SOS e Clarion Of Dalit

October 25, 2017

PIL – Jail Killer Judges

Filed under: dalit human rights — Nagaraja M R @ 6:53 pm

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Editor: NAGARAJA.M.R… VOL.11 issue.42… . 01  / 11 / 2017

 

 

PIL – Jail  Killer  Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor , Indian’s Diary & Dalit’s Diary ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief  Justice of India & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:

Judges  Murder  Innocents

 

    In the recent past , in bangalore city & other parts of karnataka  incessant rains played havoc on civilians. Due  land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

    There are many  statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

   Authorities  enacted  lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

  In the same way , Authorities  enacted  Raaja Kaluve / tributaries  encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of  rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

  A  Karnataka High Court Judge  was shame less in his act to favor the rich. That judge was not moved , sympathetic when  small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t  authorities  divert Raaja Kaluve  itself ?

  Wise Judge Sir , one has to buy pant , shirt according  to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside  civic  / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister,  those lake encroachments , Raaja Kaluve encroachments must be  removed & guilty severely punished.

   Authorities & few judges are hand in glove with land mafia  and  are not acting against rich , powerful violators. Since years  we are  requesting for information under RTI about land grabbings  from MUDA , MCC , BBMNP . BDA , KIADB no  answer ? Appealed to courts , no use. Years back , when we questioned  a  Judge / District Magistrate about hebbal  lake encroachment , he threatened me personally over phone.  The recent  move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely  action was taken by SCI Judges & Karnataka HC Judges  these losses could have been averted. Due to this  unholy nexus , negligence of duties  even by judges   resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

 

Who will bell the cat.
Specifically in Karnataka Rich & Influential people have  illegally encroached  Lakes ,  Public grazing fields , Temple Lands , Raaja Kaluve / feeder canals , etc. Concerned public servants are not doing their duties  and  encroachment continues since years. Even appeals  to Law Courts of Justice  by way of PILs have not yielded any results. Even  criminal nexus with help of government has gone a step further to legalize their crimes of land grabbing in the name of “AKRAMA SAKRAMA”. Courts are deaf , dumb & blind.

These crimes  can continue since years  only with connivance of judges , public servants. Throughout this petition term “Judge” includes even quasi judicial officers like  Revenue Inspector , Assistant Commissioner , District Magistrate , etc  apart from  Law Court Judges. Due to these illegal land encroachments ,  road accidents are taking place , buildings are falling down , rain water  is gushing into houses  and killing people. For all the recent deaths due to rains  in  Bengaluru & other parts of Karnataka  JUDGEs are solely responsible. For all these JUDGEs are responsible.

  1. Question(s) of Law:

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

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

    4. Averment:

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

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

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

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

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

    a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants  & to criminally prosecute , punish  guilty judges ,  to order Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
    b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

    Kindly read full details at following web page :

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

    Dated : 24/10/2017 …………………      .FILED BY: NAGARAJA.M.R.

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

 

Editorial :  Judges  Murder  Innocents

 

    In the recent past , in bangalore city & other parts of karnataka  incessant rains played havoc on civilians. Due  land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

    There are many  statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

   Authorities  enacted  lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

  In the same way , Authorities  enacted  Raaja Kaluve / tributaries  encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of  rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

  A  Karnataka High Court Judge  was shame less in his act to favor the rich. That judge was not moved , sympathetic when  small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t  authorities  divert Raaja Kaluve  itself ?

  Wise Judge Sir , one has to buy pant , shirt according  to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside  civic  / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister,  those lake encroachments , Raaja Kaluve encroachments must be  removed & guilty severely punished.

   Authorities & few judges are hand in glove with land mafia  and  are not acting against rich , powerful violators. Since years  we are  requesting for information under RTI about land grabbings  from MUDA , MCC , BBMNP . BDA , KIADB no  answer ? Appealed to courts , no use. Years back , when we questioned  a  Judge / District Magistrate about hebbal  lake encroachment , he threatened me personally over phone.  The recent  move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely  action was taken by SCI Judges & Karnataka HC Judges  these losses could have been averted. Due to this  unholy nexus , negligence of duties  even by judges   resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

 

Who will bell the cat.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

 

PIL – Land Mafia , Judges & RTI Activist Murder

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

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Law is one & same for all.

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

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

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

4. Averment:

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

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

Karnataka High Court Judges favoring Land Mafia

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

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties , to answer the following RTI questions , to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members and to annul Karnataka High Court order legalizing illegal buildings in Karnataka.

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

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

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

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

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

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

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

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

g . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

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

Karnataka High Court Judges favoring Land Mafia

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

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

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

 

Why MUDA , BDA officials and Public Servants NOT Answering ?

To,

Shri. Dr.Sindhe Bhimsen Rao . H ,

RTI APPELLATE AUTHORITY & CPIO ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

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

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ?

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

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

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

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

Main A :

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

2. If not , why ?

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

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

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

6. Is this scheme applicable for only chosen few ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

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

FEES PAID : IPO 16G 733464 for Rupees TWENTY only

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

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

PIL – Land Mafia and Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

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

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

4. Averment:

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

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

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

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

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

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

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

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

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

HC Judges Favoring Mafia

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

Why NOT Demolish Illegal Bungalows of Ministers

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

Judges Murder RTI

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

BEML Housing Society – RTI Murders

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

 

 

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

 

Cell : 91 8970318202

 

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https://groups.google.com/forum/#%21forum/dalits–diary

 

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October 22, 2017

Judges Murder Innocents

Filed under: dalit human rights — Nagaraja M R @ 4:18 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.41… . 25  / 10 / 2017

 

Editorial :  Judges  Murder  Innocents

 

    In the recent past , in bangalore city & other parts of karnataka  incessant rains played havoc on civilians. Due  land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

    There are many  statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

   Authorities  enacted  lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

  In the same way , Authorities  enacted  Raaja Kaluve / tributaries  encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of  rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

  A  Karnataka High Court Judge  was shame less in his act to favor the rich. That judge was not moved , sympathetic when  small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t  authorities  divert Raaja Kaluve  itself ?

  Wise Judge Sir , one has to buy pant , shirt according  to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside  civic  / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister,  those lake encroachments , Raaja Kaluve encroachments must be  removed & guilty severely punished.

   Authorities & few judges are hand in glove with land mafia  and  are not acting against rich , powerful violators. Since years  we are  requesting for information under RTI about land grabbings  from MUDA , MCC , BBMNP . BDA , KIADB no  answer ? Appealed to courts , no use. Years back , when we questioned  a  Judge / District Magistrate about hebbal  lake encroachment , he threatened me personally over phone.  The recent  move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely  action was taken by SCI Judges & Karnataka HC Judges  these losses could have been averted. Due to this  unholy nexus , negligence of duties  even by judges   resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

 

Who will bell the cat.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

 

PIL – Land Mafia , Judges & RTI Activist Murder

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

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Law is one & same for all.

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

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

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

4. Averment:

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

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

Karnataka High Court Judges favoring Land Mafia

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

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties , to answer the following RTI questions , to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members and to annul Karnataka High Court order legalizing illegal buildings in Karnataka.

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

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

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

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

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

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

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

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

g . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

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

Karnataka High Court Judges favoring Land Mafia

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

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

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

 

Why MUDA , BDA officials and Public Servants NOT Answering ?

To,

Shri. Dr.Sindhe Bhimsen Rao . H ,

RTI APPELLATE AUTHORITY & CPIO ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

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

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ?

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

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

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

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

Main A :

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

2. If not , why ?

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

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

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

6. Is this scheme applicable for only chosen few ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

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

FEES PAID : IPO 16G 733464 for Rupees TWENTY only

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

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

PIL – Land Mafia and Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

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

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

4. Averment:

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

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

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

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

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

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

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

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

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

HC Judges Favoring Mafia

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

Why NOT Demolish Illegal Bungalows of Ministers

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

Judges Murder RTI

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

BEML Housing Society – RTI Murders

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

 

 

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

 

Cell : 91 8970318202

 

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https://sites.google.com/site/dalitsdiary/

 

https://in.groups.yahoo.com/neo/groups/dalitsdiary/info

 

https://groups.google.com/forum/#%21forum/dalits–diary

 

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Abolish Death Penalty

Filed under: dalit human rights — Nagaraja M R @ 4:04 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.40… . 18  / 10 / 2017

 

Death  Penalty  to  Innocents

https://sites.google.com/site/sosevoiceforjustice/death-penalty-to-innocents

 

PIL – Death Penalty

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Chief Justice of India & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:

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

We have utmost heartfelt respects to honest few in judiciary , police & public service. We  SALUTE them. Our effort here is  to bring errant judges , police & public servants to book.

Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is  honesty & integrity  of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police  are inside enemies , traitors and cause more damage to national security  than terrorists , naxalites or  enemy  armies.  Which court dares to hang such  corrupt judges , corrupt police ?

  1. Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding  , abetting  terror don’t deserve humane treatment. One among those terrorists   yakub  memmon responsible for  Bombay  bomb blast  rightly  deserved death sentence.
  2. Dhananjay chatterjee killed an innocent  little girl. He too rightly deserved death sentence.

 

Law Regarding death sentence is right , problem lies in it’s  interpretation & enforcement . some of our  corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement  / match fixing is done.  Read  full details with actual cases ……   A – Z   of   Manipulation  of  Indian  Legal  System

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

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

There is every  possibility of innocent  persons belonging to weaker , vulnerable sections  of society , who cann’t defend themselves  getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges  are NOT Gods. That is why , Judges please don’t play GOD. Please go through  following actual cases fit for death sentences , but with biased view  & under the patronage of powers that be escaped gallows.

  1. Question(s) of Law:
    Why death sentence  to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
  2. Grounds:
    Requests for right , unbiased prosecution , equitable justice for all.
  3. Averment:

    A.  What action against dawood Ibrahim & tiger memmon ? what  action against ministers , police , film personalities  who have ties with dawood & attended  parties hosted by dawood  @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals  ? biased law enforcement.

  4. Why not death sentence to those responsible for  burning Sabarmati express train  passengers ? biased law enforcement.
  5. Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath  state government appealed to higher court seeking death sentence to  perpetrators of godhra riots ? biased law enforcement.
  6. Why not death sentence to those responsible for  murdering RTI activists , whistle blowers  ? biased law enforcement.
  7. Why not death sentence to those responsible for  murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
  8. Why not death sentence to those responsible for  Bombay riots prior to  Bombay bomb blasts ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
  9. Why not death sentence to those responsible for  sikh massacre in delhi after assassination of PM Indira Gandhi ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
  10. Why not death sentence to both  master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
  11. Why not death sentence  to  STF police personnel  who ran a place called “workshop”  in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan   applied very cruel, inhuman 3rddegree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily  constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
  12. Why not death sentence to police officials responsible for cold blooded  murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary,  https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
  13. Why not government pay compensation  to civilian victims  of terrorist acts , riots ? why don’t government pay appropriate  respect , recognition , compensation to police , security , military personnel  who lay down their lives in the line of duty guarding our motherland & our brethren ?
  14. Why lenient punishment  to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
  15. Why no action against corrupt , criminal judges & police  who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby  protecting the crimianls ? biased law enforcement. Read NOTICE  TO  CJI  http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India, https://sites.google.com/site/eclarionofdalit/pil—notice-to-cji
  16. Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids  SALWA JUDUM a counter terrorist , anti naxalite outfit  which  is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government  aided tamil terrorists  in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists  in east Pakistan , ultimately creating Pakistan ?  all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives.  Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of  interfering  in other’s affairs  resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing  aid  to terrorists ? biased law enforcement.
  17. Late Mr.Warren Anderson  was  in control  of Bhopal  United Carbide plant , through internal safety checks &  3rdparty audits  he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However  ministers , government officials of both state & central governments  without  orders , permission from the court  illegally got him out of jail arranged a special car , special aeroplane  for the culprit to escape from law. Years afterwards , a CJI of supreme court of india   diluted the man slaughter charges against  Mr.Anderson. Why no death sentence to Anderson  responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.

 

In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time  death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.

 

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

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

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c . to abolish death penalty or to give choice of death to convicts.

d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.

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

 

 

Why the Death Penalty should be abolished

The risk of executing innocent people exists in any justice system
There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.
The arbitrary application of the death penalty can never be ruled out
The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.
The death penalty is incompatible with human rights and human dignity
The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
The death penalty does not deter crime effectively
The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.
Public opinion is not a major stumbling block for abolition
Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.

It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.

 

 

 

 

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

 

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October 17, 2017

Duping Judges

Filed under: dalit human rights — Nagaraja M R @ 5:07 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.39… . 11  / 10 / 2017

 

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

– Mahatma Gandhi

 

 Editorial : Duping  SCI  Judge’s  Collegium

Recent   decision  of  SCI  collegium’s  move  to make public  the  reasons behind  elevation , non elevation or transfer of judges is a welcome move. But it gives out only  half truth.  SCI   website  gives out observations of  peer  judges  , observations of Intelligence Bureau.  It doesn’t spell out  on the basis of which facts , which cases  IB  or  Peer Judges  gave their observations.  Those actual facts must be made public and  the persons effected by  wrong judgement  of  judges in question  must be  given justice first  by correcting it. Second the said  judge is not only  unfit for elevation , he is  even unfit to continue in the present post as he will mete out more injustices to public. Third the said judge must be removed from service & legally prosecuted for crimes.

When a peer  judge has a caste bias  or  doesn’t like a colleague , definitely  he will have negative  observation towards that colleague. Also the Intelligence Bureau  gives out observation favorable to  powers that be. That is why  generalized   observations of anybody is not right , it must be backed by facts , case details.

This is the very reason  merited  , honest  advocates  , judges belonging to backward castes , weaker sections of  society  are not adequately considered for elevation of judges or for induction of judges from bar.  Whereas judges having  serious allegations against them  still gets elevated on the basis of backing from powers that be.  Many relatives of  judges gets the posting.  While honest  judges who uphold  law and  take to task the  ruling government for their wrongdoings are  denied promotions , victimized. Whereas  judges in  good books with ruling government  inspite  of serious  allegations  against them get promotions.

Say , in a case before court  ‘A’   simply accuses “B”  of a  theft , will the court accept it. Say a commonman accuses a judge or police  of corruption , will the  trial court   judge accept it . Trial court judge demands  facts backing   the accusations.  In the same way ,  SCI  Collegium   must publicize the facts  behind  their reasoning  not mere observations of some tom , dick & harry. If at all their present practice is right  we too have a observation “ The present Chief Justice of India Justice Dipak Mishra is  UNFIT for the constitutional position of CJI. Will he , collegiums or SCI accept it and remove  him  from his post based on mere observations ?

The powers that be  have made a calculated move to deceive the public , as more & more public , learned advocates started demanding accountability of judges from  SCI Collegium. Now they  have mentioned only HALF TRUTHS , why not full truth ? why cut off date from 03.10.2017 only  ? why not from 1990s  till date including recent elevation of  Justice Dipak Mishra to CJI ?

Judges enjoy  5 star pay , perks ,  Air Conditioned bungalows , Air conditioned cars , flight travel , 5 star hospital facility , etc all  at poor tax  payer’s expense. Is it not a SHAME that they don’t give account of their duties , actions to the very same tax payer.  Theses judges  think they are the only wise men on earth and all the poor tax payers are fools.  Collegium is not doing a favor by publishing  half truth reasons  on web sites. Sharing information with the public is  the duty of every public servant including judges. Information  forms part of Expression and  is guaranteed  under Fundamental Right to Freedom of Expression as well as Human Right of Freedom of Expression. It is not a favor by any judges.  Constitution of India is above all , Judges are below it.

Why  not  collegiums  make public announcement  of vacancies  with the eligibility criteria needed .   Then serving judges as well as learned advocates from bar  can face the recruitment process and  based on ranking  final selection can be made.  Then we will  get  few honest judges who have guts  to uphold constitution of india  inspite of  obstacles from powers that be , ruling government.

SCI  Judges are not considering  our  PILs  since years. First  let  the  Judges  first respect  RTI  Act  and give  full , correct , truthful answers to  our RTI  Questionnaire  pending before them since years. Hereby , we demand  SCI  Collegium  to ANSWER  our  Show-Cause Notice to CJI and  RTI  Questions at following web pages and thereby uphold  national security , constitution of india.

JAI  HIND.  VANDE  MATARAM.

 

Your’s  sincerely ,

Nagaraja Mysuru Raghupathi.

 

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

Public Prosecutor   Appointment Scam

http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,

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

 

Four Arrested in  Delhi Police Recruitment Scam

http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/  ,

https://en.wikipedia.org/wiki/Vyapam_scam ,

 

KPSC  , Scam

http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html  ,

http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,

 

Judge   Selection   Illegal

http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html  ,

http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804  ,

http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms  ,

 

Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam

http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/  ,

 

Judges Suspended For Mass Copying

http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html   ,

 

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

Atrocities on  Women  by  JUDGES

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

  A – Z   of   Manipulation  of  Indian  Legal  System

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

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

Justice  Sathasivam –  Are  you  DEAF  DUMB  &  BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME  SHAME  MPs  &  MLAs

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

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

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

 

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

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

 

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

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

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

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

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

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

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

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

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

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

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

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

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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

To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. Even  Press  accreditation  to me as a web journalist is denied till date.  there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

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

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

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

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

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

14. You are responsible for denying me legal aid.

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

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

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

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

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

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

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

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

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

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

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 07.09.2017……………..your’s sincerely,
Place : Mysore , India   ……….Nagaraja  Mysuru Raghupathi

 

 Judge’s  MAFIA  – Accountability  of  Judges

Now in  India ,  along with criminalization of politics , police and executive  criminalization of Judiciary is also evident.  However  Judges  who take lakhs of rupees salary & perks  from  public exchequer  are not  accountable to public. Judges don’t respond to RTI queries  nor  reply  to legal  notices  nor  the decisions of  transfer of judges , elevation or non elevation of judges  are made public. If a judge  has adverse  observations  from Intelligence Bureau or any other statutory body  which makes him unfit for elevation in such a circumstance  that judge is even unfit  to continue in his existing post.

The collegiums of Judges  is behaving like a MAFIA  in league with powers that be.  The honest judges who don’t favor mafia  face dismissal  , arrest , non elevation , transfer , etc.  Judge’s  MAFIA   has time & again  sent  such  subtle message to honest  judges.  Judges  who  have committed crimes but  has the blessings of MAFIA get promotions , favorable postings , enquiries  against them will be manipulated  to save them.

Few judges  although have committed crimes  are technically staying as INNOCENTS by manipulating  fair investigation , prosecution  against  them.  This is an appeal  to  HONEST few in judiciary to  demand  accountability of their corrupt  colleagues.

Judges , Police – Learn Honesty

Life of illegally terminated judge  Mr.Gwal  is a lesson of honesty for all judges & police. Inspite of being  HONEST  in his duties , Mr.Gwal  is suffering at the hands of powers that be & judicial mafia. Mr.Gwal could have choosen the easy , luxurious path of  favoring powers and could have enjoyed luxurious life with his family. He  rightly chose the path to uphold constitution ended  up even without money to pay his children’s school fees. Even  apex  court didn’t come to his rescue. SHAME  SHAME .  Except  for few  honest judges & police , many of them are leading lifestyles beyond the sources  of their legal income.  Few of  them  are successful in  manipulating legal process to continue in service , get promotions despite  grave criminal allegations against them. Some  judges  have  even entered supreme court , what a shame ? They  must learn righteousness  honesty  from  Mr.Gwal.

There are fake lawyers ,  advocates  with uncle judge connections  who are  leading  life styles   beyond the legal sources of their income.  These advocates  are cheating the public & court  as well making contempt of them. Why not criminal prosecutions against those guilty  lawyers , advocates ?

Above all these type of  corrupt  people in gowns of judges , advocates &  corrupt  police preach others  about honesty , integrity and prosecute  other criminals  while they themselves are criminals. It is like a PROSTITUTE  preaching about virginity , chastity to a young girl.

Our whole hearted respects to  few honest judges , police & advocates  in public service. It is an appeal to them to prosecute their corrupt colleagues.  We once again offer our conditional services to SCI  , to apprehend legally  prosecutes criminal judges , criminal police & criminals in public service.  Is CJI  ready ?

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

PIL –   JAIL  Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

 

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

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime. 

Justice  Dipak  Mishra  has a criminal past of fraud ,  cheating the authorities   to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla – Sahara ,  lake , forest , revenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. All through Union Government and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don’t  dance to the  tune of corrupt  higher judges , corrupt ministers  , don’t get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

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

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

 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ?  Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar ,  Supreme Court Judge Dipak Mishra , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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

 

 

PRAYER:

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

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

b. To register FIR  against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of  Birla Sahara Scam ,  Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d. Till investigation is over , hold the promotion of Dipak Mishra  to the post of Chief Justice of India.

e . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

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

 

Dated 12th    August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

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

 

PIL –   Collegium  or  Judge’s  Mafia ?

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

       Now in  India ,  along with criminalization of politics , police and executive  criminalization of Judiciary is also evident.  However  Judges  who take lakhs of rupees salary & perks  from  public exchequer  are not  accountable to public. Judges don’t respond to RTI queries  nor  reply  to legal  notices  nor  the decisions of  transfer of judges , elevation or non elevation of judges  are made public. If a judge  has adverse  observations  from Intelligence Bureau or any other statutory body  which makes him unfit for elevation in such a circumstance  that judge is even unfit  to continue in his existing post.

The collegiums of Judges  is behaving like a MAFIA  in league with powers that be.  The honest judges who don’t favor mafia  face dismissal  , arrest , non elevation , transfer , etc.  Judge’s  MAFIA   has time & again  sent  such  subtle message to honest  judges.  Judges  who  have committed crimes but  has the blessings of MAFIA get promotions , favorable postings , enquiries  against them will be manipulated  to save them.

Few judges  although have committed crimes  are technically staying as INNOCENTS by manipulating  fair investigation , prosecution  against  them.  This is an appeal  to  HONEST few in judiciary to  demand  accountability of their corrupt  colleagues.

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ?  Why  no action against Judge’s MAFIA ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges  &  Corrupt  Public  Servants.

 

4. Averment:

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

 

 

PRAYER:

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

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

b. to make public  the  Judge’s collegium decision first to transfer  Justice Jayant Patel from Gujarath High Court to Karnataka High Court and  afterwards from  Karnataka High Court to  Allahabad High Court.

c. to make public  the  Judge’s collegium decision  NOT  to  elevate Uttarakhand chief  Justice K M Joseph , Orissa High Court Judge  B P Das , Karnataka High Court Judge Jayant Patel.

d. to make public  collegium’s decision against Justice Karnan & Sukma Judge Prabhakar Gwal.

e. certain judges although facing grave criminal charges ,  allegations  but in favorable terms with ruling establishment are elevated example Justice  Dinakaran , Justice Dipak Mishra , Mysore Roost Resort  SEX  scandal fame  Judges , etc. What  is  so special about those judges  which deserves promotion. Also  fair investigation , enquiry , prosecution  against such special judges are stalled , buried  by higher judges , ruling government , why ? make the reasons for stalling investigations , prosecution public .  what is   so SPECIAL ?  Make that special collegium’s decision public.

f. Is It  not shameful to collegium judges that they are  public servants , taking huge salaries , perks from public exchequer  but unaccountable to public. To make  it mandatory accountability of judges to public , accountability of Judge’s collegium to public..

g. to make public  the list of judges  since independence till date  who faced   allegations , actions  taken or not taken against them with reasons thereof.

h. To build  safeguarding mechanism  which  reassures  HONEST  JUDGEs that they will not be victimized , persecuted by higher judges , judge’s collegium or ruling government.

i. In many instances  relatives  of  judges  are being  appointed as judges  from bar. To make public the selection criteria for appointment of judges  from bar.

j. In many  instances  the senior advocates get a patient hearing in courts while  fair hearing is no given to  junior lawyers. Sometimes although junior lawters are making logical argument  presiding judge makes harsh comment  as though  judge himself is more brilliant , wise in the universe.  It is unjust & against law. To make public criteria adopted for designating  lawyers  as seniors &  allocating time for  senior lawyers / junior lawyers.

 

k. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

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

 

Dated  30th September 2017 …………………. FILED BY: NAGARAJA.M.R.

 

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

 

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

By Gaurav Vivek Bhatnagar

 

The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.

 

The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (RTI) Act in particular. Legal luminaries and RTI activists alike believe the court’s must play a more supportive role if greater transparency in public life is to be achieved.

A recent report titled ‘Tilting the Balance of Power – Adjudicating the RTI Act’ by the Satark Nagrik Sangathan (SNS) and the Research, Assessment and Analysis Group (RaaG), notes that before the RTI law was passed, the judiciary played a seminal role in recognising and furthering peoples’ right to information in India. In fact, as far back as 1975, 30 years before the RTI law was enacted, the Supreme Court adjudged the right to information to be a fundamental right.

Besides being the final adjudicatory authority for the law, the Supreme Court and high courts are also public authorities under the RTI Act. The report, authored by RTI activists Amrita Johri, Anjali Bhardwaj and Shekhar Singh, suggests that the RTI Act appears to be facing resistance from the courts, especially when information is sought about their functioning as public authorities.

Is RTI facing resistance from the judiciary?

In the last ten years, scores of RTI applications have been filed by citizens seeking information from the courts, many of which have required judicial adjudication. Five such matters reached the Supreme Court, three of which were referred to a constitution bench that is yet to be set up. The other two cases were dismissed by the apex court at the stage of admission. About the cases that were dismissed, the RaaG-SNS report notes:

“Unfortunately, these cases raised matters of great public interest but were dismissed by the SC without providing any details or reasons in their orders. One of them sought information using the RTI Act, about cases pending with the Supreme Court in which the arguments had already been heard but orders had been reserved. In the other matter, the applicant sought the total amount of medical expenses of individual judges reimbursed by the Supreme Court, citing a Delhi high court ruling of 2010 which stated that, ‘The information on the expenditure of the government money in an official capacity cannot be termed as personal information’.”

Information denied on appointment of judges

In one of the three cases referred to the constitution bench, an RTI applicant filed a request to the Supreme Court in 2009 seeking a copy of the complete correspondence, with file notings, exchanged between the chief justice of India (CJI) and other concerned constitutional authorities relating to the appointment of Justice H.L. Dattu, Justice A. K. Ganguly and Justice R.M. Lodha as judges of the Supreme Court, superseding the seniority of Justice A.P. Shah, Justice A.K. Patnaik and Justice V.K. Gupta. The information sought was denied. When the Central Information Commission (CIC) directed that the information be furnished, the information officer of the apex court appealed directly to the Supreme Court against the order.

CIC order on assets of judges challenged before apex court

In the second case, the RTI applicant asked if any declaration of assets was ever filed by the judges of the Supreme Court or high courts to the respective CJIs. The Supreme Court’s 1997 resolution requires judges to declare to the CJI the assets held by them in their own name, in the name of their spouse or any person dependent on them. The information was denied but the CIC directed that the information sought by the applicant be provided. The CIC order was challenged by the Supreme Court in the Delhi high court, which held that the contents of asset declarations were entitled to be treated as personal information under Section 8(1)(j) of the RTI Act, but since the applicant only sought to know whether the 1997 resolution was complied with, the sought information should be provided. A three-judge bench of the high court stated:

“…A judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.…Accountability of the judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant.’’

This judgement was subsequently challenged by the chief public information officer before the Supreme Court.

In the third case, quoting a media report, an RTI application was filed with the Supreme Court seeking copies of correspondence between the then CJI and a judge of the Madras high court regarding the attempt of a union minister to influence judicial decisions of the said high court. The applicant also sought information regarding the name of the concerned union minister. The CIC, in its order, overturned the decision of the public information officer, which denied the information sought. Bypassing the Delhi high court, the public information officer of the Supreme Court directly moved a petition before the SC challenging the CIC order to disclose information.

Three cases clubbed together

In its order, the Supreme Court, while hearing the case related to correspondence between the CJI and other constitutional authorities about the appointment of judges, clubbed the other two cases with the matter. The apex court order stated that the consideration of a larger bench was required as grave constitutional issues were at stake, including the need to balance the independence of the judiciary and the fundamental constitutional right of citizens to freedom of speech and expression.

The court listed three sets of questions which, according to them, raised substantial questions of law as to the interpretation of the constitution:

  • Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary?
  • Whether the information sought for cannot be furnished to avoid any erosion in the credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision?
  • Whether the information sought for is personal information and therefore exempt under Section 8(1)(j) of the Right to Information Act?

The report by RaaG and SNS notes that while the first two sets of questions do seem to relate to constitutional issues, like the adverse impact peoples’ right to information might have on judicial independence, or amount to interference in the functioning of the judiciary, or compromise its credibility, it is not clear how the third question relating to exemption on grounds that it is personal information under section 8(1)(j) of the RTI Act raises any constitutional concerns.

The report goes on to highlight the contradictions inherent in the stand taken by courts in these matters by quoting judgements of the Supreme Court in which the court has itself discussed one or more of these issues in relation to the judiciary and other public functionaries and ruled in favour of transparency. For instance, the Supreme Court in Manohar s/o Manikrao Anchule vs State of Maharashtra & Anr in 2012 stated that “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision-making not only makes the judges and decision-makers less prone to errors but also makes them subject to broader scrutiny.”

In Union of India vs Association for Democratic Reforms, 2002, the court directed the Election Commission to call for information from all candidates seeking election to parliament or a state legislature, and from their spouses and dependants, about their assets as, “…there are widespread allegations of corruption against the persons holding post and power. In such a situation, question is not of knowing personal affairs but to have openness in democracy for attempting to cure cancerous growth of corruptions by few rays of light. Hence, citizens who elect MPs or MLAs are entitled to know that their representative has not miscomputed himself in collecting wealth after being elected.”

In PUCL vs Union of India in 2003, while examining the plea that contesting candidates should not be required to disclose the assets and liabilities of their spouses as it would violate the right to privacy of the spouses, the Supreme Court held that the fundamental right to information of a voter and citizen is promoted when contesting candidates are required to disclose the assets and liabilities of their spouses. The SC ruled that when there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right, as the latter serves a larger public interest.

Similarly, to ensure transparency and improve the process of selection of judges in Supreme Court in Advocates-on-Record Association and Ors. vs Union of India in 2015, a five-judge bench laid down broad guidelines for the government of India which was tasked with the responsibility of preparing the Memorandum of Procedure for the appointment of judges. Among other things, the guidelines stated that the eligibility criteria and procedure for selection of judges must be transparent and put up on the website of the court concerned and the department of justice. In addition, they required the provision of an appropriate procedure for minuting the discussions including recording the dissenting opinion of the judges in the collegium.

Supreme Court’s changing position 

Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

“If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

On what could have prompted the change, he said, “I can guess very easily. Before the RTI Act came freedom of speech was fine but nobody questioned the court and nobody tried to find out anything about the courts and people would only say, “I have great faith in the judiciary”. The Right to Information for the first time changed that paradigm. A reporter of any newspaper would be wary of what he writes as far as the judiciary is concerned. But RTI people started asking all kind of inconvenient questions. And some things have come out which have been very unpalatable, to say the least.”

Gandhi said now the judiciary refuses to look at RTI applications that have anything to do with them. “When you are in a public office and right to information is there, people will ask all kinds of things. When I was a commissioner, someone had filed an RTI application asking how much bribe Shailesh Gandhi has taken in the last two years. Now, things like this can be upsetting to people. And in my opinion, that is why they have gone against transparency and RTI Act.”

He said that often the judiciary has been very direct in showing its anger against the RTI. “In the first CBSE judgment, they said RTI should not be allowed to damage the peace, integrity and harmony of India. Such a view is okay for terrorists, but not for citizens. I have noticed over time that everyone in power dislikes being transparent.”

Recalling how the website of the Supreme Court was probably the best which existed under Section 4(1)(b) when he was the chief information commissioner, the first chief of the CIC, Wajahat Habibullah said he also, however, understands that having a website and making disclosures are two different things. “And therefore it is quite possible that in this case the Supreme Court has not been very favourably inclined towards the RTI. It simply means that the current phase of RTI in the courts is one that is defensive. It is not anti-RTI, it is more defensive in terms of the openness of the RTI.”

‘Judiciary too resists accountability’

Senior advocate Prashant Bhushan concurred that the judiciary too does not like transparency when it concerns its own accountability. “Unfortunately we have seen that when it comes to themselves, the courts do not want any accountability or any transparency and this we have seen in all kinds of issues.”

For example, he said, “in judicial appointments, the court shies away from transparency, by and large, some judges are exceptions who ask for it, but otherwise they don’t want transparency. Same thing happens with accountability. They don’t want any accountability and, in fact, they have progressively whittled down their accountability.”

Habibullah believes that at the moment “RTI is facing challenges”.

“When I was there [as the Chief Information Commissioner] my dealing was basically at the high court level as there were few cases in the Supreme Court then. The high court decisions were generally very supportive of the RTI. It was the time of the actual establishment of the jurisdiction or expanse of the RTI and these orders were very constructive. Now it is passing through a different phase where there has been some sort of a retreat,” he said.

‘Public pressure can change the tune’

Bhushan said the judiciary has also very often taken contempt action against people who have written anything against the judiciary or the judges. “Therefore, it is very clear that by and large judges do not want any accountability, nor any transparency. And that is why now that the RTI Act has also been applied to them they are passing judicial orders basically obstructing the orders of the CIC. This is what has happened. Ultimately these matters are for the courts to decide. But once there is sufficient public opinion then probably they will change their tune.”

According to Bhardwaj of SNS, given the extremely progressive orders related to transparency by the Supreme Court before the RTI Act was passed, people expect the judiciary to champion the cause of transparency and expand the scope of the law. “The reluctance of the judiciary to submit itself to the RTI Act is very concerning and we really hope that the constitution bench will give a progressive ruling on the questions referred to it. One of the main objectives of the RaaG-SNS report is to provoke a public debate on the manner in which the RTI Act is being interpreted by the adjudicators and to mobilise public opinion to demand greater openness in the functioning of all public authorities including the courts.”

 

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October 1, 2017

Collegium or MAFIA

Filed under: dalit human rights — Nagaraja M R @ 8:39 am

Dalit’s  Diary  –   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.38… . 04  / 10 / 2017

 

 

Editorial  :   Judge’s  MAFIA  – Accountability  of  Judges

Now in  India ,  along with criminalization of politics , police and executive  criminalization of Judiciary is also evident.  However  Judges  who take lakhs of rupees salary & perks  from  public exchequer  are not  accountable to public. Judges don’t respond to RTI queries  nor  reply  to legal  notices  nor  the decisions of  transfer of judges , elevation or non elevation of judges  are made public. If a judge  has adverse  observations  from Intelligence Bureau or any other statutory body  which makes him unfit for elevation in such a circumstance  that judge is even unfit  to continue in his existing post.

The collegiums of Judges  is behaving like a MAFIA  in league with powers that be.  The honest judges who don’t favor mafia  face dismissal  , arrest , non elevation , transfer , etc.  Judge’s  MAFIA   has time & again  sent  such  subtle message to honest  judges.  Judges  who  have committed crimes but  has the blessings of MAFIA get promotions , favorable postings , enquiries  against them will be manipulated  to save them.

Few judges  although have committed crimes  are technically staying as INNOCENTS by manipulating  fair investigation , prosecution  against  them.  This is an appeal  to  HONEST few in judiciary to  demand  accountability of their corrupt  colleagues.

Judges , Police – Learn Honesty

Life of illegally terminated judge  Mr.Gwal  is a lesson of honesty for all judges & police. Inspite of being  HONEST  in his duties , Mr.Gwal  is suffering at the hands of powers that be & judicial mafia. Mr.Gwal could have choosen the easy , luxurious path of  favoring powers and could have enjoyed luxurious life with his family. He  rightly chose the path to uphold constitution ended  up even without money to pay his children’s school fees. Even  apex  court didn’t come to his rescue. SHAME  SHAME .  Except  for few  honest judges & police , many of them are leading lifestyles beyond the sources  of their legal income.  Few of  them  are successful in  manipulating legal process to continue in service , get promotions despite  grave criminal allegations against them. Some  judges  have  even entered supreme court , what a shame ? They  must learn righteousness  honesty  from  Mr.Gwal.

There are fake lawyers ,  advocates  with uncle judge connections  who are  leading  life styles   beyond the legal sources of their income.  These advocates  are cheating the public & court  as well making contempt of them. Why not criminal prosecutions against those guilty  lawyers , advocates ?

Above all these type of  corrupt  people in gowns of judges , advocates &  corrupt  police preach others  about honesty , integrity and prosecute  other criminals  while they themselves are criminals. It is like a PROSTITUTE  preaching about virginity , chastity to a young girl.

Our whole hearted respects to  few honest judges , police & advocates  in public service. It is an appeal to them to prosecute their corrupt colleagues.  We once again offer our conditional services to SCI  , to apprehend legally  prosecutes criminal judges , criminal police & criminals in public service.  Is CJI  ready ?

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

PIL –   JAIL  Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

  1. Facts of the case:

 

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

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime.

Justice  Dipak  Mishra  has a criminal past of fraud ,  cheating the authorities   to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla – Sahara ,  lake , forest , revenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. All through Union Government and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don’t  dance to the  tune of corrupt  higher judges , corrupt ministers  , don’t get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

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

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

 

 

  1. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before  law ?  Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

  1. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar ,  Supreme Court Judge Dipak Mishra , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

  1. Averment:

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

 

 

PRAYER:

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

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

  1. To register FIR  against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of  Birla Sahara Scam ,  Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.
  2. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.
  3. Till investigation is over , hold the promotion of Dipak Mishra  to the post of Chief Justice of India.

e . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

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

 

Dated 12th    August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

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

 

PIL –   Collegium  or  Judge’s  Mafia ?

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

….Respondents

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

  1. Facts of the case:

Now in  India ,  along with criminalization of politics , police and executive  criminalization of Judiciary is also evident.  However  Judges  who take lakhs of rupees salary & perks  from  public exchequer  are not  accountable to public. Judges don’t respond to RTI queries  nor  reply  to legal  notices  nor  the decisions of  transfer of judges , elevation or non elevation of judges  are made public. If a judge  has adverse  observations  from Intelligence Bureau or any other statutory body  which makes him unfit for elevation in such a circumstance  that judge is even unfit  to continue in his existing post.

The collegiums of Judges  is behaving like a MAFIA  in league with powers that be.  The honest judges who don’t favor mafia  face dismissal  , arrest , non elevation , transfer , etc.  Judge’s  MAFIA   has time & again  sent  such  subtle message to honest  judges.  Judges  who  have committed crimes but  has the blessings of MAFIA get promotions , favorable postings , enquiries  against them will be manipulated  to save them.

Few judges  although have committed crimes  are technically staying as INNOCENTS by manipulating  fair investigation , prosecution  against  them.  This is an appeal  to  HONEST few in judiciary to  demand  accountability of their corrupt  colleagues.

 

  1. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before  law ?  Why  no action against Judge’s MAFIA ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

  1. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges  &  Corrupt  Public  Servants.

 

  1. Averment:

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

 

 

PRAYER:

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

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

  1. to make public the Judge’s collegium decision first to transfer  Justice Jayant Patel from Gujarath High Court to Karnataka High Court and  afterwards from  Karnataka High Court to  Allahabad High Court.
  2. to make public the Judge’s collegium decision  NOT  to  elevate Uttarakhand chief  Justice K M Joseph , Orissa High Court Judge  B P Das , Karnataka High Court Judge Jayant Patel.
  3. to make public collegium’s decision against Justice Karnan & Sukma Judge Prabhakar Gwal.
  4. certain judges although facing grave criminal charges , allegations but in favorable terms with ruling establishment are elevated example Justice  Dinakaran , Justice Dipak Mishra , Mysore Roost Resort  SEX  scandal fame  Judges , etc. What  is  so special about those judges  which deserves promotion. Also  fair investigation , enquiry , prosecution  against such special judges are stalled , buried  by higher judges , ruling government , why ? make the reasons for stalling investigations , prosecution public .  what is   so SPECIAL ?  Make that special collegium’s decision public.
  5. Is It not shameful to collegium judges that they are public servants , taking huge salaries , perks from public exchequer  but unaccountable to public. To make  it mandatory accountability of judges to public , accountability of Judge’s collegium to public..
  6. to make public the list of judges since independence till date  who faced   allegations , actions  taken or not taken against them with reasons thereof.
  7. To build safeguarding mechanism which  reassures  HONEST  JUDGEs that they will not be victimized , persecuted by higher judges , judge’s collegium or ruling government.
  8. In many instances relatives of  judges  are being  appointed as judges  from bar. To make public the selection criteria for appointment of judges  from bar.
  9. In many instances the senior advocates get a patient hearing in courts while  fair hearing is no given to  junior lawyers. Sometimes although junior lawters are making logical argument  presiding judge makes harsh comment  as though  judge himself is more brilliant , wise in the universe.  It is unjust & against law. To make public criteria adopted for designating  lawyers  as seniors &  allocating time for  senior lawyers / junior lawyers.

 

  1. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

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

 

Dated  30th September 2017 …………………. FILED BY: NAGARAJA.M.R.

 

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

 

 

 

Gujarath  High Court Advocate Letter

https://barandbench.com/wp-content/uploads/2017/09/GHCAA-Letter-watermark.pdf

Justice Jayant Patel resignation: K’taka law minister reacts, lawyers to suspend work

 

Many have suggested that Justice Patel is paying the price of his ruling in the Ishrat Jahan case in Gujarat, back in 2011

 

The sudden resignation of Justice Jayant Patel has triggered strong reactions from state Law Minister TB Jayachandra and also from the state’s lawyers.

The minister said, “Justice Patel was one of the most honest and best judges I have seen,” calling the development as unfortunate.

Lawyers in Karnataka are also set to boycott work for one day, Advocate-general Madhusudan R Naik told The New Indian Express. An emergency meeting is likely to be held by the state Bar Council.

Justice Patel, who is the senior-most puisne judge had tendered his resignation after he was transferred to Allahabad High Court.

He was eligible to be the Chief Justice of the Karnataka High Court as Chief Justice SK Mukherjee is set to retire on October 9. But the judge refused to speak on his non-elevation citing “institutional discipline”.

If he had accepted the transfer, Justice Patel would have retired being the third senior judge in Allahabad HC.

Speaking to reporters on Tuesday, he cited that he did not want to move to a new place for just 10 months.

“I did not want to move to a new place for a period of 10 months. This is the reason I resigned. I have put in 16 years in service,” he said.

This is not the first time that Justice Patel has been passed up for a promotion. The senior judge was the Acting Chief Justice of the Gujarat High Court, prior to his transfer to Karnataka.

Many have suggested that Justice Patel is paying the price of  his ruling in the Ishrat Jahan case in Gujarat, back in 2011. Justice Patel was part of the division bench that handed over the investigation into the 2004 killings of Ishrat Jahan, Javed Sheikh and two others, to a Supreme Court-appointed Special Investigation Team (SIT).

 

LAWYERS’ COMMUNITY BANGALORE, KARNATAKA

 

 

To,                                                                                   

The Hon’ble Chief Justice Of India

Supreme Court of India,

Open Letter to the Supreme Court Collegium regarding the transfer and supersession of the seniority of Justice Jayant Patel

The decision of the Collegium transferring Justice Jayant Patel to the Allahabad High Court resulting in his supersession to the post of the Chief Justice of the Karnataka High Court has shocked the advocates not only in Karnataka, but across the country. Justice Jayant Patel is known as a fair, impartial and independent judge. The decision of the collegium to transfer him has once again brought to the forefront the issues relating to the absolute lack of transparency and accountability in the functioning of the collegium system.

Several attending circumstances raise further doubts as to the propriety of the decision of the collegium. Considering the impeccable record and clinical efficiency of Justice Jayant Patel, becoming the Chief Justice of the Karnataka High Court was a natural progression in his tenure, which he has now been deprived of. The timing of the transfer clearly shows that it was intended to ensure that Justice Jayant Patel would not be made Chief Justice of the Karnataka High Court. Further, the transfer being evidently unwarranted at this juncture, having regard to the serious shortage of Judges in the Karnataka High Court, due to more than 50% of the posts of judges being vacant, also, call for disclosure of reasons behind his transfer.

This is not the first time that Justice Jayant Patel has been superseded. Previously, in 2015, when he was the acting Chief Justice of the Gujarat High Court, he was transferred to the Karnataka High Court. We must remember that the last famous supersession happened during the emergency, when Justice H.R. Khanna was superseded for his dissenting opinion in the Habeas Corpus case. The lack of transparency and accountability at that juncture had allowed for such grave injustice. It is indeed ironic that after Justice Khanna was vindicated on 24.08.2017 by the Supreme Court in the judgment of the Right to Privacy Case, that the Collegium has taken this decision. The independence of the judiciary is an essential attribute of Rule of law, and the actions taken against Justice Jayant Patel raises serious questions regarding the independence of the judiciary and hence the rule of law itself.

We, the members of the Bangalore Bar are of the opinion that this action against Justice Jayant Patel is symptomatic of the lack of accountability and transparency in the judicial system. This affects the independence of the judiciary and erodes the fundamental values of our Constitution.

Thus, we believe, that in the light of the facts and circumstances narrated above, the independence of the judiciary is at stake. Hence, we demand that the Apex Court Collegium make public the reasons for the transfer of Justice Jayant Patel, the agenda for the meeting in which the decision was taken and the minutes of the meeting of the Collegium. We also seek that the order of transfer issued to him be immediately revoked and his resignation not be accepted.

 

Supreme Court collegium should explain why Justice Jayant Patel’s transfer was in public interest

The manner in which the transfer was effected has raised questions about transparency in judicial appointments.

 

Justice Jayant Patel of the Karnataka High Court resigned on September 25, after he was transferred to the Allahabad High Court.

The transfer meant Patel lost the opportunity to become chief justice of the Karnataka High Court, where he was the second-most senior judge. In the Allahabad High Court, he would have been relegated to the position of the third-most senior judge. When appointing chief justices, the Supreme Court collegium usually (but not exclusively), considers a candidate’s seniority.

The resignation of Patel, who originally belonged to the Gujarat High Court, has caused a stir in the judiciary. The Karnataka State Bar Association has asked lawyers to abstain from work on October 4 to protest the transfer. In Gujarat, lawyers stopped work on Wednesday.

This was Patel’s second transfer. In 2016, he was moved from Gujarat to Karnataka, where he has since served as a puisne judge.

The manner in which the transfer was effected has raised serious questions about transparency in judicial appointments. Appearing in a debate on NDTV Wednesday evening, senior advocate Dushyant Dave alleged political interference in the decision. He noted that as acting chief justice of the Gujarat High Court, Patel had ordered the Central Bureau of Investigation to inquire into the murder of Mumbai teenager Ishrat Jahan by Gujarat police officers in 2004. They claimed that Jahan and her three companions were conspiring to kill Narendra Modi, who was then Gujarat’s chief minister. The investigation ordered by Patel led to charges being filed against several senior police officers and embarrassed the state government led by Modi.

These allegations aside, Patel’s transfer begs an important question: Did the Supreme Court follow its own observations on transferring judges?

Judicial transfers

Judges are appointed by a a five-member collegium, consisting of the Chief Justice of India and the four most senior judges of the Supreme Court. The collegium system of judges appointing their fellow judges developed over time through judgements of the Supreme Court. The most important of them was the Supreme Court Advocates On Record Association vs Union of India, 1993. The Constitution created a system in which the President would appoint judges after consulting with the Chief Justice of India. But the 1993 verdict effectively gave all powers to appoint judges to the judiciary.

It also dealt with their transfers and laid down guidelines on how the process should be handled. Referring to Article 222(1) of the Constitution, which gives the President the power to transfer judges, the judgement stated:

“There is nothing in the language of Article 222(1) to rule out a second transfer of a once transferred judge without his consent but ordinarily the same must be avoided unless there exist pressing circumstances making it unavoidable. Ordinarily a transfer effected in public interest may not be punitive but all the same the Chief Justice of India must take great care to ensure that in the guise of public interest the judge is not being penalised.”

Two things stand out in this observation when applied to Patel’s case. One, he was being transferred for a second time. Two, it is clear from Patel’s resignation that the decision did not have his consent.

Although the consent of the judge being transferred is not strictly necessary, the 1993 judgment makes it clear that consent should be taken “unless there exist pressing circumstances making it unavoidable”. In addition, the circumstances must be in “public interest”.

Here lies the problem. The collegium’s decisions are not made public, which means there is no public scrutiny of the circumstances leading to a decision. Also, the Supreme Court has made it clear that the collegium need not justify its decisions. This is why allegations such as Dave’s are impossible to verify.

Further, transfers are not justiciable, which means that a judge who is transferred cannot challenge the order in the Supreme Court except if the transfer was made without the collegium’s approval – an impossible prospect as the President, following the 1993 order, does not have the power to appoint or transfer judges without the concurrence of the Chief Justice of India. The transfer has to be initiated by the collegium.

This touches upon the most crucial aspect of Patel’s transfer: what were the “pressing circumstances” and “public interest” that necessitated his move to the Allahabad High Court? The answer to this question may never be known given the opacity of the collegium.

One thing, though, is clear from reactions to Patel’s transfer by lawyers in Gujarat and Karnataka: he has a reputation of being an upright and efficient judge. Unlike, say, former Karnataka High Court judge PD Dinakaran, who was moved out to Sikkim in 2010 following corruption allegations, Patel apparently had no serious complaints against him.

Lawyers protest

This is the context in which lawyers’ groups are vociferously protesting Patel’s transfer. A resolution passed by the Karnataka State Bar Council on Tuesday stated:

“That the entire legal fraternity is anguished and is greatly disturbed by the shaking of faith/confidence in the collegium system; which has meted out such treatment to the Hon’ble Mr. Justice Jayant Patel, who apparently, has satisfactorily discharged his duties and functions as a Judge.

Members of the Bar perceive that, apparently decision makers in judiciary and executive have overlooked the aspirations and spirit of the National Judicial Appointments Commission verdict in achieving transparency by the actions reflected in recent events, like proposed transfer of Hon’ble Mr. Justice Jayant Patel on the eve of incumbent Chief Justice of Karnataka retiring and need to appoint another in the vacancy accruing.”

In a 2015 judgement rejecting the proposed National Judicial Appointments Commission, the Supreme Court recommended improving the transparency of the collegium system. But not much has happened on that front. The Centre and the Supreme Court are locked in a battle over the formulation of a new memorandum of procedure for judicial appointments, with the court objecting to certain clauses in the draft that give the Centre a greater say in the process.

Meanwhile, the Bar Council of India has issued a show cause notice to Dave for his allegations against Chief Justice of India Deepak Misra and the collegium. The Supreme Court Bar Association has expressed concern over the manner of Patel’s transfer, saying its executive committee will meet on October 3 to discuss the matter.

 

What I said on NDTV is the truth, Dushyant Dave responds

 

Senior Advocate Dushyant Dave has given an initial response to the news about Bar Council of India (BCI) issuing a show cause notice against him for his remarks against CJI Dipak Misra.

Speaking to Bar & Bench, Dave stood by his remarks on air stating that what he said on NDTV is the truth.

“I haven’t still got the notice and not read it . But what I said on NDTV last night is the truth.”

He further said that it is a matter of grave concern that the conduct of judges go unchecked and allegations against CJI Misra were very serious.

“It is a matter of concern for all in legal system and nation that such conduct of Judges go unchecked. In fact BCI should have opposed Justice Dipak Misra’s appointment to the highest judicial office to which only the best and non-controversial person can be appointed. The allegations against him were serious and those holding Constitutional offices should have been conscious and not appointed him.”

Dave said that he has nothing personal against CJI Dipak Misra but the allegations against him should be investigated.

“These allegations are not even being investigated but are suppressed from the Nation. I have nothing personal against him but it worries me as a citizen and a lawyer that with such background, the Executive is bound to exploit the situation especially when the SC today has to deal with highly political matters of far reaching consequence.”

Dave also condemned the Bar Council of India calling it a body which has not held elections for years under “some pretext”.

“BCI, by doing this gives an opportunity to bring on fore what should have been debated by Nation earlier. Advocates Act gives no such power to BCI, a body which has not held elections for years under some pretext and Mr. Mishra continues to occupy the position as Chairman unduly. I will happily contest this notice to prove that I was right and BCI is wrong.”

Public Prosecutor   Appointment Scam

http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,

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

 

Four Arrested in  Delhi Police Recruitment Scam

http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/  ,

https://en.wikipedia.org/wiki/Vyapam_scam ,

 

KPSC  , Scam

http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html  ,

http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,

 

Judge   Selection   Illegal

http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html  ,

http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804  ,

http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms  ,

 

Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam

http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/  ,

 

Judges Suspended For Mass Copying

http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html   ,

 

JAIL   Chief  Justice  Dipak Mishra

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

 

Mishra Threatens Complainant

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

 

Notice  To  Chief  Justice  of  India

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

 

Judicial  Tyranny

https://sites.google.com/site/dalitsdiary/judicial-tyranny ,

 

Judges  SEX  crimes

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

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

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

 

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

 

 

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

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

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

 

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

 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

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

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

 

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

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

 

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

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

 

 

 

 

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