SOS e Clarion Of Dalit

October 19, 2010

Crimes of President of USA

Filed under: Uncategorized — Tags: — Nagaraja M R @ 1:20 pm

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

Editor: NAGARAJ.M.R… VOL.4 issue. 43…… 27/10/2010

home page:
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/

e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

EDITORIAL : 9/11 , 26/11 – SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM USA , PAKISTAN & INDIA

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

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

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

Visit , read the petition & support by signing the petition demanding
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.

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

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

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

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

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

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

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

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

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

Your’s sincerely,

Nagaraj.m.r.

CRIMES OF U.S PRESIDENT

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

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

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

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

AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
– By American Citizens

Our country was known as ” Heaven On Earth” , “Land of Equality & Equal Oppurtunity” & the “Statue of Liberty” rightly symbolized the spirit of our country. Now USA is known as a “Terror State”.

In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries.

In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don’t deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ?

Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public :

1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?

2. is not Al-queda , Taliban creations of USA ?

3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main

4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?

5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?

6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?

7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?

8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?

9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?

Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .

Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.

Recently , in the issue of weekly publication “The Week” , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi’s assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer’s money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care.

Recently , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer’s money. While ordinary Pakistanis were suffering from starvation , lack of health care , etc.

All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn Murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN.

Hereby , we appeal to the Honorable Chief Justices of supreme courts of USA , INDIA , PAKISTAN , BANGLADESH , SRILANKA & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM & murdering innocent people in their respective countries .

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

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

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

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

Hereby, I do request your kindself ,

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

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

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

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

CHIEF JUSTICE OF INDIA & CORRUPT PUBLIC SERVANTS Silencing The Voices Seeking Justice VOICE OF HUMAN RIGHT ACTIVIST

In India, it is nothing new to silence voices seeking justice. Only on paper , in the book called “Constitution of India” , every citizen is treated as equal . In practice , public servants behave as public masters & treat commoners worse . In Their crimes & actions our public servants even outsmart British occupiers. The criminal nexus of politician – police – public servant goes to any length to silence the voices seeking justice , to threaten them , to cut-off their sources of livelihood , to falsely implicate them fix them in criminal cases , to assault them & finally to finish them. Indian judiciary has failed to uphold the “The Constitution of India” in letter & spirit. NOW, ONE MORE VOICE SEEKING JUSTICE IS ON THE FIRING LINES OF CRIMINAL NEXUS – the voice of Mr. Nagaraj . M . R . editor , S.O.S-e – Voice For Justice. Nagaraj will sooner or later will be added along with satyendra dubey & shanmughan Manjunath , by the criminal nexus.

In india , Law is one & same for all , however in it’s implementation & enforcement , the public servants are practicing double standards. Poor Innocents are harassed , tortured all in the name of law , rules , technicalities .

Whereas , Rich Criminals are manipulating the evidences , records & are going scot free. The Public Servants treat Rich Criminals Favourably with kid gloves ofcourse for a price.

Now , take for instance , public servants of the rank of supreme court chief justice & President of india are hiding information relating to crime , covering-up crimes , violating commoner’s human rights , fundamental rights , obstructing citizen from performing their Constitutionally prescribed Fundamental Duties as Citizens of India , no action by police , they are not even registering the complaint.

Whereas , if a commoner cover-ups a crime or evidence , he also becomes a criminal , if a commoner violates the fundamental / human right of a rich person , if a commoner obstructs a public servant from performing his public duties , all those become crimes & he is legally booked for each counts.

Why not police registering complaint against the corrupt public servants for their crimes & it’s cover up. IS IT NOT DOUBLE STANDARD.

Will you lend your support for this democratic , non-violent struggle for peace , justice , along with Mr.Nagaraj.M.R. All humane persons are welcome.
Read

http://sites.google.com/site/eclarionofdalit/cji-others-silencing-a-human-rights-activist

Truth Behind 9 / 11 WTC Attack

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

http://countercurrents.org/griffin080710.htm ,

http://www.911truth.org/ ,

Double Standard : BP And Bhopal

By Bill Quigley & Alex Tuscano

When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the lives of the people of India.

BP should pay $20 billion in compensation, probably even more. The people of India agree with that.

But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial disaster in history.

The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people within two weeks, and disabled hundreds of thousands of others – many still suffering from physical damage and genetic defects.

The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.

The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the heart of India. Most people in the area lived in shanty huts.

Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused widespread birth defects in children and even grandchildren of those exposed.

The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and chromium.

While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.

Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. “Just between you and me, shouldn’t the world Bank be encouraging MORE migration of the dirty industries to the Less Developed Countries?… I’ve always thought that under-populated countries in Africa are vastly UNDER-polluted…”

Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap labor but also to avoid disastrous impact of these industries on the advanced countries.

Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union Carbide, is attempting to distance itself from all responsibility.

In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of justice for one of the world’s greatest disasters.

We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all people, no matter where they live.

Together we must bring about change in corporate development. We have to emphasize social production for the needs of people and improved social relations.

If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not last.

Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree Indian prophecy “Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when the last fish has been caught, only then will humankind learn that money cannot be eaten.”

Saving Democracy From The Corporate Veil

By Gopal Krishna

Five things the US should do to quell the global outrage after the recent verdict in the Bhopal gas leak case and provide some justice to the victims

The labour pains for giving birth to an understanding of a trans-national corporation, the scope of its civil and criminal liability, its corporate veil and the chemical disaster of Bhopal is still far from over. By now it is clear that unless US government decides to act no one else can get to the bottom of the most complex industrial catastrophe known to mankind in the 20th century. Without the helpful intervention by the US President Barack Obama, the litigation process will never be able to provide justice to the victims and penalise the natural and artificial culprits.

As democracies, like Indian government, is it time for US government too to act as parens patriae (guardian) for the past, present and future victims of Bhopal in particular and for justice seeking people of the world. The parens patriae doctrine which was deemed as a pioneering innovation in jurisprudence was invoked for the protection of all victims of disaster but was sabotaged.

While government of India enacted itself as parens patriae, Dow Chemicals Company (after Union Carbide’s merger in 2001) and its agent in the government have enacted for themselves a similar role for the global community of the trans-national corporations against justice seeking victims.

The global outrage against such sabotage stage-managed under the guidance of US government that has become evident in the aftermath of the June 7 verdict merits President Obama’s intervention to set matters right. Taking recourse to judicial escapism instead of acting to evolve a jurisprudence of liability for corporations gravely endangers people’s trust in democracy everywhere.

The deafening silence of the US president and legislature to ensure justice to the victims of corporation engineered mass disaster if not broken would constitute “yet another instance of American imperialism” in the words of US Judge Keenan who heard the Bhopal case in New York district court.

Unaccountable and ungovernable corporations are a threat to all the democracies. If democracy in US and India is indeed non-negotiable, it merits global efforts to Dow Chemicals and Warren Anderson accountable. This is required to fix the liability of a trans-national corporation. In a historic and touching “extraordinary act a foreign sovereign government seeking justice in an American court”, India had appealed to the democratic judicial system of US for relief in the matter of industrial disaster of Bhopal caused by a US multinational corporation. How democratic governments of US and India respond to provide legal remedy sets a precedent that either legitimises or delegitamises its very existence.

The government of India filed a suit on September 5, 1986 for damages in the court of district judge, Bhopal (Regular Civil Suit N. 113/86) against the US company, Union Carbide Corporation, Connecticut, USA on behalf of all the persons, who have suffered damages due to Bhopal gas leak disaster praying for “a decree for punitive damages in an amount sufficient to deter the defendant Union Carbide and other multinational corporations involved in similar business activities from willful, malicious and wanton disregard of the rights and safety of citizens of India.” The Indian government noted in its reply in the court that Union Carbide’s management policies, states that “it is the general policy of the corporation to secure and maintain effective management control of an affiliate.”

If the US is indeed a democratic state, its constitution is still alive then it must make corporations like Dow Chemicals and British Petroleum liable and accountable for their acts of omission and commission. The following steps are required in US towards that end:

1. The US government should accept the above submission of the government of India that “the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit”. Consequently, an illegal act by it be deemed as the act of the corporation, without consideration to its location of responsibility. The customary alibi of corporations like Dow Chemicals is an act in sophistry designed to conceal fact of crime and criminals of the upper-world. The US government should disclose all the trade secrets of the Union Carbide Corporation and its research and development centre that Union Carbide operated in Bhopal since 1976 that was suspected to be experimenting with wartime use of chemicals. This suspicion regarding the disaster being a consequence of experimenting with war time chemicals is yet to be probed. US government should undertake and facilitate such probe.

2. The US government must take note of the verdict by the chief judicial magistrate, Bhopal, wherein it is stated, “Warren Anderson, UCC USA and UCC Kowlnn Hong Kong are still absconding and therefore, every part of this case (criminal file) is kept intact along with the exhibited and un-exhibited documents and the property related to this case, in safe custody, till their appearance”. In the interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Anderson at the earliest.

3. Dow Chemicals Company has set aside $2.2 billion to address future asbestos-related liabilities arising out of the Union Carbide acquisition. How is that Dow Chemicals can take the asbestos liability of Union Carbide and not the liability for the industrial catastrophe in Bhopal? The US government should volunteer its assistance in ascertaining the Bhopal disaster’s inherited liability of Dow Chemicals Company.

4. The US government should promote acceptance of the resolution of UN Sub-Commission on the Promotion and Protection of Human Rights that approved the ‘UN norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights’ as a step towards ensuring corporate accountability. Article 18 of the norms called on trans-national corporations and other business enterprises to make reparations for damage done through their failure to meet the standards spelled out: “Transnational corporations and other business enterprises shall provide prompt, effective and adequate reparation to those persons, entities and communities that have been adversely affected by failures to comply with these norms through, inter alia, reparations, restitution, compensation and rehabilitation for any damage done or property taken. In connection with determining damages, in regard to criminal sanctions, and in all other respects, these norms shall be applied by national courts and/or international tribunals, pursuant to national and international law.”

5. In memory of victims of Bhopal, the US and Indian governments should call for a mandatory regime for regulating trans-national corporations unlike UN’s voluntary global compact and reject the report of the United Nations Secretary-General’s Special Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self compliance by the companies saying, “While corporations may be considered organs of society, they are specialised economic organs, not democratic public interest institutions.

If there is one lesson that democracies across the world have clearly not learnt from industrial disasters, it is to ascertain the nature of all the genocidal acts of corporations and the very legal design of the corporation so as to make it genuinely governable by democratic legislatures. A befitting tribute to victims of Bhopal lies in learning this lesson in order to prevent future industrial warfare that irreparably undermines intergenerational equity.

The Cost Of An Indian Life

By Dr. Vispi Jokhi

Twenty-six years ago the people of Bhopal were exposed to a lethal gas in one of the world’s worst industrial accident. But, was it an accident? The answer is contrary to popular perception a resounding “No”. Because we as a nation have rulers who have devalued our lives to such an extent that we have not one but many Bhopals which have occurred in the past, which occur daily and will continue to do so in the future and we will not even notice or see and raise even a whimper of protest any of these events.

To just list a few examples I would like to mention more than a lakh suicides by farmers all over the country, sub-saharan levels of hunger poverty and destitution, high infant and maternal mortality due to lack of sanitation and clean drinking water and primary health care facilities, callous displacement of tribals and the poor in the name of large dams, factories, mines, SEZ’s, factories, ports. I can go on and on. But is it only the Government who needs to be blamed? Are we all not guilty with our apathy and complicit acceptance of these policies of successive governments? Our obsession with GDP, sensex driven growth has led to wanton destruction of the environment and massive unrest among the poor and dispossessed masses of India. Besides the above issues, India loses so many human lives to natural disasters like floods, earthquakes, drought and such other phenomenon. All this was accepted as our karma when we were ruled by the Englishmen, but in 1947 our rulers gave us a constitution which pronounced that we became a sovereign socialistic secular republic where all citizens are equal before the law.

Our “chalta hain ” attitude and disregard for rule of law and poor civic sense are responsible for state of our nation today. We need to turn the mirror to our own faces and correct ourselves. Our non-caring so long as the issue is not directly related to us is completely wrong as we must realize that in the welfare of all lies our own welfare. Discipline, civic sense, compassion for our poor unseen brethren, moderation in all aspects of life are the stepping stones to reversing the reasons for the Bhopals. We must put a value to the life of every Indian and not allow people to become mere statistics. Accountability, rule of law and equality before law must be the corner stones of the future path of our nation.

Bhopal is a mere symptom of a deep rooted disease which needs to be tackled by systemic change and course correction in favor of a sustainable economic growth pattern based on human happiness sound ecological principles. I do not see any attempt to do this in all the sound and fury of the outrage which the Bhopal verdict has elicited among the middle class.

http://vhjokhi.blogspot.com

NUCLEAR LIABILITY IN INDIA

Before enacting the law on “Nuclear Accident Liability Bill” , Government of India should consider the following issues

1. The term Nuclear Accident must include the damages caused due to radiation leak affecting the employees in the nuclear facility , the people living near the facility & people affected by the effluents , scraps generated by the nuclear facility.

2. The government of India does not have any right to fix a price tag for the lives of Indians , that too cheaper than US public.

3. The Nuclear power generating companies must incorporate safety infrastructure & procedures as they do in US market , not any obsolete technology.

4. In USA & other developing countries , they have very huge , efficient social security network , vast pool of resources put in by nuclear power generating companies themselves , to take care of the affected in case of a nuclear accident . In India we don’t have that type of social security network nor matching resources , therefore ideally India must fix a nuclear liability cap much higher than US market in dollar terms.

5. Also the company must be made liable for the complete clean up of the facility & surrounding towns , villages , health care to all the affected victims on par with US market , in case a nuclear accident happens.

6. The Nuclear Equipment Suppliers , Nuclear Plant Operators together with their respective governments like USA , UK must stand as guarantors .

7. The Life Insurance Companies in India Must pay insured amount to nominees of insured in case of nuclear accidents / radiation affects in addition to compensation by the nuclear power companies . as of now many life insurance companies are not covering nuclear accidents / radiation affects.

Neither our MPs , Cabinet ministers nor IAS babus have the right to decide the fate of common people & fix a rate for lives of Indians. They are not experts in this field , they should not conclude any deals , decisions in a hush hush manner . Many scams have come out of hush hush deals . Nobody , no MP , no minister , no IAS officer has paid from his personal pocket to the victims of industrial disasters , etc. After all MPs , Ministers , IAS babus are public servants , they must just represent the voices of people , we people don’t want their personal expertise & opinions. Our Policy makers must heed to the public advice of senior scientists , experts in the field of nuclear power generation .

Ofcourse , as a result unit price of electricity will get front loaded , we may not get cheap electricity . but the lives of Indians are much valuable than Electricty. The person who benefits from cheap electricity – Industrialists does not pay from his pocket to the victims of disasters . Development not at the cost of safety & lives. This must dawn on our ill informed policy makers at the earliest .

What if a nuclear accident happens
– BILL LIMITS LIABILITY OF OPERATOR TO RS 5OO CRORE, ANYTHING ABOVE WILL BE GOVT RESPONSIBILITY

What is the bill’s purpose?

The Civil Liability for Nuclear Damage Bill seeks to set down mechanisms and rules for liability claims and payments that might arise because of a nuclear incident and to pave the way for India to join an international liability regime.

What kind of nuclear liability regime does India have at present?

All of India’s nuclear power reactors and nuclear facilities are owned by the central government, or by the Nuclear Power Corporation and Bharatiya Nabhikiya Vidyut Nigam (Bhavini) — both public sector enterprises. Any liability issues that emerge from incidents become the responsibility of the central government. The inter-government agreements between India and Russia under which Russia has supplied two nuclear reactors at Kudankulam in Tamil Nadu do not clarify liability issues. This has meant uncertainty over trans-boundary liability issues.

Why has the bill become necessary now?

The Indo-US civilian nuclear agreement allows US suppliers to sell nuclear power reactors to India. But the companies have been concerned about the absence of a well-defined nuclear liability regime in India. Environmental groups believe foreign companies will be reluctant to invest without a liability regime in place because they do not want to run the risk of having to compensate without a cap for a nuclear incident. Without the bill, under the existing legal regime, a company may have to encounter absolute, unlimited and non-delegable liability.

What does the bill propose?

A leaked version of the proposed bill circulated by environmental groups indicates that the government plans to cap the maximum liability for each nuclear incident to 300 million Special Drawing Rights ($460 million or Rs 2,100 crore). This is lower than the $470 million settlement in the Bhopal gas disaster.

If the claims for compensation for nuclear damage exceed SDR 300 million, an additional 300 million SDR may be available through an international convention.

The liability of a nuclear power operator (so far only the NPC and Bhavini) for each nuclear incident will be Rs 500 crore. The limit will also apply to private companies if they are allowed entry into the sector.

The central government will be liable for nuclear damage if the liability exceeds the operator’s limit.

Why has this generated controversy?

The bill has generated the widespread perception that it will allow US companies to go scot-free in the event of a nuclear accident and saddle the Indian government with the liability — in other words, Indian taxpayers will have to pay for damages. Some environmental activists are contrasting the proposed Indian cap of $460 million with the much larger $10 billion pool of funds available in the US to cover liability and provide compensation to the public in the event of a nuclear accident. Some legal experts are arguing that there is no place for a cap on liability under Indian law. Any such legislation would be vulnerable and open to challenge and could be easily struck down as a violation of the environmental jurisprudence established by India’s Supreme Court.

Will the bill really allow foreign companies to go scot-free?

A clause in the bill appears to allow the nuclear operator to have “a right to recourse” —which would mean the operator could seek assistance — when the nuclear incident has resulted from negligence on the part of a foreign supplier of a material, equipment or service. However, this would have to be reflected in written contracts between the Indian operator (the NPC, for now) and the foreign suppliers. Environmental groups are sceptical, and fear that this will not emerge in actual contracts.

How is the bill linked to the international nuclear liability regime?

The Convention on Supplementary Compensation under the International Atomic Energy Agency provides for an international fund to compensate for nuclear damage in the event of an accident. The convention envisages a two-tier system — the state will ensure availability of at least 300 million SDR, and an international fund for which all participating nations are obliged to contribute. Any country that plans to join will have to ensure its national legislation is consistent with the convention’s provisions. By enacting domestic legislation, India could join the convention and — should the event arise — also seek money from the much larger international fund, which could help India access an additional 300 million SDR.

How is nuclear liability covered in the US?

The Price-Anderson Act enacted in 1957 ensures the availability of a large pool of funds — about $10 billion — to provide compensation to people who incur damages from a nuclear accident — no matter who is liable.

Have nuclear liability claims been paid in the US?

The American Nuclear Society estimates that the nuclear insurance pools have paid a total of $151 million in the past 43 years. The US energy department has paid $65 million.

What kind of liability regimes do other countries have?

They vary from country to country. Belgium has set a liability amount of 300 million Euros, and the France 91.5 million Euros, and the UK £40 million. Germany has set unlimited liability though a financial security limit is set at about 2,500 million Euros. Japan also has unlimited liability, but a maximum financial security limit of 60 billion yen.

Shame! India sold its dead cheap
Shobhan Saxena,

Around 22,000 dead. More than 1,20,000 injured. Rs 1 lakh for each
body. Rs 25,000 for every poisoned lung and damaged heart and blinded
eyes. 26 years of long wait. And just 2 years in jail for the men who
committed the worst crime against the people of this country. And this
mockery of justice after such a long wait. Twenty six years after 40
tonnes of lethal gas seeped into the lungs of Bhopal, families of some
17,000 men, women and children are still waiting for the so-called
compensation. Thousands more are still waiting to be accepted as
victims. People of Bhopal are still drinking toxic water poisoned by
Union Carbide in December 1984. And the main culprit is living life
kingsize in a mansion in New York.

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment — if there is a failed
state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s
not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the
ridiculous amount of $450 million dollars for the people killed and
maimed by methyl isocyanate leaked from the Union Carbide factory in
the heart of Bhopal three decades ago. In all these years, the poor
victims have done everything they could to get justice and
compensation. They have cried and died on streets, sat hungry and
faced police lathis on roads and filed court cases in the hope that
one day they will get justice.

Today, they were denied justice. Today, they were told that they
should be happy with the peanuts thrown at them by Union Carbide.
Today, India proved once again that it doesn’t care for its poor.
Today, it was proved all over again that those who do politics in the
name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren
Anderson in court. The chairman of UC at the time of the gas attack
(it was not an accident, the gas leak was caused because of cost-
cutting steps taken by him) on the people of Bhopal, Anderson was
arrested and later released on bail. He ran off to US in 1986 and we
have not been able to find him or ask the US to extradite Anderson to
India. Why? The government says it doesn’t know where Anderson is.
What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the
streets after hearing news that the Chief Judicial Magistrate of
Bhopal had ordered the CBI to arrest Anderson and produce him before
the court without delay. The court also asked the CBI to explain what
steps it had taken since 2002 to enforce the warrant and extradition
of Anderson, who was declared an absconder in 1992. Though the CBI and
US government failed to track Anderson, supporters of Bhopal victims
traced him to the elite New York neighbourhood of the Hamptons. In
2003, Greenpeace activists paid Anderson a visit at his home and
handed him an arrest warrant.

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson
as he is a “proclaimed offender”. This status suits him fine because
he doesn’t have to bother about coming to India and answer some very
crucial questions:

*Why did Union Carbide not apply the same safety standards at its
plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures
designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close
to the factory, turned off?

The victims have always alleged that Bhopal happened because of
negligence by the Union Carbide and that was caused by cost-cutting
measures taken by Anderson. Is it because of this reason that Anderson
has been ‘hiding’ in the US?

A criminal has a reason to hide, but what reason does our government
have to let a mass murderer like Anderson go scot-free. Is it because
he is an American? Can an American come to India kill people in this
country and run away with no consequences? That seems to be the case.
We are still struggling to get a chance to question David Headley
Coleman, an American citizen responsible for the worst terror attack
on an Indian city in 2008. Will we succeed in getting Headley
extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people,
particularly if they have been slaughtered by powerful people from the
most powerful nation in the world. Instead of taking on America and
fighting for justice for its poor, India is more than happy to sell
its dead cheap.

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the
cost of poor life in a failed state.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

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

Now, refer the following:-

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

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

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

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

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

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

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

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

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

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

Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ?

INDIA: Obama administration official supports corporate interests over victims of world’s worst industrial disaster

Deputy National Security Advisor Froman reveals administration’s double standards on corporate accountability for victims of Bhopal Gas Disaster

At a time when the world is focused on corporate accountability in the wake of the BP’s Gulf Oil Spill, a leaked email from the Obama administration shows that it values profit over people, when the profit benefits American corporations. The victims of the world’s worst industrial disaster were disappointed to see today that the White House is not pursuing the same levels of accountability from American Dow Chemical as it has from BP. When Dow purchased Union Carbide in 2001, the corporation acquired outstanding liability for the ongoing disaster in Bhopal, which has led to the deaths of an estimated 25,000 people in Bhopal, India following the 1984 Gas Disaster.

Today, Mumbai-based Times Now published an email chain between White House Deputy National Security Advisor Michael Froman, and Indian Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia. In response to an Ahluwalia’s email requesting assistance as India faces a sharp restriction in the World Bank’s lending, Froman replied:

“We are aware of this issue and we will look into it. We are hearing a lot of noise about the Dow Chemical issue. I trust that you are monitoring it carefully. I am not familiar with all the details, but I think we want to avoid developments which put a chilling effect on our investment relationship.”

Here Obama’s Deputy NSA apparently tied potential development aid to India with Dow Chemical’s liability in Bhopal. The White House denies any linkage between the IBRD lending and Dow’s ongoing lack of responsibility. Forman’s statement shows callous disregard for ongoing injustice and lack of accountability 26 years after the disaster. The survivor organizations in India, 5 of which have been protesting in Delhi this past month, have faced infringements on their basic rights, especially through discriminatory police abuse. A threatening statement from the Obama office could further repressive action from Indian Central Government of India.

Following months of safety cuts, on Dec 3, 1984 the Union Carbide pesticide plant in Bhopal leaked deadly gas containing Methyl isocyanate (MIC) over the city ofBhopal. In the immediate aftermath 8-12,000 people died. Currently the death toll has risen to approximately 25,000 people. Over 100,000 people are still too sick to work because of long-term health disability.

The Indian Government has been forced to address the Bhopal issue in the recent months following a June 7 verdict convicting the officials of Union Carbide’s former Indian subsidiary on charges of criminal negligence. The charges and sentence, equivalent to a traffic violation, enraged the Indian public, as did the fact the Union Carbide and its former CEO Warren Anderson have refused to appear in court to face charges of culpable homicide. Bhopal survivors say that Dow Chemical should not be allowed to continue doing business in India until its subsidiary appears in court and cleans up the site of the disaster.

The International Campaign for Justice for Bhopal (ICJB) is a coalition led by four survivor organizations along with environmental, social justice, progressive Indian, and human rights groups around the world. ICJB works to hold the Indian Government and Dow Chemical Corporation (the current owner of Union Carbide) accountable for the ongoing chemical disaster in Bhopal, India. It was set up to address the grave injustices suffered by the half million Bhopal Gas Disaster survivors.

Bhopal and the BP Oil Spill: A Tale of Two Disasters
By Madhur Singh

As BP struggles to contain the damage the Deepwater Horizon oil spill has caused to the Gulf of Mexico and to the people whose livelihoods depend on its waters, a legal judgment in the worst industrial catastrophe in history highlights how wrong the aftermath of such disasters can go — not just in terms of a cleanup but in the matter of justice. It is a terrifying lesson in how a corporation can evade full responsibility for one of the most heinous accidents in human history.

On Monday, more than 25 years after 40 tons of highly toxic methyl isocyanate (MIC) was released from a Union Carbide plant in the central Indian city of Bhopal — killing thousands in a matter of hours and over years, rendering hundreds of thousands seriously ill and causing genetic defects in yet-to-be-born generations — a local court announced its verdict. It held eight former employees of Union Carbide India Ltd guilty of criminal negligence and sentenced seven of them to two years in prison and a fine of $2,100. (The eighth defendant died during the course of the 23-year trial.) The convicted former employees were out on bail — of just $500 each — in less than two hours. Union Carbide India, which no longer exists, was fined less than $11,000. (See the legacy of the Bhopal disaster.)

The judgments are likely to be appealed. Given the speed of the wheels of justice in India, the case is likely to outlast most of the Bhopal survivors and the accused. The most prominent name in the latter category is Warren Anderson, the American CEO of Union Carbide, the U.S. parent company. He is now 89 years old. Arrested by Indian police when he visited the disaster site, he was released on bail and flew out of the country. He continues to be a fugitive from Indian law and hence has not been tried. (He is believed to be living somewhere in New York state.) At the same time, no one has been assigned responsibility for cleaning upBhopal’s ground zero, which researchers and activists say continues to leach toxic chemicals into the groundwater, used by thousands of families. (See TIME’s 1984 cover story on the Bhopal disaster.)

The outcome of the case has ignited outrage and disbelief across India. No less than the Law Minister and a former Chief Justice have said justice has been delayed and denied. The Economic Times newspaper led its front page with the headline “After 25 Years, Another Tragedy Strikes Bhopal.” “We are used to being let down,” says Rachna Dhingra of the Bhopal Group for Information and Action, her voice catching as she spoke to TIME by phone, “by our government … now even the judiciary.”

The letdowns have been serious and repeated — and apparently preordained because of decisions that facilitated the disaster itself. Investigations over the years have shown that the Bhopal plant design was faulty and that there was next to no emergency preparedness — issues that the parent company in the U.S.apparently knew about, according to the groups that conducted the studies. The company was operating in India with standards unacceptable in the U.S. (See pictures of the Gulf oil spill.)

The Indian government seemed to go out of its way to cushion the experience for Union Carbide. After first suing the company for $3.3 billion in 1985, New Delhiannounced an out-of-court settlement of $470 million in February 1989. Then a 1996 ruling by another Supreme Court judge watered down the charges against the accused from culpable homicide (with maximum punishment of 10 years’ jail term) to criminal negligence (maximum sentence two years).

The various governments that have ruled India in the meantime have not taken on Union Carbide, which is now owned by Dow Chemical. Meanwhile, Keshub Mahindra, chairman of Union Carbide India Ltd at the time of the Bhopal disaster and now chairman of India’s automobile giant Mahindra & Mahindra, was nominated for a civilian honor, the Padma Bhushan, in 2002. He had to decline in the face of widespread protests.

Although environmental legislation was ramped up in the wake of the Bhopal disaster, companies continue to operate in India in ways that severely — if not as dramatically — pollute the environment and impact people’s health and livelihoods. Britain-based mining major Vedanta, for instance, has faced censure from Amnesty International for violating the human rights of communities in Orissa, where it operates bauxite mines. India continues to be the world’s e-waste dump. Of late, the government, keen to attract foreign investment to its nascent nuclear energy market, has been pushing a bill to limit the liability of a nuclear-plant operator to $111 million. “We’ve learned nothing from Bhopal,” says Supreme Court lawyer Prashant Bhushan. “There is a drive to attract foreign investment overwhelming all other considerations.” Opposition parties have already demanded a rethink of the proposed legislation in the face of the Bhopal outcome. (See pictures of people protesting BP.)

There is still outrage that the U.S. refuses to extradite Warren Anderson to face criminal charges in India. New Delhi made the request in 2003, and it was refused the year after. U.S. Assistant Secretary of State for South Asia Robert Blake, reacting to Monday’s Bhopal verdict, said, “I don’t expect this verdict to reopen any new inquiries or anything like that. On the contrary, we hope that this is going to help to bring closure.” The Bhopal activists now plan to file a writ petition in the higher court to admit more charges against Union Carbide and Anderson, seeking an as-yet-unspecified figure for personal and property damages, health monitoring and cleanup of the site, which is likely to run into billions of dollars.

Indians point at the way the U.S. government is now confronting BP — holding it squarely responsible for the oil spill and accountable for all cleanup costs — as a stark contrast to the way their own government has dealt with Union Carbide. The hope in India is that U.S. courts will be more amenable to the requests of Bhopal’s victims now that America has a huge environmental disaster in its own backyard. The Bhopal activists say the Indian government must join the case in the U.S. as a plaintiff (indeed, it owns the land on which the Union Carbide factory was located). “Prime Minister Manmohan Singh should be inspired by President Obama’s recent commitment toward making BP pay every cent for its oil spill,” says Satinath Sarangi of the Bhopal Group for Information and Action. “And the U.S. government must follow the same standards on corporate liability for U.S. corporations operating in India as it expects for corporations operating in the U.S.”

See the world’s top 10 environmental disasters.

See pictures of critters caught in the Gulf oil spill.

BP and Union Carbide:
Corporate Responsibility or Corporate Liability
by Mukesh Williams

Two momentous events separate in time and location have seared our consciousness—the British (Beyond) Petroleum Gulf Coast oil spill on April 20, 2010 and the American Union Carbide Bhopal Gas Tragedy in December 3, 1984. Twenty five years separate these two environmental and human disasters but the greed of big multinational corporations in connivance with state and central agencies still remains insatiable. With a keen eye on profit, big companies compromise safety standards, falsify data, overstate their strength, underestimate their drawbacks, bribe officials, lobby for protection and misinform the public. It is rather difficult to fuse ethical economic standards with ravenous profit-making schemes. Though oil and gas stink most multinational corporations love it.

The neo-classical model of economics has reduced our land and environment to a mere abstraction that can be exploited in terms of supply and demand without compunction. Big companies continue to wreck havoc on our human and natural systems devastating our lives in the name of human progress and development. At such moments we often wonder where is the fashionable concept called social corporate responsibility that is often taught as a philanthropic and ethical tool in business management departments to unsuspecting students. Corporate greed like all other forms of human greed need to be kept under strict check by international pay czars or up-to-date legislation based on global standards with teeth for swift punishment. Also the rhetoric of corporate companies must be separated from what they actually do, how long they do what they do, and what they hide. A constant monitoring system both on the part of governments and private groups must be effectively installed in collaboration with the media to thwart their nefarious activities and ulterior motives.

Union Carbide Bhopal Gas Tragedy 1984

Early this month the Indian Supreme Court passed a verdict indicting the American CEO of Union Carbide Warren Anderson who was allowed to escape to the United States twenty five years ago possibly with the connivance of either the state or central agencies in India. Now both the Congress government and state ministries are trying to escape their involvement in the murky plot. Who wanted the truth then? And who wants the truth now? The declassified CIA report of December 8, 1984 and recent revelations by the principal secretary of Rajiv Gandhi, P. C. Alexander, point to political intrigue involving both state and center in releasing Anderson. Now some leaders claim that the worsening law and order situation in Bhopal in the wake of the accident forced Chief Minister Arjun Singh to provide a safe corridor to Anderson out of the country. Some like Rajinder Puri even see the direct hand of Rajeev Gandhi himself. It seems that US President Ronald Reagan phoned Rajeev Gandhi to release Anderson. The media would like us to believe that even P. Chidambaram and Kamal Nath were campaigning for Dow Chemical to get special concessions so it could invest in India. The chief minister of Gujarat Narendra Modi criticized Sonia Gandhi for the complicity of the Congress Party in the murky affair but it has come to light that he had signed an MOU between state public sector company Gujarat Alkalies and Chemicals Ltd and Dow Chemicals in April 2008. This is the case of the pot calling the kettle black.

Seemingly neither the American nor the Indian establishments saw the industrial disaster as the responsibility of the MNC Union Carbide. The company was bought by Dow Chemical Company in 1999 further camouflaging accountability. Dow Chemical was the second biggest Texas polluting company in 2009 and paid 1.14 million USD on eight counts of pollution. Now it is investing again in India with the syrupy connivance of people in power.

Even after 25 years the public would like to know if it was Arjun Singh the chief minister of Madhya Pradesh or influential persons in Rajiv Gandhi’s government at the center or the prime minister himself responsible for giving a free passage to Anderson to fly back to the U.S. India has an extradition treaty with the United States and under changed circumstances today when America itself is suffering from another MNC BP, there might be possibility of bringing the fugitive CEO back to justice if India can put together enough evidence. Greenpeace believes that in the 1982 safety audit of the Bhopal factory in the US addressed thirty safety hazards. Anderson knew about them and compromised safety standards causing the death of 20,000 people and affecting 578,000 to date. To make the tragedy reprehensible the out of court settlement made Union Carbide pay a sum of 470 million USD instead of 3.5 billion initially demanded, with each victim getting a measly sum of 550 USD in 1989. In the same year Exxon oil spill in Prince William Sound Alaska forced the company to pay 5 billion USD of which it paid half. Even today there is 425 tons of hazardous waste in Bhopal left by Union Carbide that needs to be cleaned. Who will do it—Dow Chemical or the Indian state government?

Anderson now 90 years lives in a luxury home worth 900,000 USD at 929 Ocean Road, Bridgehampton, Long Island, New York. He is now less of a fugitive and more of a monarch (Sonnenfeld, 1991). It is obvious that in many cases justice delayed is justice denied. Should we stop big companies from doing business? Should we impose heavy penalty on erring foreign companies? Or should we reform the slow and cumbrous judicial system? Jeremy Kahn writing in The Faster Times calls for judicial reform rather than protectionism (Kahn, 2010). The Indian Parliament is debating a law capping liability for foreign nuclear power companies involved in disasters to pay 100 million USD a pittance when compared to the US demand of 100 billion USD from BP. Then Indian law capping liability lacks teeth and may not cover non-nuclear companies. So they can pollute as of before.

British or Beyond Petroleum

The British are desperate to save BP from going down by bringing silly arguments like BP has been a part of America since it merged with American energy Amoco in 1998 and acquired the Gulf of Mexico drilling rights (The Independent, “Cameron Warns Obama over Criticizing BP” 13 June 2010). The new British Prime Minister David Cameron has also chipped in underscoring the sustained “economic importance” of BP to both Britain and America. American President Barrack Obama however is needled by US senators, whose states have been ravaged by oil spills, to push for 100 billion USD compensation, which if realized would force BP to go bankrupt. The British media believes that Obama’s anti-British rhetoric is testing Anglo-American relations. Obama claims that American relation with Britain has not been affected. The environmental disaster caused by a British multinational company should have nothing to do with national identity but corporate liability. Obama has called BP the Swedish Chairman Carl-Henric Svanberg, who earns a fat cat salary of 3.8 million USD, to the White House for consultations.

The British are cut up with Obama’s off the cuff remark that he would have fired BP’s chief executive Tony Hayward if the latter had worked for him. With US pressure rising BP may not pay its quarterly dividends which are essential to maintain equilibrium for UK pension funds. The 6.7% shares lunge in the FTSE has adversely affected pension funds in the UK. If the status quo is not altered by American pressure groups BP might only have to pay 20 to 37 billion USD provided it can be proved that BP failed to meet safety regulations in the deep sea oil drilling.

Now BP is using two kinds of dispersants manufactured by Nalco—Corexit 9500 and Corexit EC 9527A. Corexit (deodorized kerosene) is banned in the United Kingdom as even 2.61 ppm can kill 50% of fish in 96 hours. The dispersants turn the oil slick into small particulates which settle on the sea bed and make things look clean on the surface, but they destroy marine life below. Corexit however is on the approved list of dispersants by the US Environmental Protection Agency though the EPA has advised BP to use less toxic dispersants. BP however refused citing lack of availability. The toxicity of the present dispersants increase when they get mixed with oil. BP has links with Nalco. BPs has poured 1,621,000 gallons of dispersants in the Gulf of Mexico to contain the oil spill and has ordered for an additional 805,000 gallons. The ill effects of the dispersant on humans can result in various diseases, reduced growth, kidney failure and death.

The British rely on BP as the national icon and savior of British deficit. Last year BP paid 1.4 billion dollars in taxes on its profits. The oil spill in the Gulf of Mexico is too far away for the ordinary Britons but the pension funds and BP dividends are closer home.

It stands to logic that a “large, wealthy company” which is eager to pay 1.8 billion quarterly dividends to its shareholders and whose last year’s sales and operating revenues were 239 billion USD, should pay 100 billion USD in damages. Since the oil spill began on April 22, 2010 till June 15, 2010, 55 days have gone by. And if we estimate the oil spill at 50,000 barrels a day it comes to 27500000 gallons. If each gallon spill is fined 4300 USD as the US is suggesting the actual fine would come to 118,250,000,000 that is about 118 billion USD. These figures may not be exact and are vigorously contested by BP which would like to work with half the numbers. However the end is not in sight. According to BP officials it would not be before August that the spill can be contained. If this is true then the figure could be doubled and BP would have to pay damages amounting to all the revenue it earned through sales last year.

Both the American government and public are hopeful that since earlier erring companies like Texaco was forced into bankruptcy in 1987 after paying 10.53 billion USD claim, BP too would have to cough up huge sums. And BP’s reputation does not help a wee bit whatever they claim to the contrary in those daily briefings on the Internet. BP is known as one of the “ten worst corporations” in the world when evaluated on their environmental pollution and infringement of their human rights record. It also has the dubious distinction of being the most polluting company in the United States vis-à-vis EPA toxic release data of 1991. It has been fined 1.7 million USD for burning polluted gases at its Ohio refinery. It also paid 10 million USD fine to the EPA in July 2000 for mismanaging the US oil refineries. The US Public Interest Research Group or PIRG claims that between Jan 1997 and March 1998, BP was involved in 104 oil spills. Obviously a lot of wealthy shareholders, 37% on the British and 31 % on the American side do not want this to happen.

BP’s propaganda regarding its CSR is highly effective as it tries to highlight only the positive aspects of what it has done. In the past BP has invested some money in alternate fuel and green technologies but it has been criticized for proving private funds to public universities of the California Bay Area and closing down its green technology office in London. Its critics call its green technology projects as green washing projects. BP is also a leading producer of solar panels and holds 20% of the global market in this area and it uses this fact to great advantage for image building. It operates the ampm convenience store chain in the US and other countries and is the leading producer of wind power. It is also involved in funding local and international politics. It gave 5 million USD to democrats and republicans in 1990 and spent 16 million USD in lobbing at the US Congress. The moral of the story is that it is not as clean as it claims, nor concerned with the lives of common people unless it serves its purpose or national interest.

BP in its regional spill plan for the Gulf of Mexico and site plan for the Deepwater Horizon rig understated the dangers and overstated its preparedness in the eventuality of a leak. Louisiana governor Bobby Jindal criticized BP for being ‘reactive’ and not ‘proactive’ from the very beginning. Now BP’s report is examined quite critically and it has been discovered that an expert professor listed in its 2009 response plan died in 2005. It lists walruses, sea otters, sea lions and seals as “sensitive biological resources” when none inhabit the Gulf of Mexico. Also names and phone numbers of marine specialists and marine network officers in Louisiana and Florida are not correct. The Justice Department has to find evidence that BP destroyed key documents or lied to the government (The Daily Yomiuri, June 11, 2010).

Corporate Social Responsibility

Corporate social responsibility is one of the modern movements like environmental or tribal movements that have become the buzz word in both business and academic circles. Both businessmen and academics are cashing upon the divine benefits of CSR making more money for their companies and jobs for their departments. Middle level managers and professors have extolled about the virtues of CSR with other buzz words such as people friendly, eco friendly and sustainable. We have come to hear about the unselfishly egalitarian aspects of CSR. It is really a wondrous transformation of the greed-driven capitalist economy of which the corporate system is a byproduct.

Most critics of CSR are not against it per se but against the recent hype associated with it as a panacea of all corporate evils. It is hard to believe that companies are out there not to make profit. We are not talking of basket cases but any company worth its salt aggressively markets itself to make real profit. And what’s wrong in it. Companies are floated for this very purpose both by the shareholders and managers. But in a changed climate of political advocacy of human rights against corporate greed, CSR seems to a new combative tool for companies to be both politically correct and make money as usual. The problem however is that if business corporations give an inch they take a mile.

Definitions and Objections to CSR

In the United States CSR is seen as philanthropy while others see it as improving society, workforce and government. There are arguments in favor of CSR where it is believed that it can support the social fabric of society and promote responsible business practices. But CSR is usually presented as a marketing strategy that articulates business performance rather than encompass social and ethical standards. The recent collapse of American business and manufacturing sectors has revealed the gap between CSR and actual self-regulation. Some CSR models take the company beyond the law into providing public benefits, increase sales, market shares, brand position, retain employees, reduce operating costs and increase investments (Baron, 2001 7-45). There are models of CSR that take into account competitive advantage, positioning, commitment, organizational integration, shareholder’s cooperation and self-correction. CSR helps to create a positive image of a company and brings it rich dividends. Though there are many definitions of CSR we must see CSR as the way business companies conduct their core business not the sops they give to society.

A common objection leveled against CSR comes from the advocates of the laissez faire system who complain that CSR infringes upon the human rights of company shareholders as company managers unilaterally divert company resources to society in the name of better management (Sternberg, 1999). Detractors of CSR complain that there should be a stakeholder claim in CSR as to how it is done. A business corporation should be fair and honest to both the shareholders and customers. CSR therefore depends on the model a company chooses and the reasons for its choice. If a company uses CSR for image building through philanthropy it leads to both ethical and human rights problems. You cannot give away money which ultimately belongs to someone else. On the flipside it also follows that if stakeholders possess sole rights they also should bear full responsibility when there are environmental or social disasters. However if a CSR model seeks a consensus of both stakeholders and company managers then it must become more open to the public. CSR must concentrate upon building customer relationships, attracting talented people, conducting risk management and building the company’s reputation.

Corporate Reputation and CSR

Corporate business companies such as BP or Coca Cola cannot ignore their reputation as about 90 to 95 percent of their assets are intangibles and the remainder immovable property. Big companies such as General Electric, IBM or Motorola use the rhetoric of CSR to show public responsibility and environmental concerns but while conducting hard-nosed bullying business practices are not so transparent in their dealings. A few years ago Sir John Browne of BP was praised for his aggressive promotion of BP while providing environmental leadership but now we come to know that all along BP compromised on safety costs in oil drilling. This is happening in a powerful country like the United States where both politics and laws are strong. Had it happened in a developing or a poor country, things would have been quite different. BP would have gotten away cheaply and Union Carbide once did.

CSR invariably works for companies and countries with resources and political clout. It is not for companies which are small and weak. Small companies fight for survival, cut costs to make ends meet and do not possess precious resources to waste on CSR. Nor can they follow up on legal battles if they come under the scanner. They function in a world of poverty, deprivation and loss.

Conclusion

It is no longer tenable to follow neo-classical economics of Smith, Mill and Bacon that the world is made for us and for us alone. We must eschew the economic theories of Pareto and Hayek as we can no longer treat nature as a mere variable and commodity. Depreciation of ecological assets has taken place at an increasing fast rate. Economics should no longer be about inflation, economic value of goods or maximization of income. It should take into account our natural world as property that belongs to every one of us (McNeill, Padua, Rangarajan, 2010 1-3). We must learn new lessons from ecological economics and environmental history and change the way we do business. We must rein in corporate greed by modifying corporate social responsibility (CSR) to corporate legal liability (CLL) and connect it to governmental deterrence, legal action and international treaties to scare the hell out of the merchants of greed and death who have many supporters in different parts of the world.

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

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October 10, 2010

CJI – Answer My Lord

Filed under: Uncategorized — Tags: — Nagaraja M R @ 11:44 am

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

Editor: NAGARAJ.M.R… VOL.4 issue. 42…… 20/10/2010

Home page
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/

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

Editorial : CROSS-EXAMINATION of Chief Justice of India – Half of Former Chief Justices of India are Corrupt

DOUBLE STANDARDS OF SUPREME COURT OF INDIA & KARNATAKA POLICE – PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

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. JAI HIND. VANDE MATARAM.

Your’s sincerely ,
Nagaraj.M.R.

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

Cross Examination of Chief Justice of India , Chief Justices of state High Courts , DGPs of all Indian States / UTs , Loksabha Speaker , Rajyasabha Dy Chairman , Speakers of all Indian State Legislative Assemblies / Legislative Councils – Law Makers in witness box

When everybody else does the mistake , wrong doing , indulges in corruption , judiciary alone must be pure like virgin to punish & guide the wrong doers. Now , the apex court of the land & the highest judicial officer of the land , the conscience keeper , protector of rights , Constitutional guardian of the land – The Honourable Chief Justice of India himself Has been found guilty . SHAME SHAME.

Nowadays , we are seeing criminalization of politics , judiciary & police. The rowdy elements have become MLAs & MPs & frequestly indulge in fisticuffs , vulgar abuses in the precincts of the house itself . These rowdy elements take money for asking questions in the parliament , to vote for bills & for a price pass legislations favouring lobbies of rich crooks. The police frame , torture innocents & let out rich crooks for a price . For a price police destroy evidences , records and create fake records , evidences. Finally there are judges who issue arrest warrants , give bail , give acquittal & pass favourable judgements ALL FOR A PRICE . SHAME SHAME . These corrupt judges , police , MPs , MLAs each take salary & perks far exceeding lakhs per annum , but serve rich crooks instead of Indian Public. These corrupt are parasites & deadlier , state enemies than naxalites , terrorists. Democracy in our country , our hard won national independence is endangered by these parasites , corrupt judges , police & people’s representatives only. These parasites themselves are responsible for origin & growth of naxalism / terrorism in india .
These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

Read full case details at following web site
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

Hereby , we DEMAND the Honourable Chief Justice of India to answer the following questions in public interest , for national security , for National unity & integrity.

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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POLICE NOT REGISTERING COMPLAINT AGAINST CHIEF JUSTICE OF INDIA & OTHERS

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 & other public servants
Karnataka Police are NOT registering & acting on my complaint to them dated 04.07.2009

The Vijayanagar police in mysore stated that they don’t have legal jurisdiction to book the criminals I have mentioned in the complaint & by taking a statement from me to that effect closed the case temporarily on 11.09.2010 after sitting over the complaint for years together. Is it not the duty of DG&IGP to seek the permission from home ministry to legally prosecute the alleged criminal VVIPs ? Why he was silent ? Ofcourse the lower rung police officers practically don’t have power to prosecute high & mighty ?

Hereby , I do request the DG & IG OF Police , Government of Karnataka to seek the legal sanction from union home ministry & Karnataka state home ministry , for the prosecution of below mentioned criminal VVIPs & to reopen my complaint here with.

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.
SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

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

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 below mentioned public servants viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. 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 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 governmentof india is liable to pay Rs. one 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 , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.

Date : 10.10.2010 your’s sincerely,
Place : Mysore nagaraj.m.r.

……………………..DECLARATION………………………

Name : ………………………NAGARAJ.M.R.

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

Professional / Trade Title : S.O.S – e – Clarion Of Dalit

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 : NAGARAJ.M.R.

Nationality : INDIAN

Body Donation : Physical Body of Nagaraj M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore , 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 Nagaraj M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice 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.

Home page :
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 : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

Cell : 0 9341820313

I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police 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. one 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.

date : 10/10/2010…………………………..your’s sincerely,

place : India…………………………………Nagaraj.M.R.

An Appeal to Shri.Sunil Thomas , Honourable Registrar (Admn) & RTI Apellate Authority , Supreme Court of India , New Delhi.

From,
Nagaraj .M. R.
Editor , S.O.S e-Clarion of Dalit & S.O.S e-Voice for Justice,
# LIG-2 / 761 , HUDCO First Stage, Laxmikantanagar,
Hebbal , Mysore . PIN-570017 Cell – 09341820313

To ,
Shri. Sunil Thomas ,
Honourable Registrar (Administration) / RTI Appellate Authority ,
Supreme Court of India,
New Delhi.

Honourable Sir / Madam ,
Subject : APPEAL No.300/2010
Reference : Your Letter No.F.1/RTI/A.300/2010 dated 30.07.2010
On-Line Grievance Registration No . DPG/M/2010/80199

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

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

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

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

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

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

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.
We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so ,
basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen’s fundamental right & human right to seek information extends far beyond the scope of RTI Act.
Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 300/2010 .. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & equitable justice. JAI HIND. VANDE MATARAM.

Your’s sincerely,
Nagaraj.M.R.

SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

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

In india democracy is a farce , freedom a mirage. the most basic
freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the
government,as the information opens up the crimes of V.V.I.Ps & leads
to their ill-gotten wealth. The public servants are least bothered
about the lives of people or justice to them. these type of fat cats ,
parasites are a drain on the public exchequer . these people
want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so
that, a voice against injustices is silenced forever , the crimes of
V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW’s appeals to you ,you have not yet
replied.it clearly shows that you are least bothered about the lives
of people or justice to them .it proves that you are hell bent to
protect the criminals at any cost. you are just pressurising the
police to enquire me ,to take my statement, to repeatedly call me to
police station all with a view to silence me.all of you enjoy “legal
immunity privileges” ,why don’t you have given powers to the police /
investigating officer to summon all of you for enquiry ?or else why
don’t all of you are not appearing before the police voluntarily for
enquiry ?at the least why don’t all of you are not sending your
statement about the case to the police either through legal counsel or
through post? you are aiding criminals ,by denying me job
oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil
court ,bangalore , distict court , mysore ,etc & by illegally closing
my newspaper.
there is a gross, total mismatch between your actions and your oath of
office. this amounts to public cheating & moral turpitude on your
part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of
india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER
to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a
citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you
cann’t be legally prosecuted for the above mentioned crimes .

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 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. one 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. Thanking you.
Jai Hind , Vande Mataram.

Date : 14.05.2010 your’s sincerely,
Place : Mysore nagaraj.m.r.

JUDICIAL CORRUPTION
MY LORDS, THERE’S A CASE AGAINST YOU
Former Union law ministers are spearheading a campaign against sitting judges they accuse of being corrupt. What is the higher judiciary doing to clear itself of these grave charges?
Avinash DuttNew Delhi

Under observation: The Supreme Court of India
Photo by K. Satheesh

Senior lawyers have complained to the CJI and the President that Justice Bhalla illegally amassed properties
The campaign by some senior lawyers and former law ministers who have questioned the integrity of sitting high court judges is set to ratchet up the growing confrontation between the legislative and the judicial arms of the government. Former Union law ministers Shanti Bhushan and Ram Jethmalani are leading the battle against what they claim are corrupt practices in the highest echelons of the judiciary.
Bhushan has categorically condemned the rot he feels has set in the judicial system. “The judiciary of this country is not merely unaccountable, but corrupt and brazenly so,” he wrote in a letter to President APJ Abdul Kalam on December 17. Bhushan has demanded that the President initiate impeachment proceedings against Justice Jagdish Bhalla of the Lucknow Bench of the Allahbad High Court. On December 14, a Supreme Court (SC) collegium recommended that Justice Bhalla be appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with noted lawyers and former justices, including Rajendra Sachar, Indira Jaisingh and Hardev Singh, have formed the Committee on Judicial Accountability (COJA) and presented documents to the Chief Justice of India (CJI), YK Sabharwal, to support their complaint against the sitting judges. COJA complained to the CJI on July 11 that Justice Jagdish Bhalla had amassed several illegal properties in the name of his wife and other close relatives. Justice Vijender Jain, the former senior Judge in the Delhi High Court, who was recently appointed the CJ of Punjab and Haryana HC, is also in COJA’s line of fire.
By questioning the integrity of Justices Bhalla and Jain, Bhushan has thrown open the much larger question of judicial accountability. (See interview) “Leave aside taking any action against corrupt judges like Justice Jagdish Bhalla and Justice Vijender Jain, the CJI has been actually avoiding even properly investigating charges against them,” says Bhushan. According to documents produced by COJA on 21 July 2003, Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater Noida expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar (Noida’s official name) submitted a report to the area dm in which he states that the sellers of the plot belong to the “land mafia”. In an enquiry submitted to the dm on 26 June 2005, RK Singh, the area sdm, also described the sellers as belonging to the “land mafia”. According to the two reports, the plots constituted a portion of the gram samaj (joint village property) land, illegally grabbed by the “land mafia”. (All the documents relating to the transaction are in possession of Tehelka)
The SDM’s report says that at the time of the transaction, the plot was worth Rs 7.20 crore in the open market, whereas Renu Bhalla paid Rs 5 lakh for it. The two reports also state that the sellers of the plot have been charged in several criminal cases, and had sold plots to several influential people to curry favour with them. Renu Bhalla is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention to the July 2005 draw of lots for allotment of plots in Sector 44 in Greater Noida. When the computerised draw threw up several influential names, a few people approached the Allahabad HC alleging foulplay. In October 2005, the HC decided that the case warranted a fresh draw of lots and ordered a cbi inquiry into the scam. Among those who had been allotted plots in the scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla, who is the son of Justice Bhalla, was allotted plot number f-52, while Sheeba Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted plot number f-78. In November 2005, the Supreme Court stayed the Allahabad HC judgement, putting the cbi enquiry and the HC’s order to hold a fresh draw of lots on hold.

Admissible in court? Documents furnished by COJA against the justices
Members of COJA have offered to discuss the matter in person with the CJI but they say that they are still waiting to hear from him. Five months after their initial request, they sent another application to the CJI in November. This time they sought his permission to register an FIR against Justice Bhalla, claiming that their initial evidence was enough to register an offence against him under the Prevention of Corruption Act.
“The CJI did not even call us to hear our point,” says Bhushan. “I don’t know why Justice Sabharwal is shielding Justice Bhalla!” Bhushan is equally critical of Justice Vijender Jain.
Justice Jain, who took oath as the new CJ of Punjab and Haryana HC in November, had to endure many delays before he could be appointed to the post. The CJI had to make three efforts to promote Justice Jain. A collegium headed by the Chief Justice of India first recommended Justice Jain’s name for the post in July. However, President APJ Abdul Kalam returned the file, causing a minor embarrassment to the CJI and the Union government. When the collegium reiterated its recommendation through the government in November, the President had to sign the file.

Third time lucky: Chief Justice Vijender Jain

When a collegium headed by the CJI recommended Justice Jain’s name, the President returned the file
Earlier in May, a proposal by the CJI to make Justice Jain CJ of the Maharsahtra HC was stonewalled by a judge in the three-member collegium who questioned Justice Jain’s integrity. The member on the panel cited a complaint made to former CJI RC Lahoti against Justice Jain in January 2005. The CJI revived the proposal a month later, but again a judge on the collegium opposed his appointment. Finally, a fortnight later, in July 2006, the CJI made his third attempt to promote Jain, this time to the Punjab and Haryana HC.
This time around, to address dissenting voices, the CJI also consulted other SC judges who happened to be former chief justices of the Delhi High Court. According to reliable sources, Justice Jain’s former seniors also questioned his integrity. However, on the basis of a majority, the proposal to promote him was forwarded to the Union government for the President’s assent.
A major hurdle in promoting Justice Jain continued on page 8 continued from page 6 was a complaint by one Subhash Agrawal who approached then CJI RC Lahoti in January 2005 with the complaint that Justice Jain had violated the code of conduct for judges. Agrawal claimed that Justice Jain gave a judgement in favour of someone with whom he had “family relations”. He produced a copy of the invitation card of the litigant’s granddaughter’s wedding, held in April 2001. According to the card, the venue of the wedding was the official residence of Justice Jain. (Tehelka has obtained a copy of the wedding card from the Central Information Commission). In November 2004, Justice Jain, hearing an appeal, decided a civil suit in favour of the person who had held his granddaughter’s wedding at his official residence.
When there was no response to his complaint in October 2005, Agrawal approached the SC to find out the status of his complaint under the rti Act. He was told that his complaint was in the relevant HC file. Not satisfied, Agrawal approached the Central Information Commission. On the commission’s insistence, the SC finally told Agrawal that his complaint had not actually been forwarded to the HC, as the SC has “no administrative jurisdiction” over high court judges. Therefore, the complaint was pending before the CJI, YK Sabharwal. The commission asked the CJI to act on the application. The CJI finally settled the complaint, saying he found no merit in it. When Agrawal asked for reasons behind the decision, he drew a blank.
It’s not just Bhushan who feels the need to bring about accountability and transparency in the judiciary. Janata Dal (U) president Sharad Yadav says the issue will be discussed when the Judicial Accountability Bill is tabled in Parliament. “When the government tables the bill, all its aspects will be discussed,” Yadav told Tehelka.
CJI YK Sabharwal could not be reached for his comments. Despite conciliatory notes from him there are all indications that the clamour surrounding judicial misdemeanour and the demand for greater accountability will only increase in the days to come.
Dec 30 , 2006

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• RTI TangleBy Avinash Dutt

‘Half Of The Last 16 Chief Justices Were Corrupt’
The decision to declare assets is a big victory. Supreme Court lawyer Prashant Bhushan tells SHOMA CHAUDHURY what else is rotting in our judiciary

In public interest Prashant Bhushan has championed the fight for judicial accountability
Photo: SHAILENDRA PANDEY
It’s great judges have agreed to declare assets. But will it really help? Politicians do it too.
This decision is very welcome, even if it’s only happened under public pressure. It is proof of the power of public opinion. And even though declaring assets is a relatively minor aspect of judicial accountability, it will help. If a judge misdeclares his assets, there’s a chance someone might know he has particular properties he hasn’t declared, and may point it out. One could then examine if these can be explained within their legal income.
The debate around judicial accountability has got really hot. Are there watershed events that triggered this?
Not in my own perception, but I think for the public there were two watershed events – the Chief Justice Sabharwal case (where there was an allegation that Chief Justice YS Sabharwal’s orders to demolish commercial outlets in Delhi directly benefited his sons, who were partners with some mall developers) and the Ghaziabad Provident Fund scam. Both these cases got wide media attention. A 2006 Transparency International report said the judiciary in India is the second most corrupt institution after the police.
You’ve been at the forefront of the judicial accountability campaign. Why?I have been witness to judicial corruption in the courts for a very long time. I know decisions are passed for extraneous considerations, but it’s difficult to get hard evidence of this. There have been highprofile impeachment attempts, for instance, on Justice Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to become chief justices. In my view, out of the last 16 to 17 chief justices, half have been corrupt. I can’t prove this, though we had evidence against Punchi, Anand and Sabharwal on the basis of which we sought their impeachment.
What is the root cause of judicial corruption then, and what are your key demands?
Our key demand is an institutional mechanism for entertaining complaints and taking action against the judiciary. Nothing exists today. Everyone realises impeachment is impractical. To move an impeachment motion you need the signatures of 100 MPS, but you can’t get them because many MPs have pending individual or party cases in these judges’ courts. In the impeachment proceeding against Justice Bhalla, the BJP declined to sign because LK Advani had been acquitted by him in the Babri Masjid demolition case. Such political considerations prevail all the time. An in-house procedure was set up in 1999, post a chief justices’ conference in 1997, but that too is activated only selectively. For example, the complaint against Justice Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh — approximately — from land mafia in Noida. This was based on a report from the DM and SSP of Noida. This land mafia had several cases pending in courts subordinate to Justice Bhalla. Another complaint was that in the Reliance Power matter, though his son was the lawyer for Reliance Power, Justice Bhalla constituted a special bench while he was the presiding judge in Lucknow. He sat in the house of one the judges at 11pm at night to hear their case and pass an injunction in their favour. We asked Chief Justice Sabharwal to initiate proceedings against Bhalla, but he refused.
Similarly, Justice Vijender Jain decided the case of a person whose granddaughter had been married out of his own house. He was a close friend but he still heard and decided the case in this person’s favour. The point is, in these cases though very specific complaints were made to the then Chief Justice of India (CJI), he didn’t do anything to activate the in-house procedure. All these judges have gone on to become chief justices. Bhalla is still chief justice of Rajasthan; Virendra Jain became chief justice of Punjab and Haryana.
What’s the answer?The first problem is that there is no independent institution for entertaining complaints and taking action against judges. There has to be a National Judicial Complaints Commission — independent of the government and judiciary. It should have five members and an investigating machinery under them. The second problem lies in the Veeraswamy judgment, which ordered no criminal investigation can be done against a judge without prior written permission of the CJI. That’s what happened in Karnataka. There was a complaint against several judges visiting a motel and misbehaving with women. When the police officer came, the judges threatened him and said no FIR could be filed against them because they were judges. This happened in the Ghaziabad Provident Fund case as well. The investigation is stumped because the CJI hasn’t given permission. We have to get rid of this injunction.
The third problem is the Contempt of Court Act. Today, even if you expose a judge with evidence, you run the risk of contempt. Judges are even seeking to insulate themselves from the RTI. We have to get rid of the Contempt of Court Act – not the whole Act. Disobeying the orders of the court is civil contempt – that should remain. Interfering with the administration of justice is criminal contempt – that too should remain. What needs to be deleted is the clause about scandalising or lowering the dignity of the court, for which Arundhati Roy was sent to jail. Finally, there is the problem of appointments. Earlier, judicial appointments were made by the government, which was bad enough. Now, by a sleight of hand, the Supreme Court has taken the power of appointments to itself. Earlier there were political considerations; now there are nepotistic ones.
Again, what’s the answer to that?
We need an independent Judicial Appointments Commission, which is independent and works full time, and follows some systems and procedures. Eligibility lists should be prepared and comparative merits debated and evaluated. You can’t just pick judges arbitrarily, and let people know about it only after the deed is done.
There is still no independent body to process complaints and action against judges
What are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US. In the Senate Judicial Committee, you have hearings where any public citizen can give evidence about the background of a judge that has bearing on their appointment. This is being fiercely resisted here.
Do any counter arguments hold?
None that I can see. The judges say all this will compromise their independence. Unfortunately, they are equating the independence of the judiciary with independence from accountability. Independence of the judiciary was meant to be independence from the political establishment, not from all accountability.
Are there other ways in which judicial corruption manifests itself?There are so many. There is Justice Kapadia who decided on the Niyamgiri mining lease case in Orissa. He said Vedanta can’t be given the lease because it’s been blacklisted by the Norwegian government; but its subsidiary company Sterlite can get the lease because it is a publicly listed company. Justice Kapadia said it’s publicly listed because he had shares in it and yet he passed an order in favour of Sterlite! There is a law against judges hearing cases where there is a conflict of interest, but they just bypass it and you can’t complain because that would be contempt.
WRITER’S EMAIL
shoma@tehelka.com

From Tehelka Magazine, Vol 6, Issue 35, Dated September 05, 2009

Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of urgency in investigating charges of judicial corruption
THE STORY OF A QUIET BURIAL?
Special CBI judge Rama Jain uncovers Rs 7 crore Provident Fund scam during vigilance inquiry
Accused Ashutosh Asthana revealed that he was paying off 36 judges including a sitting Supreme Court judge and 11 High Court judges
Supreme Court directs CBI to investigate, permits interrogation of all involved judges
Several status reports given by the CBI to the apex court
Reports kept secret. Action taken on basis of reports unknown
WHEN SPECIAL CBI judge Rama Jain received an anonymous letter in January 2008, telling her that the provident funds of Class 3 and Class 4 employees of the Ghaziabad court were being siphoned off, she had no idea that she had stumbled onto the biggest judicial scam in the history of independent India.
As she was the designated vigilance officer at the Ghaziabad court, she first conducted an inquiry on her own, which uncovered the involvement of at least three judges and the Central Nazir in the embezzlement of funds. She reported the matter to the Allahabad High Court, which, in turn, ordered a vigilance inquiry. Holding that the report, prima facie, had merit, the court directed her to file an FIR.
Central Nazir Ashutosh Asthana was arrested on the basis of the FIR on April 10, 2008. His interrogation revealed that Asthana was not a solo player. He claimed that he was first introduced to the scam by a district judge himself. What followed was so shocking that even the Ghaziabad police was on the backfoot. Asthana confessed that from the Rs 7 crore embezzled, he had given cash and gifts such as airconditioners, refrigerators, expensive clothes, jewellery and furniture to as many as 36 judges, including about 10 High Court judges and one Supreme Court judge. In a sworn statement before a magistrate, Asthana revealed that this fraud had run from 2001 to 2007 with the active connivance of district judges. Every month, Asthana even paid bribes to various judges, from Rs 25,000 to a whopping Rs 1.5 lakh.
When these excerpts from Asthana’s confession became public, the public image of the judiciary touched a new low. In perhaps the biggest moment of crisis for the Indian judiciary, Asthana, the main accused, has in turn named judges from the Ghaziabad District Court to the Allahabad High Court, right up to the Supreme Court. This was not all.
These revelations stunned the Ghaziabad police. Clearly out of their depth and (justifiably) wary of taking on the powerful judiciary, they requested the Ghaziabad court to hand over the probe to the CBI. In September 2008, the Supreme Court transferred the case to the CBI, but with a rider: Investigate, but give us a sealed report. The PF scam, as it had come to be known, gave the judiciary a wonderful opportunity to redeem itself in the eyes of the people but the case remained shrouded in secrecy. Cynics then said that the whole matter would be given a quiet burial. Eighteen months after the scam became public and four CBI status reports later, the cynics appear to have had the last laugh.

This delay and secrecy in such a highprofile scam raises various uncomfortable questions for the Indian Judiciary. Legal luminaries believe that this is symptomatic of a larger malaise which ails the judiciary. Says jurist Ram Jethmalani, “The reputation of a judge is more important than the actual fact of his honesty. In fact, if a judge has a bad reputation, even if it is undeserved, he should not be appointed because then nobody will have confidence in his judgements,” adding, “When the judiciary expedites cases concerning the executive branch or even most prominent cases, why is such urgency not displayed here, when the matter is extremely serious. Why this delay?”
For six years, funds worth Rs 7 crore were embezzled and judges were allegedly bribed
A VALID QUESTION. Asthana named 36 judges (a list of which is with TEHELKA). Other than the fact that a few have retired, virtually nothing is known about the fate of the judges of the Allahabad High Court and the Supreme Court judge. Whether or not the apex court is planning to initiate or has initiated, criminal charges against any of the judges — sitting or retired — are questions that only the Supreme Court can answer.
And the apex court should answer, argues former Union law minister and senior advocate Shanti Bhushan. “I don’t appreciate this sealed-cover business except in very rare cases when making something public might be detrimental to the public interest — mainly if there is an army secret. Whether it is the judiciary or the executive, all officers are appointed on the behalf of the people. It is on the people’s behalf that the judiciary exercises its powers. How can you keep investigations in the PF scam secret? The people have every right to know what is going on.”
VN Khare, former Chief Justice of India, concurs. “These kind of things should not be allowed to linger. This shakes the confidence of the people in the judiciary. If there is an allegation or misconduct, it must be inquired into immediately and strict action should be taken against the erring judges. Why should the reputation of most judges suffer for no fault of theirs?”

When the judiciary expedites cases concerning the executive branch or even most prominent cases, why is such urgency not being displayed in this matter?
RAM JETHMALANI, Jurist
The biggest question which arises from this scam is the lack of will on the part of the judiciary to rein in errant judges. Let alone the judges named by Asthana, what about the fate of the three Ghaziabad District Judges named by vigilance officer of the district court Special CBI Judge Rama Jain herself? Legal luminaries say this hesitancy on the part of judges to act against fellow judges involved in wrongdoing clearly illustrates the prevailing mindset of the judiciary.
“I know of a retired Chief Justice of India who is one of the most honest judges I have ever seen. It’s difficult to imagine a more honest person. However, when a responsible minister made complaints to him against a corrupt High Court Judge, he did not grant permission for an investigation because he felt that as the head of the judicial family, it was his job to protect judges, be they corrupt or not,” says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF scam which taints the image of the judiciary, but also the extreme reluctance on the part of the judiciary to be open and transparent. Reams and reams of paper have gone towards pious exhortations by the judiciary asking the government to refrain from corruption and work in an efficient manner. But sadly, no judge has held forth at length on the need for the judiciary to refrain from corruption. Even attempts to exercise the Right to Information with respect to the office of the CJI came a cropper as the CJI’s office was always declared out of bounds. It took a historic verdict by the Delhi High Court to declare that the office of the CJI was not immune from accountability and outside the purview of the RTI Act. Senior lawyers and retired chief justices feel that if the judiciary is not transparent or accountable, it only means that they are trying to hide something. Justice Khare feels, “Judges are more accountable than other persons because they hold a very high post. The very existence of the judiciary is based on the faith of the common man in it. If that faith is not there, how can the judiciary function?”
No judge holds forth at length on the need for the judiciary to refrain from corruption
What incenses them is the behaviour of the government with regard to the Judges’ Assets Declaration Bill which the government tried to introduce in 2009. The opposition erupted in protest and forced the government to defer the bill. Jethmalani terms the government’s approach to this bill as a “conspiracy of corruption”. “The government is scared to take on the judiciary. It’s clear that the executive wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why should there be any hesitancy to declare assets at all on the part of judiciary? The whole episode is beyond me.” In a recent development, the Supreme Court has reiterated before the Delhi High Court that the CJI’s office is outside the purview of the RTI Act.

Corruption charges are swept under the carpet by the judiciary. But this has given a shield of total immunity to the judges, who think they can get away with anything
SHANTI BHUSHAN, Former law minister
Another assault on the public image of the judiciary is the Dinakaran episode. Currently, judges are appointed to the Supreme Court by the Supreme Court Collegium, a group of judges chaired by the Chief Justice of India. When Chief Justice Dinakaran of the Karnataka High Court was elevated to the Supreme Court, the state Bar and legal luminaries rose up in protest because the Collegium appeared to have dismissed, or, at least, not have considered the serious allegations of corruption against him. According to Senior Advocate Soli Sorabjee, “The Dinakaran episode shows that the Collegium is not working satisfactorily. You must have a national commission for judges which should be made up of judges, eminent jurists and senior government officials. This council should have the power to get independent information and evaluate it.” Shanti Bhushan feels that as judges are extremely busy with hearing cases, there should be a full-time commission whose sole function is to pick judges for the High Court and the Supreme Court and feels that the commission should also have its own bureau of investigation. They should not be dependent on either the local police, who might be afraid to investigate judges, or on an overburdened CBI.
But all this is very hard to achieve. Jurists feel that the judges of the higher courts have converted themselves into a union of sorts and are trying to protect each other. “Their approach is to sweep every allegation under the carpet. Don’t allow the public to know about it. Let the public believe that our judiciary is very honest. But this has been counterproductive. It has given a shield of total immunity to the judges and they think they can get away with anything. This has led to an increase in corruption in the judiciary,” states Shanti Bhushan. Time and again, opportunities have arisen for the judiciary to reinvent itself in a new avatar. And time after time, it has failed. Caesar’s wife, they say, should be above suspicion. Whatever the cost it might take to ensure it.
WRITERS’ EMAIL
brijesh@tehelka.com
sanjay@tehelka.com

From Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009

‘Half of last 16 chief justices have been corrupt’
By churumuri

Judicial corruption is a bull few in India are willing to attach their names to. There are whispers of this or that sitting judge making piles or cash; of sons, daughters and other near and dear ones acting as “brokers” for cases, deals, etc, but none of those allegations see the light of day.
Not because the media is a willing accomplice but because of the sword of “contempt of court” hanging over us.
For long, truth was not, repeat not, a defence in the case of contempt. Although that is now no longer the case, judicial corruption still isn’t headline news like corruption in other spheres of Indian life. The case of Justice P.D. Dinakaran is one of the rare exceptions and that too only in sections of the media.
In September 2009, the Supreme Court lawyer Prashant Bhushan, in an interview to Shoma Chaudhury of Tehelkamagazine, said “half of the last 16 chief justices were corrupt”. The comment invited the apex court’s contempt. Now, Bhushan’s father, the noted jurist Shanti Bhushan has joined issue.
In his application before the Supreme Court praying for his impleadment as respondent No.3 in the case of the Amicus Curiae vs Prashant Bhushan, Bhushan senior repeats his son’s charge that eight out of the last 16 CJs were corrupt, even going so far as to deliver the names of the corrupt in a sealed cover.
“In the applicant’s opinion, eight [of the last 16 chief justices] were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt.”
Below is the full text of Shanti Bhushan’s application, published in the public interest.
***
To
The Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
Most respectfully showeth:
1. That the applicant is filing the present application for his impleadment as Respondent No. 3 in the aforementioned contempt petition as the applicant is making a categorical statement in the present application that eight of the last sixteen Chief Justices of India were definitely corrupt and also providing the names of those eight definitely corrupt Chief Justices in a sealed cover as an annexure along with the present application.
2. The applicant is a practicing advocate who was enrolled on 8 July 1948. He has appeared in each and every High Court in the country. He is well acquainted with the manner in which the Indian judiciary has been functioning and how its character has been changing over the years.
3. That the applicant has been a part of the campaign for judicial accountability since its inception in the year 1990.
4. That there was a time when it was almost impossible even to think that a judge of a High court or the Supreme Court could be corrupt. Things have changed drastically during the last 2 or 3 decades during which corruption has been growing in the Indian judiciary. So much so that even a sitting Chief Justice of India had to openly admit that 20% of the judges could be corrupt. Very recently in March 2010 a sitting Chief Justice of a high court openly made a statement. The statement of the sitting chief justice was published by the Times of India in its issue of 6th march 2010 with the headlines, “In our judiciary, anybody can be bought, says Gujarat chief justice”. A copy of the news paper report is being annexed hereto as Annexure A.
5. That the applicant believes that the reported statement may not be correctly reflecting the perception of the Gujarat Chief Justice, since he should be knowing as the applicant does that there are and have always been plenty of totally honest judges, but they are also becoming the victim of this public perception since no institution of governance in the country is taking any effective steps about dealing with corruption in the judiciary.
6. That India became a republic in 1950, when the people became sovereign. They got the right to constitute their institutions, the executive, the legislature and the judiciary, to serve them, who would be accountable to them.
7. That before 1950, corruption was almost non existent in the High Courts. The federal court had in 1949 got Justice Shiv Prasad Sinha removed from the Allahabad High Court, merely on the finding that he had passed 2 judicial orders on extra judicial considerations.
8. That it however appears that thereafter the judiciary has adopted the policy of sweeping all allegations of judicial corruption under the carpet in the belief that such allegations might tarnish the image of the judiciary. It does not realize that this policy has played a big role in increasing judicial corruption.
9. That the Constitution prescribed removal by impeachment as the only way of removing judges who commit misconduct since it was believed at the time of the framing of the Constitution that misconduct by judges of the higher judiciary would be very rare. However those expectations have been belied as is apparent from the surfacing of a series of judicial scandals in the recent past. The case of Justice V. Ramaswami and subsequent attempts to impeach other judges have shown that this is an impractical and difficult process to deal with corrupt judges. The practical effect of this has been to instill a feeling of impunity among judges who feel that they cannot be touched even if they misconduct.
10. That corruption by judges is a cognizable offence. The Code of Criminal Procedure requires that whenever an FIR is filed with respect to a cognizable offence, it is the statutory duty of the police to investigate the offence. The police has to collect evidence against the accused and charge-sheet him in a competent court. He would then be tried and punished by being sent to jail. The Supreme Court has however by violating this statutory provision in the CrPC given a direction in its Constitution bench judgement in theVeeraswamy case of 1991 that no FIR would be registered against any judge without the permission of the Chief Justice of India. In not a single case has any such permission ever been granted for the registration of an FIR against any judge after that judgement.
11. That the result of this direction has been that a total immunity has been given to corrupt judges against their prosecution. No wonder that judicial corruption has increased by leaps and bounds.
12. That an honest judiciary enjoying public confidence is an imperative for the functioning of a democracy, and it is the duty of every right thinking person to strive to achieve this end.
13. That unless the level of corruption in the judiciary is exposed and brought in the public domain, the institutions of governance cannot be activated to take effective measures to eliminate this evil.
14. That it is the common perception that whenever such efforts are made by anyone, the judiciary tries to target him by the use of the power of contempt. It is the reputation of the judge which is his shield against any malicious and false allegations against him. He doesn’t need the power of contempt to protect his reputation and credibility.
15. That the applicant strongly believes that a responsible citizen should be prepared to undergo any amount of suffering in the pursuit of the noble cause of fighting for a clean judiciary.
16. That there are two statements of Respondent no. 1 (Prashant Bhushan) published in Tehelka by Respondent no. 2 which are alleged to constitute contempt of court. In the 1st statement, Respondent no. 1 has expressed that in his view, out of the last 16 or 17 chief justices of India, half have been corrupt.
17. The applicant states that in his view too this statement is absolutely correct. At the time of the publication of this report in Tehelka, the last 16 Chief Justices of India were the following: 1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt. The signed lists identifying these eight, six and two Chief Justices of India are being enclosed in a sealed cover which is being annexed here to as Annexure B.
18. That in fact two former chief justices of India had personally told the applicant while they were in office that their immediate predecessor and immediate successor were corrupt judges. The names of these four Chief Justices of India are included in the list of the 8 corrupt Chief Justices of India.
19. That since the applicant is publicly stating that out of the last sixteen Chief Justices of India, eight of them were definitely corrupt, the applicant also needs to be added as a respondent to this contempt petition so that he is also suitably punished for this contempt. The applicant would consider it a great honour to spend time in jail for making an effort to get for the people of India an honest and clean judiciary.
20. That the applicant also submits that since the questions arising in this case affects the judiciary as a whole, the petition needs to be decided by the entire court and not merely by three judges handpicked by a Chief Justice.
PRAYERS
In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:
1. allow the present application and implead the Applicant as a contemnor in the aforementioned contempt petition as Respondent no. 3; and
2. pass any other or further order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
(Shanti Bhushan)
applicant-in-person
New Delhi
***
Photograph: courtesy Shailendra Pandey/ Tehelka
***
Full coverage: The strange case of Justice P.D. Dinakaran
CHURUMURI POLL: Is Dalit Dinakaran above the law?
If he is unfit for Supreme Court, how is he fit for Karnataka HC?
If he is unfit for Supreme Court, how is he fit for Karnataka HC—II?
‘Integrity + competence + judicial temperament’
Yella not OK, but Supreme Court silent yaake?
The brazen conduct of Justice Dinakaran
The strange case of Justice Dinakaran (continued)
Audi alteram partem? Hear the other side out?
CHURUMURI POLL: Will Justice Dinakaran be impeached?
Is CJI K.G. Balakrishnan right about P.D. Dinakaran?
CHURUMURI POLL: Is Dinakaran fit for Sikkim HC?
CHURUMURI POLL: P.D. Dinakaran vs D.V. Shylendra Kumar
Is Sikkim HC’s dignity less than that of Karnataka’s?

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://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/

e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

October 8, 2010

KIADB BDA SCAMS

Filed under: Uncategorized — Tags: , — Nagaraja M R @ 3:16 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.4 issue. 41…… 13/10/2010

home page: http://groups.google.co.in/group/e-clarionofdalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/eclarionofdalit/ ,
http://sites.google.com/site/eclarionofdalit ,

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

NICE Corridor Questions to Chief Minister of Karnataka
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chief-minister

Editorial : KIADB de-notification scandal , BMIC – NICE SCANDAL , MINING SCANDALS and Threats to RTI Applicant
– PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

Just months back , we have witnessed the collapse of a multi storied building in bellary ,Karnataka & we have witnessed a fire tragedy in a multi-storey building in Bangalore, months ago there was collapse of a huge building under construction in Bangalore , all resulting in loss of human lives. Recently we have seen de-notification scam involving VVIPs . All these are the result of violations of Urban Town Planning Laws , Building bye-laws which are observed more in breach by the criminals & conniving public servants . The authorities are behaving like real estate agents of criminals , by-passing norms , framing laws to the tune of criminals . Authorities are not honoring RTI requests & even high ranking IAS officer repeatedly threatens a commoner seeking information under RTI ACT .

Before embarking on land acquisition for any projects government authorities must plan & assess what are the actual requirement of land for that particular project. After finding out the actual requirement of land , they must assess the loss of forest area , cost of compensation pay-out , cost of rehabilitation of people , environmental damages & resultant health damages to people in surrounding areas ,it’s resultant losses when the project gets running , if at all the benefits , profits from that project far outweighs the losses ,then only project should be put before the public for their consent. Ministers & IAS officers must not take these decisions all by themselves in a hush – hush manner.

Even when a project is downsized , from the previously approved size , the land left over , surplus land must be given back to the original owner on first priority . The project managers must not sell those surplus lands to third parties for a premium .
Even when KIADB ,BDA ,MUDA & other authorities acquire lands from farmers ,for constructing industrial parks or residential layouts , etc , has framed comprehensive development plans (CDP) for their respective cities , clearly demarcating land usage pattern . However after acquisition of land , the KIADB , BDA , MUDA , etc are selling those very lands to private third parties for different land usage purposes ,completely violating CDP. Are these KIADB , BDA , BBMP , MUDA ,MCC real estate agents of Rich people ?

Now , consider NICE – BMIC SCANDAL or MINING Scandals , public servants in responsible positions are accusing each other , there by proving that almost all of them are criminals. In democracy , ministers & IAS officers are public servants , MLAs , MPs are not leaders just public servants – representative of people. They must represent people’s wishes & must order the IAS & other officers to fulfil the wishes of people as per legal provisions.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

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. JAI HIND. VANDE MATARAM.

Your’s sincerely ,
Nagaraj.M.R.

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.

RTI QUESTIONS 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 ?

NICE Corridor Questions to CHIEF MINISTER .Mr.Yediyurappa
Read full questionnaire
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chie
f-minister

BMIC by NICE & land scams in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka

When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the overwhelming numbers of criminals law of the land cann’t be changed. However in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ?

The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the Previous legislative assembly probed the land grabbings in Karnataka & gave it’s report to the government . However the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder’s expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who are nothing but their own political cronies.

The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today’s market prices are 10’s of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety.

Questions Bangalore DC , BBMP Commissioner , BDA Commissioner & KIADB Chairman are not answering & HIDING TRUTH , COVERING-UP CRIMES
http://sites.google.com/site/sosevoiceforjustice/rti—bda-bbmp-kiadb ,http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
Questions Mysore DC , MCC Commissioner & MUDA Commissioner are not answering & HIDING TRUTH , COVERING-UP CRIMES
http://sites.google.com/site/sosevoiceforjustice/rti—muda-mcc , http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/

Hereby , e-voice urges the concerned authorities , to answer the following questionnaire about BMIC project by NICE
http://www.vijaykarnatakaepaper.com/svww_zoomart.php?Artname=20100214a_009101001&ileft=50&itop=56&zoomRatio=130&AN=20100214a_009101001

Hereby ,e-voice appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes. Jai hind . vande mataram.
Your’s sincerely,
Nagaraj.M.R.

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary
An appeal ( PIL ) to the honourable supreme court of India

The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted ” town municipal / city corporation laws & building laws” , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it’s occupants , to ensure the safety of pedestrians & road users.

Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.

There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public
lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the
corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers.

The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby , e-voice urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made by the cunningness of civic bodies.
Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner.

LAND MAFIA IN KARNATAKA

The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore & other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for crores of rupees.

1. the authorities are not demolishing these illegal structures & prosecuting the occupiers.

2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value.

3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes.

Hereby , e-voice urges the govt of karnataka & other authorities ,

1. to clearly demarcate the govt lands & announce it boldly to the public.

2. To clearly demarcate lands meant for public amenities both for current & future usage.

3. To clearly demarcate lands required for town planning say 20 years down the line.

4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc.

5. To impartially act against illegal occupiers – rich or poor.

6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan.

7. Before denotification public objections must be called for & considered responsibly.

8. After denotification the land must be sold at the market rate not the govt rate.

9. In case of land usage conversion also the objections from the public must be called for & considered responsibly.

10. After land usage conversion an alternate land must be incorporated in the plan for the original use.

11. In case of land usage conversion also the occupier must be charged at the market value.

12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member’s properties with provision for public scrutiny, cross checking.

13. To ruthlessly prosecute the corrupt officials & ministers.

14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore. Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT BMIC by NICE

Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property.

In this mysore-bangalore 4 lane expressway project, following inconsistencies are there,

1. this road is not for free public use, but only for those who pays the toll fees.

2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it.

3. The govt has concluded this deal in a hush-hush manner.

4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford.

5. The govt has not paid the prevailing market value to the land loosers.

6. The govt has not given the option to land owners not to sell their property.

7. This whole project is for rich , built by the rich for the rich & not meant for public welfare.

The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by wealthy people for wealthy people why cann’t they cough- up market value?

CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A)
AGAINST A POOR WOWAN

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

Now , take the following case. Mr. S.D. chandrashekaraiah a poor old man aged around 80 years was allotted with house no.185, kumaraswamy lay-out, first block, bangalore in 1978 vide letter no.
310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

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

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

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

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

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-clarionofdalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/eclarionofdalit/ ,
http://sites.google.com/site/eclarionofdalit

e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

October 7, 2010

KIADB , BDA SCANDALS

Filed under: Uncategorized — Tags: , — Nagaraja M R @ 1:29 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.4 issue. 41……13/10/2010

home page: http://groups.google.co.in/group/e-clarionofdalit/ ,

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http://in.groups.yahoo.com/group/eclarionofdalit/ ,

http://sites.google.com/site/eclarionofdalit ,

Editorial : KIADB de-notification scandal , BMIC – NICE SCANDAL , MINING SCANDALS and Threats to RTI Applicant

– PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

Just months back , we have witnessed the collapse of a multi storied building in bellary ,Karnataka & we have witnessed a fire tragedy in a multi-storey building in Bangalore, months ago there was collapse of a huge building under construction in Bangalore , all resulting in loss of human lives. Recently we have seen de-notification scam involving VVIPs . All these are the result of violations of Urban Town Planning Laws , Building bye-laws which are observed more in breach by the criminals & conniving public servants . The authorities are behaving like real estate agents of criminals , by-passing norms , framing laws to the tune of criminals . Authorities are not honoring RTI requests & even high ranking IAS officer repeatedly threatens a commoner seeking information under RTI ACT .

Before embarking on land acquisition for any projects government authorities must plan & assess what are the actual requirement of land for that particular project. After finding out the actual requirement of land , they must assess the loss of forest area , cost of compensation pay-out , cost of rehabilitation of people , environmental damages & resultant health damages to people in surrounding areas ,it’s resultant losses when the project gets running , if at all the benefits , profits from that project far outweighs the losses ,then only project should be put before the public for their consent. Ministers & IAS officers must not take these decisions all by themselves in a hush – hush manner.

Even when a project is downsized , from the previously approved size , the land left over , surplus land must be given back to the original owner on first priority . The project managers must not sell those surplus lands to third parties for a premium .

Even when KIADB ,BDA ,MUDA & other authorities acquire lands from farmers ,for constructing industrial parks or residential layouts , etc , has framed comprehensive development plans (CDP) for their respective cities , clearly demarcating land usage pattern . However after acquisition of land , the KIADB , BDA , MUDA , etc are selling those very lands to private third parties for different land usage purposes ,completely violating CDP. Are these KIADB , BDA , BBMP , MUDA ,MCC real estate agents of Rich people ?

Now , consider NICE – BMIC SCANDAL or MINING Scandals , public servants in responsible positions are accusing each other , there by proving that almost all of them are criminals. In democracy , ministers & IAS officers are public servants , MLAs , MPs are not leaders just public servants – representative of people. They must represent people’s wishes & must order the IAS & other officers to fulfil the wishes of people as per legal provisions.

Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

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. JAI HIND. VANDE MATARAM.

Your’s sincerely ,

Nagaraj.M.R.

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.

RTI QUESTIONS 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 ?

NICE Corridor Questions to CHIEF MINISTER .Mr.Yediyurappa

Read full questionnaire
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chie
f-minister

BMIC by NICE & land scams in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka

When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the overwhelming numbers of criminals law of the land cann’t be changed. However in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ?

The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the Previous legislative assembly probed the land grabbings in Karnataka & gave it’s report to the government . However the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder’s expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who are nothing but their own political cronies.

The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today’s market prices are 10’s of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety.

Questions Bangalore DC , BBMP Commissioner , BDA Commissioner & KIADB Chairman are not answering & HIDING TRUTH , COVERING-UP CRIMES

http://sites.google.com/site/sosevoiceforjustice/rti—bda-bbmp-kiadb ,http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

Questions Mysore DC , MCC Commissioner & MUDA Commissioner are not answering & HIDING TRUTH , COVERING-UP CRIMES

http://sites.google.com/site/sosevoiceforjustice/rti—muda-mcc , http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/

Hereby , e-voice urges the concerned authorities , to answer the following questionnaire about BMIC project by NICE

http://www.vijaykarnatakaepaper.com/svww_zoomart.php?Artname=20100214a_009101001&ileft=50&itop=56&zoomRatio=130&AN=20100214a_009101001

Hereby ,e-voice appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes. Jai hind . vande mataram.

Your’s sincerely,

Nagaraj.M.R.

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary

An appeal ( PIL ) to the honourable supreme court of India

The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted ” town municipal / city corporation laws & building laws” , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it’s occupants , to ensure the safety of pedestrians & road users.

Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.

There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers.

The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby , e-voice urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made by the cunningness of civic bodies.

Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner.

LAND MAFIA IN KARNATAKA

The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore & other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for crores of rupees.

1. the authorities are not demolishing these illegal structures & prosecuting the occupiers.

2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value.

3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes.

Hereby , e-voice urges the govt of karnataka & other authorities ,

1. to clearly demarcate the govt lands & announce it boldly to the public.

2. To clearly demarcate lands meant for public amenities both for current & future usage.

3. To clearly demarcate lands required for town planning say 20 years down the line.

4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc.

5. To impartially act against illegal occupiers – rich or poor.

6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan.

7. Before denotification public objections must be called for & considered responsibly.

8. After denotification the land must be sold at the market rate not the govt rate.

9. In case of land usage conversion also the objections from the public must be called for & considered responsibly.

10. After land usage conversion an alternate land must be incorporated in the plan for the original use.

11. In case of land usage conversion also the occupier must be charged at the market value.

12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member’s properties with provision for public scrutiny, cross checking.

13. To ruthlessly prosecute the corrupt officials & ministers.

14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore. Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT BMIC by NICE

Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property.

In this mysore-bangalore 4 lane expressway project, following inconsistencies are there,

1. this road is not for free public use, but only for those who pays the toll fees.

2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it.

3. The govt has concluded this deal in a hush-hush manner.

4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford.

5. The govt has not paid the prevailing market value to the land loosers.

6. The govt has not given the option to land owners not to sell their property.

7. This whole project is for rich , built by the rich for the rich & not meant for public welfare.

The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by wealthy people for wealthy people why cann’t they cough- up market value?

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

AGAINST A POOR WOWAN

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

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

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

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

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

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

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

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

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