servants leaking india’s defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence. We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the above two public servants on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. thanking you. Date : 16.04.2009 your’s sincerely, Place : Mysore nagaraj.m.r. edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: , , , e-mail : ,


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