SOS e Clarion Of Dalit

November 16, 2016

Judges Sex Crime Cover-ups

Filed under: Uncategorized — Nagaraja M R @ 9:48 am

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

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.7 issue.48… .27/11/2013

 

 

JUDGES , SEX  &  CRIME  COVER-Ups

 

Now days  we are  seeing   frequent  reports   of  Judges  involvement  in  crimes  , sexual assaults  , misuse of office , etc  in the media.  They  are  hushing  up  , covering  up  those  crimes  by misusing  their  power , enormous  clout.  Legal  Immunity  applies  only  to  their  official  actions  but  not  to their  actions  as individuals  , their  criminal  actions.  These  guilty  public  servants  cunningly  intertwine  their  official  &  personal  actions  to  escape  legal  prosecution  , in  this  backdrop   to  bring  out  the  wrong  ,  illegal  work  practices  of  public  servants , judges , police  I  have raised  basic  questions   about  their  work  practices  in  public  interest.  Till date  the  guilty  public  servants  have   not  given  their  full  replies  at  all  ,  as  they  have  much  to  hide  than  to  reveal.

 

Once again   I  am  raising  those  questions  to  Honourable  Chief  Justice  of  India  to  answer  at  the  earliest   in  public  interest :

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

 

CPIO , DG& IGP , BANGALORE     Reference No : 1053/RTI/SP(PRO)/2012/RPAD  dated 13.09.2012 

CPIO , CMO , BANGALORE        Reference No : CM/622/RTI/2012 dated 07.09.2012 

CPIO , RAJBHAWAN , BANGALORE    Reference No : GS 165 RTI 2012 dated 03.09.2012

CPIO , UNION HOME MINISTRY , GOI , NEW DELHI  Reference No : Dy.No.121805/DS/CS/2012-CSR.III  dated 12.09.2012 

 

CPIO , RAJYASABHA , NEW DELHI    Reference  No.RS/2(458)/2012-RTI  dated 17.09.2012 

 

CPIO , LOKSABHA , NEW DELHI  Reference No : 1 (979) / IC/12  dated 24.08.2012  and  No.1 (1030) / IC / 12  dated 03.09.2012 

CPIO , RASHTRAPATHI BHAWAN , NEW DELHI  Reference No: 955/RTI/08/12-13 dated 29.08.2012 

CPIO , SUPREME COURT OF INDIA , NEW DELHI , NO REPLY

 

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.

 

RTI  First Appeal Made to  First Appellate Authorities

 

RTI APPELLATE AUTHORITY , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

 

The concerned  CPIO  has failed to provide information to me , thereby he is shielding the criminals , anti nationals. In turn CPIO himself has committed crimes. It goes to prove the existence of Criminal Nexus between CRIMINALS  –  CORRUPT PUBLIC SERVANTS  –  CORRUPT POLITICIANS.

 

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 

 

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

 

Main  A :

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

 

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

 

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

 

Main  B :

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

 

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

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

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

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

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

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

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

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

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

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

 

Main  C :

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

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

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

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

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

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

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

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

 

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

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

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

HONOR OF INDIAN PALIAMENT FOR SALE

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

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

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

 

 

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

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

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

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

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

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

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

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

 

 Main   D  :


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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2012 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

PUBLIC INFORMATION OFFICERs who failed to provide information and shielding criminals ,  anti nationals :

1. PIO , O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.

2. PIO , O/O  H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.

3. PIO O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.

4. PIO O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.

5. PIO , O/O Union Home Minister ,GOI , New Delhi.

6. PIO , O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.

7. PIO , O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.

8. PIO , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

Fees Paid :

1.                  IPO 08F 429306 for rupees ten only.

2.                  IPO  08F 429307 for rupees ten only.

3.                  IPO 08F 429308 for rupees ten only.

4.                  IPO 08F 429309 for rupees ten only.

5.                  IPO  08F 429310 for rupees ten only.

6.                  IPO 08F 430701   for rupees ten only .

7.                  IPO  08F 430702 for rupees ten only .

8.                  IPO  08F 430703 for rupees ten only. 

 

Enclosed :

1.                  Police Complaint dated 20.08.2012

2.                  Show Cause Notice Dated 20.08.2012

3.                  ABCD Lesson of Democracy.

 

DATE :  02.10.2012 ……………..………………………NAGARAJA.M.R.

 

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

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. However, the corrupt in public service don’t deserve

respect as individuals – as they are parasites in our legal system. Still we respect the

chairs they occupy but not the corrupt individuals.

All the following articles / issues , past cases of sexual assaults on women by judges (hushed up ?) , whole articles published in the weblinks mentioned

below forms part of this appeal. The term “JUDGE” mentioned throught includes all public

servants discharging judicial functions right from taluk magistrates , quasi-judicial

officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

The public servants & the government must be role models in law abiding acts , for others

to emulate & follow. if a student makes a mistake it is excusable & can be corrected by

the teacher. if the teacher himself makes a mistake , all his students will do the same

mistake. if a thief steals , he can be caught , legally punished & reformed . if a police

himself commits crime , many thieves go scot- free under his patronage. even if a police ,

public servant commits a crime , he can be legally prosecuted & justice can be sought by

the aggrieved. just think , if a judge himself that too of apex court of the land itself

commits crime – violations of RTI Act , constitutional rights & human rights of public and

obstructs the public from performing their constitutional fundamental duties , what

happens ? it gives a booster dose to the rich & mighty , those in power , criminals in

public service to committ more crimes. that is exactly what is happenning in india. the

educated public must raise to the occassion & peacefully , democratically must oppose

this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

Law student sexually harassed by ex-Supreme Court judge:  case is not unique, but speaking out is nearly impossible

 

http://www.legallyindia.com/201311114099/Interviews/sexual-harassment-supreme-court-is-common  ,

 

In India , corruption , favouritism is prevalent in all recriutment / selection processes. The selection is made on bribe , caste , religion but definitely NOT on the basis of Merit & Integrity. The selection to the posts of even Supreme court Judges , quasi judicial officers like district magistrates , taluk magistrates , police , etc is  not above board. For example  we have recently seen the  illegalities  in KPSC  interviews selecting  gazetted officers  to government of karnataka service. These tainted , ineligible unfit  waste body candidates who get selected as  judges , police through devious means  sell their judicial orders , executive orders , police orders for a price. The denotfications of government lands , etc  as in the case of Mysore  DC  Vastrad , as in the case of Neglect of Hebbal  Lake &, BEML Quarters Lake Encroachment by DC Manivannan , as in the case of Land irregularities by Bangalore DC Aiyyappa , changing the penal clause  of penal  charges to favour the criminal  as in the case of  union carbide’s warren Anderson from mass murder to  improper management of the facility ,  as in the case of Sanjay dutt  from TADA charges to illegal possession of arms  , etc.  The police for a price fix innocents , file B reports  favouring the criminals to close the case ,  prefer not to file an appeal in the  higher court , etc. As in the case of Bofors , as in the case of past SP  of chamarajanagar Puttaswamy taking bribe from a granite quarry owner  for filing B-report in a case. Disgracefully , recently a judge  tainted in  MYSORE  ROOST  RESORT  SEX  SCANDAL  was  promoted  as  a  supreme court  judge. What Justice common folk can expect from these corrupt bodies ? They turn illegalities into legal issues by their orders. These CORRUPT  Judges , Police , District Magistrates , Taluk Magistrates are doing more damage to India’s  Unity & Integrity  than the  Naxalites & Terrorists. These corrupt public servants must be put behind bars together with terrorists & naxalites. Let the sense prevail & Democracy prosper. The Honest few in Judiciary , Police & Executive must raise upto the occasion to SAVE DEMOCRACY & to  kick out their corrupt colleagues from office.

 

 

Your’s Sincerely ,

Nagaraja.M.R.

 

 

 

Supreme Court zeroes in on ‘harass’ judge; support for disclosure grows CJI lauded for probe order

R. BALAJI

 

New Delhi, Nov. 15: The Supreme Court appears to have identified the former judge who is accused of sexually assaulting at least two law interns while in office, sometime about two years ago.

On the Chief Justice of India’s directions, the court registry has checked the intern-assignment records relating to judges who retired in the past two years, sources told The Telegraph.

They said that while convention demanded that an intern work with a particular judge for only a month, the accused judge seemed to have insisted that the women interns work with him for six months.

According to the sources, the feeling among the higher judiciary is that the judge should be named, if only to end the speculation about the other judges who retired recently. So far, the accused judge has not been named.

Legal experts have complimented the Chief Justice for setting up a three-judge panel to probe the allegations after one intern came out with sexual assault charges on November 6. Since then, a second intern has made similar accusations against the same judge.

Such a panel has no precedent in the Supreme Court’s history, nor has any sitting or former apex court judge ever faced charges of sexual harassment at the workplace before.

Legal experts said the Constitution had no provision for the apex court setting up such a committee but added that the top court could certainly do so under the extraordinary powers granted to it by Article 142.

What the committee will do is question the first intern (she has been requested to appear before it on Monday, November 18) and then confront the accused judge.

If the panel prima facie finds truth in the allegations, it can direct the police to register an FIR. A PTI report said police have initiated a preliminary probe into the case.

If the judge is convicted of assaulting or using criminal force with intent to outrage a woman’s modesty (molesting her), he can be jailed for two years. A rape conviction can put him behind bars for life or at least 10 years.

The Judges Protection Act 1985 grants judges and former judges immunity from prosecution for actions committed in the discharge of their official duties. The immunity does not apply to cases of molestation or rape as such offences cannot conceivably be a fallout of a judge performing his job, legal experts said.

“(Even) if the offence was committed while he was a sitting judge, he is amenable to all the laws of the country that apply to all ordinary citizens,” said Jaspal Singh, a former Punjab and Haryana High Court judge who now practises as a lawyer in the Supreme Court.

“The allegations are very serious; the law will take its own course,” he added.

Asked if the judges’ panel had judicial sanctity, Singh said: “(Such) charges against a judge of the Supreme Court are a very serious matter. They involve the institution and therefore they (the court) want to verify the charges before taking any action.”

Senior counsel Dushyant Dave said the CJI had done “an extremely good thing” by forming the panel to probe a “brother judge”.

“That this is an in-house committee owes not to any legal requirement but more to propriety,” he said.

He added that the police must not act unless and until the panel asked them to register an FIR, for neither has the accused been identified yet, nor has any of the interns lodged a formal complaint.

“If any third party has lodged a complaint without proper material, it makes no sense,” Dave said.

He added: “It’s a very serious charge; the judge concerned has to face the music.”

 

Nothing but the truth
By Indira Jaising


A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a ‘sex scandal’ on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, “Don’t quote me… but…”
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the ‘in-house’ procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a ‘sex scandal’.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done “without fear or favour”? Judges swear on oath of allegiance to “bear true faith” to the Constitution and do justice “without fear or favour”. How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered ‘punishment postings’ where people are sent a la ‘crossing Kala Pani’ of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women’s organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.

 

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

 

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls

alleged that when they went to the magistrate’s chamber to give their statement, he allegedly

made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the

judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

 

 

 

Another law intern alleges sexual harassment by a former SC judge

 

New Delhi: Another law intern has leveled allegations of sexual harassment against a former Supreme Court judge. A Supreme Court committee is already probing allegations made by another student and had asked her to appear before it.

Earlier, a woman lawyer had written a blog in which she charged a former Supreme Court judge of sexually harassing her, while she interned with him in 2012. The woman lawyer who completed her law degree from National University of Jurdicial Sciences, Kolkata wrote is her blog, “In Delhi at that time, interning during the winter vacations of my final year in the University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather.”

She had also claimed that at least three other girls have also faced harassment by the same judge. The girl said that she had refrained from disclosing the details initially due to the high position that the judge held.

The Chief Justice of India said, “As the head of the institution, I am also concerned about the allegations and anxious whether the statement is true or not. The committee will go into the whole affair and find out the facts. We are taking steps and in cases of sexual harassment, we cannot take it lightly.”

 

Another law student who interned with the Supreme Court has accused a now-retired judge of sexually harassing her, barely a week after similar charges were levelled by another intern.

The latest allegations were made on a Facebook post on November 11 and reported by a law website, Legally India, on Thursday.

The same website had given the link to the first intern’s blog, describing her ordeal. The Supreme Court has appointed a three-judge panel to inquiry into her allegations and the victim has been asked to record her statement on November 18.

But unlike the first instance, the website this time has not given the link to the Facebook post or identified the woman. When contacted Kian Ganz, who reported both the incidents, told HT: “I got to know about the second intern’s experience with the judge through the Facebook post. However, I wasn’t able to confirm if she wanted to go public.”

The second victim, too, was an intern with the same judge, the website said. HT, however, could not confirm the claims or the allegations independently. The two women can’t be identified for legal reasons.

The excerpts uploaded on Legally India on Thursday quote the second intern as saying she was “at the receiving end of unsolicited sexual advance more than once”. Both the interns knew each other, the report claimed. 

“…. we kept attributing all the signs of leeriness to our hypersensitivity… We discussed innocuously said off-colour remarks and dismissed their creepiness because we really respected him [the judge], and the possibility seemed at odds with everything we knew about him, his ideas about feminism, patriarchy, social justice…,” the website quoted from the second intern’s post.

The first intern had alleged that the judge had misbehaved with other women interns as well.

The second intern said as much. “In this case, we spoke to other women… and found out that there was a history to such behaviour.”

“We also alerted some female senior faculty to the incident so that they would ensure that no female student was assigned work with him without being told to be on her guard.”

The website further quotes her as saying “he promised, incidentally, that he would never misbehave with another lady. Maybe it’s naiveté to believe him. Maybe it’s just youthful optimism. Being brave is tougher than it appears on the face of it, no?”

The post then goes on say that the judge “lost his RA’s [research assistants] and got a dressing down from a 23-year-old which should have come from his father.

“Why deprive girls from the chance to work with an illustrious mind because the mind is a little sick? A guy who gets the task would get a savvy CV and a better job opp (opportunity). We didn’t want girls to be left at a disadvantage,” the post, as uploaded on Legally India, read.

 

 

 

 

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible

 

A law graduate who recently blogged about how a retired Supreme Court judge sexually

assaulted her while she was his intern, says that the problem is real and not uncommon amongst

the judiciary and senior bar but that she sees few if any ways of tackling it.

Stella James, who graduated from NUJS Kolkata this year and now works at the NGO Natural

Justice, Lawyers for Communities and the Environment, wrote about an alleged incident of

physical, sexual assault by an unnamed, retired Supreme Court judge in late 2012.

In a post that was published on the blog of the NUJS Journal of Indian Law and Society on 6

November, she wrote about trying to come to terms with her experience of 24 December 2012,

Christmas Eve, ironically against the backdrop of the then-ongoing Delhi gang rape protests:

“In Delhi at that time, interning during the winter vacations of my final year in University, I dodged

police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme

Court judge whom I was working under during my penultimate semester. For my supposed

diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless

violating) from a man old enough to be my grandfather. I won’t go into the gory details, but suffice

it to say that long after I’d left the room, the memory remained, in fact, still remains, with me.”

“Frankly I was really shocked,” James tells Legally India in an interview today. “There’s this thing:

a person who is a Supreme Court judge – you don’t expect a Supreme Court judge to harass

somebody.”

However, she says that her experience was neither uncommon, nor merely restricted to the

judiciary: “I’ve heard of three other cases [of sexual harassment] by the same judge and I know of

at least four other girls who’ve faced harassment from other judges – not perhaps as [bad as

mine]: most of them were in the chambers of the judge and other people around, so it never gets

too bad.

“A girl I know faced continuous sexual harassment throughout and sexual advances, and actually

faced troubles through her work because of it.” And she says she’s heard of Supreme Court

senior counsel who have made passes at or have continuously harassed interns for longer

periods.

And though it is barely, if at all, known outside legal circles, it is a bit of an open secret or a “big

joke” within the profession, particularly among clerks and women working in the Supreme Court,

according to James.

“People in the Supreme Court kind of know,” she says. “I did my internship through the college

[recruitment process].” After beginning to share her experience with others in college, however,

James found that others had also faced similar problems with the same judge.

James’ reasons for not going public with the name of the judge or not lodging a formal complaint

are complex, both morally and practically. On the one hand, she wrote in the blog post:

“I bore, and still bear, no real ill-will towards the man, and had no desire to put his life’s work and

reputation in question. On the other hand, I felt I had a responsibility to ensure that other young

girls were not put in a similar situation. But I have been unable to find a solution that allows that.

Despite the heated public debates, despite a vast army of feminist vigilantes, despite new

criminal laws and sexual harassment laws, I have not found closure. The lack of such an

alternative led to my facing a crippling sense of intellectual and moral helplessness.”

“I’d worked for him for six months and he treated me really well for six months and has been

really kind to me,” James explains. “It was rather strange to me but I haven’t really forgiven him

for it… [But] I don’t know if I want to let myself – my impression of him as a person – be entirely

dictated by that act… My leeway to him isn’t because he’s had a shining career and all that – part

of it is that – [but] I’m not really sure I want to ruin somebody’s entire life because of that.”

“Once it gets out in the open that he’s harassed other girls,” James says, “people will only look at

him in that light.”

However, James admits that one other strong reason, which was not really touched upon in her

blog post, was concern about whether legal action would even have any effect. James had

managed to reach two of the other young women who were harassed by the same judge but

neither were willing to come forward in public, mostly out of fear. “They don’t really want to

jeopordise their careers,” James relates. “He’s a Supreme Court judge. If it’s going to be his word

against our word, he’s got more credibility, so to speak, of his words.”

And she adds that if she by herself had wanted to take legal action, it would probably not have

been possible. “There were no other witnesses, it was just me. It was a hotel room, [people] saw

me walking in voluntarily, saw me walking out very calmly. I didn’t even walk out [with] fear. At

that moment I felt I needed to walk out very calmly. I never mentioned anything the same day to

anybody.”

Apart from the evidentiary difficulty in proving the crime, the more serious problem for lawyers is

perhaps inherent in the profession itself. James said she had never heard of any official

harassment complaints within the legal profession or against any judges. And while Legally India

understands that sexual harassment complaints are at times made in law firms, most are handled

very delicately and quietly, with the firm encouraging informal resolution.

In courts, it is even worse, speculates James, in that there is usually no one you can realistically

complain to, unlike in a company or college structure where harassed by a boss or lecturer, for

example, and where she would have taken formal action in a similar incident. “Of course you can

file a criminal complaint [against a judge or lawyer] but that’s a whole different level.” And it is

also likely to impact your career.

“I know a friend of mine who was sexually harassed at the Karnataka high court,” says James.

That friend “wasn’t keeping it a secret” and telling lawyer friends about why she left the job with

that senior, and for two months afterwards she wasn’t able to find a job at the same court, being

asked about the incident in interviews after it dripped through the court’s grapevine (she

eventually found a job after deciding to evade the issue at interviews).

The mindset in such cases often is, “she created trouble for him, she’ll create trouble for us”,

speculates James.

She says she was also skeptical about the Supreme Court’s recently started sexual harassment

cell and guidelines improving matters considerably. “It is often one person’s word against another

person’s word, and a lot of people tend not to take the word” of a young lawyer against a senior

advocate who’s made his reputation for 10 to 15 years. “There is a balance of power thing going

on here.”

The only thing that James has been able to do, other than write the blog, is discuss the incident

with members of her alma mater, possibly de-listing the judge from the recruitment process so

that others are not exposed to similar experiences.

While James does feel that colleges have a responsibility to protect their students, she

acknowledges that it could be difficult. The judge in question has been closely associated with

her former college for a while by giving lectures and regularly taking on research assistants, so

whether faculty can take unequivocal action is not certain.

Nevertheless, James says that potentially recruitment committees of colleges could make a

difference. “I think at least – there should be some way, if not publicly then at least privately, kids

who go intern with a judge should know that this has happened before.”

James says that she was able to come forward, albeit without disclosing names, because of her

choice to work with an NGO with a possible view to entering academia at some point in her

career.

“I was a little afraid,” she admits. “The other friends I’ve spoken about, they are in positions where

these judges play an important role [at the Supreme Court or teaching in a college and they] are

afraid of jeopardising their careers. I don’t have such concerns here at Natural Justice – I have a

team that’s incredibly supportive, and three colleagues were first to read the blog post [before

publication].

“For me, the great thing is that I’m in an organisation where I know that if I come out in public

about it, we are 25 people, and I’m pretty sure I’ll have the entire team behind me.”

That lawyers elsewhere are unlikely or unable to protect their own from sexual harassment, is a

problem the profession will have to deal with sooner rather than later.

 

Update 12 November: The Chief Justice of India has decided to institute a three-member

judicial committee to probe the allegation.

 

 

JUDGE SENDING OBSCENE SMS TO WOMEN

 

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of

Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of

Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was

accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic

College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR

lodged by the victim while Gangwar’s name surfaced in the primary investigation.

Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to

send a detailed report into the allegations. Appropriate action would be taken on the basis

of the report.”

District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to

send a report about the matter. The report on the basis of the police inquiry would be sent

to the Allahabad High Court Registrar General.”

“I am not aware about the matter, as the Bareilly police did not intimate me before initiating

the probe against the civil judge. They should have informed me when they had received

any such complaint,” the judge added.

Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the

statement of the victim. “I have collected the call details of the cellphone used for sending

the SMSes, but I have yet to get the address of the person who is subscriber of the SIM

card,” he said.

“The probe is on to verify if the accused in the case were present on the location recorded

in the call details when the SMSes were sent. The details of the findings of the

investigation would be sent to the Budaun district court to seek the direction,” the CO

added.

Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP

(Crime) had initiated probe into the matter, but I am not aware if the investigation had

reached to any conclusion.”

The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging

she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.

The preliminary inquiry into the case by the police yesterday had found that the mobile

phone used in the crime belongs to the civil judge.

 

 

IB confirms Mysore Roost  Resort sex scandal

 

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU

 

 

Lokayukta: DC demanded sex from widow

 

 

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,

the Karnataka Lokayukta on Saturday made a startling revelation that the state government was

shielding a top bureaucrat who had demanded sexual favours from a young widow.

Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for

discharging his duties as public servant, has since been promoted to a senior position.

Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office

Saturday afternoon, said the unnamed widow had dared the deputy commissioner and

approached the Lokayukta’s office with a complaint against the officer.

On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to

the state government the suspension and prosecution of the DC concerned. The

recommendation was subsequently considered by the concerned department head as well as

the chief secretary and both endorsed it.

But, according to Justice Hegde, no action was initiated against the DC as the same official who

had endorsed the recommendation subsequently found no basis for initiating departmental action

against him. Instead, the official cleared the DC’s name for promotion in the super-scale.

Presently, the official holds a senior position in the government.

The widow, in her late 20s, had approached the DC with a representation to sort out some

problems. But she was shocked when the DC demanded sex.

Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name

the district where the official was serving as deputy commissioner. But the incident has

happened sometime in the course of last three years as Justice Hegde took over as the

Lokayukta in mid-2006.

 

3-year jail term for ‘dirty’ judge

 

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in

1997

Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a

bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly

maintenance allowance from her estranged husband, in 1997 — proved costly to him.

Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)

matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,

on Monday.

According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had

filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,

filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera

Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per

month.

Subsequently, in January 1997, Alka filed another application before the same family court (now

presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On

October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to

Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately

after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone

number, asking her to call him when the court hours ended. He told her that he would ask her

husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she

called him up,” the FIR states.

When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay

him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the

following evening.

“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High

Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the

permission designated a court official to bear witness to the events leading to the trap. Alka,

under video camera surveillance of ACB sleuths, along with the court official and other women

witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when

she protested, repeated his demands,” the FIR states.

Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But

before he could do anything else, ACB sleuths swooped in and arrested him.

 

 

Rajasthan judge is indicted for seeking sexual favours

 

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about

on the unprecedented drive he launched to enforce judicial accountability.

After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the

Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending

another inquiry.

On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of

Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex

with him in exchange for a judicial favour.

The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K

Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the

woman concerned, Sunita Malviya.

But Pattanaik has not announced any action against Madan. When contacted by The Indian

Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in

seeking sexual favours in return for judicial ones.

However, Pattanaik said that no action was being taken since the committee had also mentioned

allegations of corruption against Madan. And so he had ordered a further inquiry by the same

committee into the corruption charges.

When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That

is on hold because I could not have taken piecemeal action against him….I am praying to God

that the final report will give some tangible material to take action.’’

Highly placed sources told The Indian Express that when the committee recorded statements last

week in Jodhpur of about 30 persons over four days, it also came to know of several allegations

of corruption against Madan and another judge of the same high court. The committee put these

on record as well.

Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex

scandal issue and instead limited himself to saying that he was ordering a further inquiry into

corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.

The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October

through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help

her, in turn, get out of a criminal case booked against her.

With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The

first committee’s report into the PPSC scam exonerated one judge despite evidence and let two

others off with a mere slap on the wrist. The third committee is now busy probing the involvement

of judges in the Mysore sex scam.

 

 

Ten reasons why criminals in khaki get away

Siddharth Varadarajan

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and

footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must

never forget that he was able to get away with the sexual molestation of a young child and the

illegal harassment of her family for 19 years because he had hundreds of men who supported

him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school

administrators – were willing to bend the system to accommodate a man accused of molesting a

minor speaks volumes for the moral impoverishment of our establishment and country. Decent

societies shun those involved in sexual offences against children. Even criminals jailed for

`ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale.

But in India, men like Rathore have their uses for their masters, so the system circles its wagons

and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the

slapping of abetment to suicide charges, since his young victim killed herself to put an end to the

criminal intimidation her family was being subjected to by Rathore and his men. But the systemic

rot which the case has exposed will not be remedied unless sustained public pressure is put on

Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have

it in their power to push for simple remedies in the way the Indian law enforcement and justice

delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and

security forces personnel when they are accused of committing crimes. The original intent behind

this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of

discharging their duties in good faith. Somewhere along the line, this has come to mean

protecting our custodians of law and order when they murder innocent civilians (eg. the infamous

Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five

villagers in 2000 still cannot take place because the Central government will not grant

permission), or assault or molest women and children. No civilised, democratic society grants

such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how

they had wanted Rathore prosecuted but were prevented from doing so because of pressure.

Such officials should either be made formally to testify in a criminal case against the politicians

who so pressured them or they should themselves be hauled up for perverting the course of

justice.

Second, stop talking about how making the police and army answerable to the law will somehow

demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or

the morale of upright police and army officers, who do not think it is right for their colleagues to be

able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was

protected by four chief ministers of Haryana. He served them and they served him by ensuring

his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating

back to 1861. A number of commissions have made recommendations for reforming the police

over the years; but no government or political party wants to give up its ability to use and misuse

the police for their own benefit

Fourth, ensure that police officers who abuse their authority and engage in mala fide

prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.

Chidambaram should use the considerable resources at his command to find out who were the

policemen involved in filing 11 bogus cases against the teenaged brother of the young girl

Rathore molested. He should then make sure criminal proceedings are initiated against all of

them. The message must go out to every policeman in the country: If you abuse the law at the

behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a

matter of routine so that a powerful defendant is not able to use his position to delay proceedings

the way Rathore did for years on end. The destruction or disappearance of material evidence in

such cases must be treated as a grave offence with strict criminal liability imposed on the

individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments

and state governments cannot brush aside their orders as happened in the Rathore case. This

would also require appointing to the NHRC women and men who have a proven record of

defending human rights in their professional life, something that is done today only in the breach.

The attitude of the Manmohan Singh government to this commission and others like the National

Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies

are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual

crimes, including sexual crimes against children. Between rape, defined as forced penetrative

sex, and the vague, Victorian-era crime of `outraging the modesty of a woman’, the Indian Penal

Code recognises no other form of sexual violence. As a result, all forms of sexual molestation

and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the

judge did not even hand down the maximum sentence, citing concerns for the criminal’s age.

Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to

distinguish between `outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern

world has been pending with the NCW and Law Ministry for years. Perhaps the government may

now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate

that the family of Rathore’s young victim had to endure is testament to the fact that people who

seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used

against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves

whether they were also derelict in their duty. The Rathore case did not attract the kind of constant

media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is

too patchy to inspire confidence. It was, after all, the high court which chose to disregard the

CBI’s request for including abetment to suicide charges.

Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of

Haryana, custodians, sexual violence, NHRC

 

 

Porbandar judge accused of dowry harassment

 

A complaint has been filed against District and Sessions judge of Porbandar for allegedly

harassing his daughter-in-law for dowry, police said here on Sunday.

Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw

and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the

police added.

Darshana married Kinnar two years ago. Her complaint says that she was harassed from the

beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10

lakh as dowry.

She has also alleged that she was thrown out of the house a few months back, and her husband

is now seeking divorce, the police said.

Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against

the judge and others. He said that action will be taken after verifying the complaint.

This is the second complaint related to dowry harassment filed against a judge in the state in the

recent past.

Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her

daughter and the judge’s wife committed suicide.

 

 

Gurgaon judge to also face dowry harassment charge

 

Gurgaon’s Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also

face dowry harassment charge, police here said Monday.

Police have issued notices to the CJM’s father K.K. Garg and mother Rachna Garg, who have

also been named in the dowry harassment case.

The CJM’s father reached here Monday morning from Haryana’s Panchkula town and contacted

police, who wanted to question him.

“We had called CJM’s parents…K.K. Garg was questioned by special investigation team (SIT),”

Gurgaon Police Commissioner Alok Mittal said.

Mittal said on the basis of written complaint filed by the parents of the CJM’s wife Geetanjali,

penal sections of dowry harassment and extra-marital affair were included in the FIR lodged

against the CJM Saturday.

Geetanjali, 24, bore three bullet wounds – on her chin, chest and stomach – but no bullets were

found in her body that was recovered here Thursday. The CJM’s licensed firearm was found near

the body, police said.

Mittal said two bullets were seized from the scene of crime and would be sent for ballistic

examination Monday, a day after ballistic experts examined the crime spot.

“The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government

allotted house here in the Officers Colony,” said Mittal.

“We have asked CJM to produce supporting evidences to prove his statement,” he said.

The CJM allegedly said that his driver and domestic help may throw some light on his wife’s

death.

Judge Garg’s in-laws alleged that two cars were provided to the accused on his and his family’s

demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in

school in May.

Geetanjali’s brother Pradeep Aggarwal Saturday lodged a first information report against Garg

and his parents, accusing them of murder.

“Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but

the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered

two baby girls (now aged around four and a half and three years),” Aggarwal said in his

complaint.

He demanded a probe by the Central Bureau of Investigation (CBI) into his sister’s murder.

 

 

 

 

 

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Judges Sex Crime Cover-ups

Filed under: Uncategorized — Nagaraja M R @ 9:48 am

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

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.7 issue.48… .27/11/2013

 

 

JUDGES , SEX  &  CRIME  COVER-Ups

 

Now days  we are  seeing   frequent  reports   of  Judges  involvement  in  crimes  , sexual assaults  , misuse of office , etc  in the media.  They  are  hushing  up  , covering  up  those  crimes  by misusing  their  power , enormous  clout.  Legal  Immunity  applies  only  to  their  official  actions  but  not  to their  actions  as individuals  , their  criminal  actions.  These  guilty  public  servants  cunningly  intertwine  their  official  &  personal  actions  to  escape  legal  prosecution  , in  this  backdrop   to  bring  out  the  wrong  ,  illegal  work  practices  of  public  servants , judges , police  I  have raised  basic  questions   about  their  work  practices  in  public  interest.  Till date  the  guilty  public  servants  have   not  given  their  full  replies  at  all  ,  as  they  have  much  to  hide  than  to  reveal.

 

Once again   I  am  raising  those  questions  to  Honourable  Chief  Justice  of  India  to  answer  at  the  earliest   in  public  interest :

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

 

CPIO , DG& IGP , BANGALORE     Reference No : 1053/RTI/SP(PRO)/2012/RPAD  dated 13.09.2012 

CPIO , CMO , BANGALORE        Reference No : CM/622/RTI/2012 dated 07.09.2012 

CPIO , RAJBHAWAN , BANGALORE    Reference No : GS 165 RTI 2012 dated 03.09.2012

CPIO , UNION HOME MINISTRY , GOI , NEW DELHI  Reference No : Dy.No.121805/DS/CS/2012-CSR.III  dated 12.09.2012 

 

CPIO , RAJYASABHA , NEW DELHI    Reference  No.RS/2(458)/2012-RTI  dated 17.09.2012 

 

CPIO , LOKSABHA , NEW DELHI  Reference No : 1 (979) / IC/12  dated 24.08.2012  and  No.1 (1030) / IC / 12  dated 03.09.2012 

CPIO , RASHTRAPATHI BHAWAN , NEW DELHI  Reference No: 955/RTI/08/12-13 dated 29.08.2012 

CPIO , SUPREME COURT OF INDIA , NEW DELHI , NO REPLY

 

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.

 

RTI  First Appeal Made to  First Appellate Authorities

 

RTI APPELLATE AUTHORITY , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

 

The concerned  CPIO  has failed to provide information to me , thereby he is shielding the criminals , anti nationals. In turn CPIO himself has committed crimes. It goes to prove the existence of Criminal Nexus between CRIMINALS  –  CORRUPT PUBLIC SERVANTS  –  CORRUPT POLITICIANS.

 

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 

 

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

 

Main  A :

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

 

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

 

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

 

Main  B :

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

 

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

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

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

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

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

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

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

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

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

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

 

Main  C :

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

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

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

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

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

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

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

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

 

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

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

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

HONOR OF INDIAN PALIAMENT FOR SALE

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

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

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

 

 

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

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

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

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

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

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

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

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

 

 Main   D  :


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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2012 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

PUBLIC INFORMATION OFFICERs who failed to provide information and shielding criminals ,  anti nationals :

1. PIO , O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.

2. PIO , O/O  H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.

3. PIO O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.

4. PIO O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.

5. PIO , O/O Union Home Minister ,GOI , New Delhi.

6. PIO , O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.

7. PIO , O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.

8. PIO , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

Fees Paid :

1.                  IPO 08F 429306 for rupees ten only.

2.                  IPO  08F 429307 for rupees ten only.

3.                  IPO 08F 429308 for rupees ten only.

4.                  IPO 08F 429309 for rupees ten only.

5.                  IPO  08F 429310 for rupees ten only.

6.                  IPO 08F 430701   for rupees ten only .

7.                  IPO  08F 430702 for rupees ten only .

8.                  IPO  08F 430703 for rupees ten only. 

 

Enclosed :

1.                  Police Complaint dated 20.08.2012

2.                  Show Cause Notice Dated 20.08.2012

3.                  ABCD Lesson of Democracy.

 

DATE :  02.10.2012 ……………..………………………NAGARAJA.M.R.

 

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

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. However, the corrupt in public service don’t deserve

respect as individuals – as they are parasites in our legal system. Still we respect the

chairs they occupy but not the corrupt individuals.

All the following articles / issues , past cases of sexual assaults on women by judges (hushed up ?) , whole articles published in the weblinks mentioned

below forms part of this appeal. The term “JUDGE” mentioned throught includes all public

servants discharging judicial functions right from taluk magistrates , quasi-judicial

officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

The public servants & the government must be role models in law abiding acts , for others

to emulate & follow. if a student makes a mistake it is excusable & can be corrected by

the teacher. if the teacher himself makes a mistake , all his students will do the same

mistake. if a thief steals , he can be caught , legally punished & reformed . if a police

himself commits crime , many thieves go scot- free under his patronage. even if a police ,

public servant commits a crime , he can be legally prosecuted & justice can be sought by

the aggrieved. just think , if a judge himself that too of apex court of the land itself

commits crime – violations of RTI Act , constitutional rights & human rights of public and

obstructs the public from performing their constitutional fundamental duties , what

happens ? it gives a booster dose to the rich & mighty , those in power , criminals in

public service to committ more crimes. that is exactly what is happenning in india. the

educated public must raise to the occassion & peacefully , democratically must oppose

this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

Law student sexually harassed by ex-Supreme Court judge:  case is not unique, but speaking out is nearly impossible

 

http://www.legallyindia.com/201311114099/Interviews/sexual-harassment-supreme-court-is-common  ,

 

In India , corruption , favouritism is prevalent in all recriutment / selection processes. The selection is made on bribe , caste , religion but definitely NOT on the basis of Merit & Integrity. The selection to the posts of even Supreme court Judges , quasi judicial officers like district magistrates , taluk magistrates , police , etc is  not above board. For example  we have recently seen the  illegalities  in KPSC  interviews selecting  gazetted officers  to government of karnataka service. These tainted , ineligible unfit  waste body candidates who get selected as  judges , police through devious means  sell their judicial orders , executive orders , police orders for a price. The denotfications of government lands , etc  as in the case of Mysore  DC  Vastrad , as in the case of Neglect of Hebbal  Lake &, BEML Quarters Lake Encroachment by DC Manivannan , as in the case of Land irregularities by Bangalore DC Aiyyappa , changing the penal clause  of penal  charges to favour the criminal  as in the case of  union carbide’s warren Anderson from mass murder to  improper management of the facility ,  as in the case of Sanjay dutt  from TADA charges to illegal possession of arms  , etc.  The police for a price fix innocents , file B reports  favouring the criminals to close the case ,  prefer not to file an appeal in the  higher court , etc. As in the case of Bofors , as in the case of past SP  of chamarajanagar Puttaswamy taking bribe from a granite quarry owner  for filing B-report in a case. Disgracefully , recently a judge  tainted in  MYSORE  ROOST  RESORT  SEX  SCANDAL  was  promoted  as  a  supreme court  judge. What Justice common folk can expect from these corrupt bodies ? They turn illegalities into legal issues by their orders. These CORRUPT  Judges , Police , District Magistrates , Taluk Magistrates are doing more damage to India’s  Unity & Integrity  than the  Naxalites & Terrorists. These corrupt public servants must be put behind bars together with terrorists & naxalites. Let the sense prevail & Democracy prosper. The Honest few in Judiciary , Police & Executive must raise upto the occasion to SAVE DEMOCRACY & to  kick out their corrupt colleagues from office.

 

 

Your’s Sincerely ,

Nagaraja.M.R.

 

 

 

Supreme Court zeroes in on ‘harass’ judge; support for disclosure grows CJI lauded for probe order

R. BALAJI

 

New Delhi, Nov. 15: The Supreme Court appears to have identified the former judge who is accused of sexually assaulting at least two law interns while in office, sometime about two years ago.

On the Chief Justice of India’s directions, the court registry has checked the intern-assignment records relating to judges who retired in the past two years, sources told The Telegraph.

They said that while convention demanded that an intern work with a particular judge for only a month, the accused judge seemed to have insisted that the women interns work with him for six months.

According to the sources, the feeling among the higher judiciary is that the judge should be named, if only to end the speculation about the other judges who retired recently. So far, the accused judge has not been named.

Legal experts have complimented the Chief Justice for setting up a three-judge panel to probe the allegations after one intern came out with sexual assault charges on November 6. Since then, a second intern has made similar accusations against the same judge.

Such a panel has no precedent in the Supreme Court’s history, nor has any sitting or former apex court judge ever faced charges of sexual harassment at the workplace before.

Legal experts said the Constitution had no provision for the apex court setting up such a committee but added that the top court could certainly do so under the extraordinary powers granted to it by Article 142.

What the committee will do is question the first intern (she has been requested to appear before it on Monday, November 18) and then confront the accused judge.

If the panel prima facie finds truth in the allegations, it can direct the police to register an FIR. A PTI report said police have initiated a preliminary probe into the case.

If the judge is convicted of assaulting or using criminal force with intent to outrage a woman’s modesty (molesting her), he can be jailed for two years. A rape conviction can put him behind bars for life or at least 10 years.

The Judges Protection Act 1985 grants judges and former judges immunity from prosecution for actions committed in the discharge of their official duties. The immunity does not apply to cases of molestation or rape as such offences cannot conceivably be a fallout of a judge performing his job, legal experts said.

“(Even) if the offence was committed while he was a sitting judge, he is amenable to all the laws of the country that apply to all ordinary citizens,” said Jaspal Singh, a former Punjab and Haryana High Court judge who now practises as a lawyer in the Supreme Court.

“The allegations are very serious; the law will take its own course,” he added.

Asked if the judges’ panel had judicial sanctity, Singh said: “(Such) charges against a judge of the Supreme Court are a very serious matter. They involve the institution and therefore they (the court) want to verify the charges before taking any action.”

Senior counsel Dushyant Dave said the CJI had done “an extremely good thing” by forming the panel to probe a “brother judge”.

“That this is an in-house committee owes not to any legal requirement but more to propriety,” he said.

He added that the police must not act unless and until the panel asked them to register an FIR, for neither has the accused been identified yet, nor has any of the interns lodged a formal complaint.

“If any third party has lodged a complaint without proper material, it makes no sense,” Dave said.

He added: “It’s a very serious charge; the judge concerned has to face the music.”

 

Nothing but the truth
By Indira Jaising


A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a ‘sex scandal’ on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, “Don’t quote me… but…”
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the ‘in-house’ procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a ‘sex scandal’.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done “without fear or favour”? Judges swear on oath of allegiance to “bear true faith” to the Constitution and do justice “without fear or favour”. How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered ‘punishment postings’ where people are sent a la ‘crossing Kala Pani’ of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women’s organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.

 

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

 

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls

alleged that when they went to the magistrate’s chamber to give their statement, he allegedly

made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the

judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

 

 

 

Another law intern alleges sexual harassment by a former SC judge

 

New Delhi: Another law intern has leveled allegations of sexual harassment against a former Supreme Court judge. A Supreme Court committee is already probing allegations made by another student and had asked her to appear before it.

Earlier, a woman lawyer had written a blog in which she charged a former Supreme Court judge of sexually harassing her, while she interned with him in 2012. The woman lawyer who completed her law degree from National University of Jurdicial Sciences, Kolkata wrote is her blog, “In Delhi at that time, interning during the winter vacations of my final year in the University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather.”

She had also claimed that at least three other girls have also faced harassment by the same judge. The girl said that she had refrained from disclosing the details initially due to the high position that the judge held.

The Chief Justice of India said, “As the head of the institution, I am also concerned about the allegations and anxious whether the statement is true or not. The committee will go into the whole affair and find out the facts. We are taking steps and in cases of sexual harassment, we cannot take it lightly.”

 

Another law student who interned with the Supreme Court has accused a now-retired judge of sexually harassing her, barely a week after similar charges were levelled by another intern.

The latest allegations were made on a Facebook post on November 11 and reported by a law website, Legally India, on Thursday.

The same website had given the link to the first intern’s blog, describing her ordeal. The Supreme Court has appointed a three-judge panel to inquiry into her allegations and the victim has been asked to record her statement on November 18.

But unlike the first instance, the website this time has not given the link to the Facebook post or identified the woman. When contacted Kian Ganz, who reported both the incidents, told HT: “I got to know about the second intern’s experience with the judge through the Facebook post. However, I wasn’t able to confirm if she wanted to go public.”

The second victim, too, was an intern with the same judge, the website said. HT, however, could not confirm the claims or the allegations independently. The two women can’t be identified for legal reasons.

The excerpts uploaded on Legally India on Thursday quote the second intern as saying she was “at the receiving end of unsolicited sexual advance more than once”. Both the interns knew each other, the report claimed. 

“…. we kept attributing all the signs of leeriness to our hypersensitivity… We discussed innocuously said off-colour remarks and dismissed their creepiness because we really respected him [the judge], and the possibility seemed at odds with everything we knew about him, his ideas about feminism, patriarchy, social justice…,” the website quoted from the second intern’s post.

The first intern had alleged that the judge had misbehaved with other women interns as well.

The second intern said as much. “In this case, we spoke to other women… and found out that there was a history to such behaviour.”

“We also alerted some female senior faculty to the incident so that they would ensure that no female student was assigned work with him without being told to be on her guard.”

The website further quotes her as saying “he promised, incidentally, that he would never misbehave with another lady. Maybe it’s naiveté to believe him. Maybe it’s just youthful optimism. Being brave is tougher than it appears on the face of it, no?”

The post then goes on say that the judge “lost his RA’s [research assistants] and got a dressing down from a 23-year-old which should have come from his father.

“Why deprive girls from the chance to work with an illustrious mind because the mind is a little sick? A guy who gets the task would get a savvy CV and a better job opp (opportunity). We didn’t want girls to be left at a disadvantage,” the post, as uploaded on Legally India, read.

 

 

 

 

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible

 

A law graduate who recently blogged about how a retired Supreme Court judge sexually

assaulted her while she was his intern, says that the problem is real and not uncommon amongst

the judiciary and senior bar but that she sees few if any ways of tackling it.

Stella James, who graduated from NUJS Kolkata this year and now works at the NGO Natural

Justice, Lawyers for Communities and the Environment, wrote about an alleged incident of

physical, sexual assault by an unnamed, retired Supreme Court judge in late 2012.

In a post that was published on the blog of the NUJS Journal of Indian Law and Society on 6

November, she wrote about trying to come to terms with her experience of 24 December 2012,

Christmas Eve, ironically against the backdrop of the then-ongoing Delhi gang rape protests:

“In Delhi at that time, interning during the winter vacations of my final year in University, I dodged

police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme

Court judge whom I was working under during my penultimate semester. For my supposed

diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless

violating) from a man old enough to be my grandfather. I won’t go into the gory details, but suffice

it to say that long after I’d left the room, the memory remained, in fact, still remains, with me.”

“Frankly I was really shocked,” James tells Legally India in an interview today. “There’s this thing:

a person who is a Supreme Court judge – you don’t expect a Supreme Court judge to harass

somebody.”

However, she says that her experience was neither uncommon, nor merely restricted to the

judiciary: “I’ve heard of three other cases [of sexual harassment] by the same judge and I know of

at least four other girls who’ve faced harassment from other judges – not perhaps as [bad as

mine]: most of them were in the chambers of the judge and other people around, so it never gets

too bad.

“A girl I know faced continuous sexual harassment throughout and sexual advances, and actually

faced troubles through her work because of it.” And she says she’s heard of Supreme Court

senior counsel who have made passes at or have continuously harassed interns for longer

periods.

And though it is barely, if at all, known outside legal circles, it is a bit of an open secret or a “big

joke” within the profession, particularly among clerks and women working in the Supreme Court,

according to James.

“People in the Supreme Court kind of know,” she says. “I did my internship through the college

[recruitment process].” After beginning to share her experience with others in college, however,

James found that others had also faced similar problems with the same judge.

James’ reasons for not going public with the name of the judge or not lodging a formal complaint

are complex, both morally and practically. On the one hand, she wrote in the blog post:

“I bore, and still bear, no real ill-will towards the man, and had no desire to put his life’s work and

reputation in question. On the other hand, I felt I had a responsibility to ensure that other young

girls were not put in a similar situation. But I have been unable to find a solution that allows that.

Despite the heated public debates, despite a vast army of feminist vigilantes, despite new

criminal laws and sexual harassment laws, I have not found closure. The lack of such an

alternative led to my facing a crippling sense of intellectual and moral helplessness.”

“I’d worked for him for six months and he treated me really well for six months and has been

really kind to me,” James explains. “It was rather strange to me but I haven’t really forgiven him

for it… [But] I don’t know if I want to let myself – my impression of him as a person – be entirely

dictated by that act… My leeway to him isn’t because he’s had a shining career and all that – part

of it is that – [but] I’m not really sure I want to ruin somebody’s entire life because of that.”

“Once it gets out in the open that he’s harassed other girls,” James says, “people will only look at

him in that light.”

However, James admits that one other strong reason, which was not really touched upon in her

blog post, was concern about whether legal action would even have any effect. James had

managed to reach two of the other young women who were harassed by the same judge but

neither were willing to come forward in public, mostly out of fear. “They don’t really want to

jeopordise their careers,” James relates. “He’s a Supreme Court judge. If it’s going to be his word

against our word, he’s got more credibility, so to speak, of his words.”

And she adds that if she by herself had wanted to take legal action, it would probably not have

been possible. “There were no other witnesses, it was just me. It was a hotel room, [people] saw

me walking in voluntarily, saw me walking out very calmly. I didn’t even walk out [with] fear. At

that moment I felt I needed to walk out very calmly. I never mentioned anything the same day to

anybody.”

Apart from the evidentiary difficulty in proving the crime, the more serious problem for lawyers is

perhaps inherent in the profession itself. James said she had never heard of any official

harassment complaints within the legal profession or against any judges. And while Legally India

understands that sexual harassment complaints are at times made in law firms, most are handled

very delicately and quietly, with the firm encouraging informal resolution.

In courts, it is even worse, speculates James, in that there is usually no one you can realistically

complain to, unlike in a company or college structure where harassed by a boss or lecturer, for

example, and where she would have taken formal action in a similar incident. “Of course you can

file a criminal complaint [against a judge or lawyer] but that’s a whole different level.” And it is

also likely to impact your career.

“I know a friend of mine who was sexually harassed at the Karnataka high court,” says James.

That friend “wasn’t keeping it a secret” and telling lawyer friends about why she left the job with

that senior, and for two months afterwards she wasn’t able to find a job at the same court, being

asked about the incident in interviews after it dripped through the court’s grapevine (she

eventually found a job after deciding to evade the issue at interviews).

The mindset in such cases often is, “she created trouble for him, she’ll create trouble for us”,

speculates James.

She says she was also skeptical about the Supreme Court’s recently started sexual harassment

cell and guidelines improving matters considerably. “It is often one person’s word against another

person’s word, and a lot of people tend not to take the word” of a young lawyer against a senior

advocate who’s made his reputation for 10 to 15 years. “There is a balance of power thing going

on here.”

The only thing that James has been able to do, other than write the blog, is discuss the incident

with members of her alma mater, possibly de-listing the judge from the recruitment process so

that others are not exposed to similar experiences.

While James does feel that colleges have a responsibility to protect their students, she

acknowledges that it could be difficult. The judge in question has been closely associated with

her former college for a while by giving lectures and regularly taking on research assistants, so

whether faculty can take unequivocal action is not certain.

Nevertheless, James says that potentially recruitment committees of colleges could make a

difference. “I think at least – there should be some way, if not publicly then at least privately, kids

who go intern with a judge should know that this has happened before.”

James says that she was able to come forward, albeit without disclosing names, because of her

choice to work with an NGO with a possible view to entering academia at some point in her

career.

“I was a little afraid,” she admits. “The other friends I’ve spoken about, they are in positions where

these judges play an important role [at the Supreme Court or teaching in a college and they] are

afraid of jeopardising their careers. I don’t have such concerns here at Natural Justice – I have a

team that’s incredibly supportive, and three colleagues were first to read the blog post [before

publication].

“For me, the great thing is that I’m in an organisation where I know that if I come out in public

about it, we are 25 people, and I’m pretty sure I’ll have the entire team behind me.”

That lawyers elsewhere are unlikely or unable to protect their own from sexual harassment, is a

problem the profession will have to deal with sooner rather than later.

 

Update 12 November: The Chief Justice of India has decided to institute a three-member

judicial committee to probe the allegation.

 

 

JUDGE SENDING OBSCENE SMS TO WOMEN

 

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of

Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of

Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was

accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic

College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR

lodged by the victim while Gangwar’s name surfaced in the primary investigation.

Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to

send a detailed report into the allegations. Appropriate action would be taken on the basis

of the report.”

District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to

send a report about the matter. The report on the basis of the police inquiry would be sent

to the Allahabad High Court Registrar General.”

“I am not aware about the matter, as the Bareilly police did not intimate me before initiating

the probe against the civil judge. They should have informed me when they had received

any such complaint,” the judge added.

Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the

statement of the victim. “I have collected the call details of the cellphone used for sending

the SMSes, but I have yet to get the address of the person who is subscriber of the SIM

card,” he said.

“The probe is on to verify if the accused in the case were present on the location recorded

in the call details when the SMSes were sent. The details of the findings of the

investigation would be sent to the Budaun district court to seek the direction,” the CO

added.

Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP

(Crime) had initiated probe into the matter, but I am not aware if the investigation had

reached to any conclusion.”

The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging

she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.

The preliminary inquiry into the case by the police yesterday had found that the mobile

phone used in the crime belongs to the civil judge.

 

 

IB confirms Mysore Roost  Resort sex scandal

 

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU

 

 

Lokayukta: DC demanded sex from widow

 

 

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,

the Karnataka Lokayukta on Saturday made a startling revelation that the state government was

shielding a top bureaucrat who had demanded sexual favours from a young widow.

Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for

discharging his duties as public servant, has since been promoted to a senior position.

Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office

Saturday afternoon, said the unnamed widow had dared the deputy commissioner and

approached the Lokayukta’s office with a complaint against the officer.

On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to

the state government the suspension and prosecution of the DC concerned. The

recommendation was subsequently considered by the concerned department head as well as

the chief secretary and both endorsed it.

But, according to Justice Hegde, no action was initiated against the DC as the same official who

had endorsed the recommendation subsequently found no basis for initiating departmental action

against him. Instead, the official cleared the DC’s name for promotion in the super-scale.

Presently, the official holds a senior position in the government.

The widow, in her late 20s, had approached the DC with a representation to sort out some

problems. But she was shocked when the DC demanded sex.

Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name

the district where the official was serving as deputy commissioner. But the incident has

happened sometime in the course of last three years as Justice Hegde took over as the

Lokayukta in mid-2006.

 

3-year jail term for ‘dirty’ judge

 

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in

1997

Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a

bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly

maintenance allowance from her estranged husband, in 1997 — proved costly to him.

Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)

matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,

on Monday.

According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had

filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,

filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera

Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per

month.

Subsequently, in January 1997, Alka filed another application before the same family court (now

presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On

October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to

Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately

after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone

number, asking her to call him when the court hours ended. He told her that he would ask her

husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she

called him up,” the FIR states.

When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay

him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the

following evening.

“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High

Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the

permission designated a court official to bear witness to the events leading to the trap. Alka,

under video camera surveillance of ACB sleuths, along with the court official and other women

witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when

she protested, repeated his demands,” the FIR states.

Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But

before he could do anything else, ACB sleuths swooped in and arrested him.

 

 

Rajasthan judge is indicted for seeking sexual favours

 

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about

on the unprecedented drive he launched to enforce judicial accountability.

After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the

Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending

another inquiry.

On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of

Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex

with him in exchange for a judicial favour.

The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K

Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the

woman concerned, Sunita Malviya.

But Pattanaik has not announced any action against Madan. When contacted by The Indian

Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in

seeking sexual favours in return for judicial ones.

However, Pattanaik said that no action was being taken since the committee had also mentioned

allegations of corruption against Madan. And so he had ordered a further inquiry by the same

committee into the corruption charges.

When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That

is on hold because I could not have taken piecemeal action against him….I am praying to God

that the final report will give some tangible material to take action.’’

Highly placed sources told The Indian Express that when the committee recorded statements last

week in Jodhpur of about 30 persons over four days, it also came to know of several allegations

of corruption against Madan and another judge of the same high court. The committee put these

on record as well.

Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex

scandal issue and instead limited himself to saying that he was ordering a further inquiry into

corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.

The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October

through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help

her, in turn, get out of a criminal case booked against her.

With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The

first committee’s report into the PPSC scam exonerated one judge despite evidence and let two

others off with a mere slap on the wrist. The third committee is now busy probing the involvement

of judges in the Mysore sex scam.

 

 

Ten reasons why criminals in khaki get away

Siddharth Varadarajan

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and

footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must

never forget that he was able to get away with the sexual molestation of a young child and the

illegal harassment of her family for 19 years because he had hundreds of men who supported

him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school

administrators – were willing to bend the system to accommodate a man accused of molesting a

minor speaks volumes for the moral impoverishment of our establishment and country. Decent

societies shun those involved in sexual offences against children. Even criminals jailed for

`ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale.

But in India, men like Rathore have their uses for their masters, so the system circles its wagons

and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the

slapping of abetment to suicide charges, since his young victim killed herself to put an end to the

criminal intimidation her family was being subjected to by Rathore and his men. But the systemic

rot which the case has exposed will not be remedied unless sustained public pressure is put on

Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have

it in their power to push for simple remedies in the way the Indian law enforcement and justice

delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and

security forces personnel when they are accused of committing crimes. The original intent behind

this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of

discharging their duties in good faith. Somewhere along the line, this has come to mean

protecting our custodians of law and order when they murder innocent civilians (eg. the infamous

Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five

villagers in 2000 still cannot take place because the Central government will not grant

permission), or assault or molest women and children. No civilised, democratic society grants

such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how

they had wanted Rathore prosecuted but were prevented from doing so because of pressure.

Such officials should either be made formally to testify in a criminal case against the politicians

who so pressured them or they should themselves be hauled up for perverting the course of

justice.

Second, stop talking about how making the police and army answerable to the law will somehow

demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or

the morale of upright police and army officers, who do not think it is right for their colleagues to be

able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was

protected by four chief ministers of Haryana. He served them and they served him by ensuring

his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating

back to 1861. A number of commissions have made recommendations for reforming the police

over the years; but no government or political party wants to give up its ability to use and misuse

the police for their own benefit

Fourth, ensure that police officers who abuse their authority and engage in mala fide

prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.

Chidambaram should use the considerable resources at his command to find out who were the

policemen involved in filing 11 bogus cases against the teenaged brother of the young girl

Rathore molested. He should then make sure criminal proceedings are initiated against all of

them. The message must go out to every policeman in the country: If you abuse the law at the

behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a

matter of routine so that a powerful defendant is not able to use his position to delay proceedings

the way Rathore did for years on end. The destruction or disappearance of material evidence in

such cases must be treated as a grave offence with strict criminal liability imposed on the

individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments

and state governments cannot brush aside their orders as happened in the Rathore case. This

would also require appointing to the NHRC women and men who have a proven record of

defending human rights in their professional life, something that is done today only in the breach.

The attitude of the Manmohan Singh government to this commission and others like the National

Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies

are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual

crimes, including sexual crimes against children. Between rape, defined as forced penetrative

sex, and the vague, Victorian-era crime of `outraging the modesty of a woman’, the Indian Penal

Code recognises no other form of sexual violence. As a result, all forms of sexual molestation

and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the

judge did not even hand down the maximum sentence, citing concerns for the criminal’s age.

Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to

distinguish between `outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern

world has been pending with the NCW and Law Ministry for years. Perhaps the government may

now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate

that the family of Rathore’s young victim had to endure is testament to the fact that people who

seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used

against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves

whether they were also derelict in their duty. The Rathore case did not attract the kind of constant

media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is

too patchy to inspire confidence. It was, after all, the high court which chose to disregard the

CBI’s request for including abetment to suicide charges.

Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of

Haryana, custodians, sexual violence, NHRC

 

 

Porbandar judge accused of dowry harassment

 

A complaint has been filed against District and Sessions judge of Porbandar for allegedly

harassing his daughter-in-law for dowry, police said here on Sunday.

Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw

and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the

police added.

Darshana married Kinnar two years ago. Her complaint says that she was harassed from the

beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10

lakh as dowry.

She has also alleged that she was thrown out of the house a few months back, and her husband

is now seeking divorce, the police said.

Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against

the judge and others. He said that action will be taken after verifying the complaint.

This is the second complaint related to dowry harassment filed against a judge in the state in the

recent past.

Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her

daughter and the judge’s wife committed suicide.

 

 

Gurgaon judge to also face dowry harassment charge

 

Gurgaon’s Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also

face dowry harassment charge, police here said Monday.

Police have issued notices to the CJM’s father K.K. Garg and mother Rachna Garg, who have

also been named in the dowry harassment case.

The CJM’s father reached here Monday morning from Haryana’s Panchkula town and contacted

police, who wanted to question him.

“We had called CJM’s parents…K.K. Garg was questioned by special investigation team (SIT),”

Gurgaon Police Commissioner Alok Mittal said.

Mittal said on the basis of written complaint filed by the parents of the CJM’s wife Geetanjali,

penal sections of dowry harassment and extra-marital affair were included in the FIR lodged

against the CJM Saturday.

Geetanjali, 24, bore three bullet wounds – on her chin, chest and stomach – but no bullets were

found in her body that was recovered here Thursday. The CJM’s licensed firearm was found near

the body, police said.

Mittal said two bullets were seized from the scene of crime and would be sent for ballistic

examination Monday, a day after ballistic experts examined the crime spot.

“The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government

allotted house here in the Officers Colony,” said Mittal.

“We have asked CJM to produce supporting evidences to prove his statement,” he said.

The CJM allegedly said that his driver and domestic help may throw some light on his wife’s

death.

Judge Garg’s in-laws alleged that two cars were provided to the accused on his and his family’s

demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in

school in May.

Geetanjali’s brother Pradeep Aggarwal Saturday lodged a first information report against Garg

and his parents, accusing them of murder.

“Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but

the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered

two baby girls (now aged around four and a half and three years),” Aggarwal said in his

complaint.

He demanded a probe by the Central Bureau of Investigation (CBI) into his sister’s murder.

 

 

 

 

 

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RBI Governor + Mafia

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

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Editor: NAGARAJA.M.R… VOL.10 issue.09… .02/03/2016

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Bad debts: Write-offs big fraud, give us defaulter list, orders Supreme Court

The Supreme Court ordered RBI to share information about cases where loans amounting to Rs 500 crore and above have been written off by public sector banks.

 

Taking suo motu cognizance of The Indian Express report that Rs 1.14 lakh crore of bad loans had been written off by state-owned banks between 2013 and 2015, the Supreme Court Tuesday ordered the Reserve Bank of India (RBI) to share with it names of all defaulters who owe over Rs 500 crore and continue to lead “lavish lifestyle”.

 

“People are owing thousands of crore to the public banks… it is a big fraud. Top ten public sector banks have written off Rs 40,000 crore alone in 2015. It is all there in this Indian Express report. Public financial institutions are lending money despite knowing no returns. RBI is supposed to keep a watch on these banks. What are you doing about it?” a bench headed by Chief Justice T S Thakur asked Solicitor General Ranjit Kumar.

 

On February 9, The Indian Express reported that a RTI response from the RBI revealed that while bad loans stood at Rs 15,551 crore for the financial year ending March 2012, they shot up over three times to Rs 52,542 crore by the end of March 2015. The government has been trying to shore up public sector banks through equity capital and other measures even as bad loans written off between 2004 and 2015 amounted to more than Rs 2.11 lakh crore.

 

More than half such loans (Rs 1,14,182 crore) were waived between 2013 and 2015. Responding to the RTI application which had sought details of the biggest defaulters, whether individuals or business entities, whose bad debts to the tune of Rs 100 crore or more had been written off, the RBI said: “The required information is not available with us.” Banks are required to report the bad loans on a consolidated basis, it said.

 

On Tuesday, the Supreme Court bench, also comprising Justices R Banumathi and Uday U Lalit, directed the RBI to submit details of defaulters with debts over Rs 500 crore, rejecting the banking regulator’s argument that it will have to first check the policy on such disclosures. The court was hearing a PIL filed in 2003 by NGO CPIL regarding alleged irregularities in advancing loans by the Housing and Urban Development Corporation Limited (HUDCO) when its counsel Prashant Bhushan handed over The Indian Express report, pointing out that the problem of bad loans has assumed dangerous proportions.

 

After going through the report, the bench questioned the Solicitor General: “This report is based on RTI… it is not based on the reporter’s assumptions. NPA (non-performing assets) declaration is not unknown to any economy but one has to be prudent in advancing loans, and cautious and vigilant in recovering it. Are you happy in keep funding these companies who declare themselves as sick companies and they have lavish lifestyle?” Ranjit Kumar said the government is taking steps under the SARFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act) whereby banks can recover loans in cases where NPAs are backed by securities charged to the bank by way of hypothecation or mortgage or assignment.

 

But the bench said: “Thousands of crore have been written off as bad debts on one day. You must recover that money. From this news report, it looks like a regular phenomenon. Thousands of crores are being written off every year and then you spend more money to recover money. Issue of bad debts is a general issue faced by public sector banks. This is plaguing all financial institutions, especially PSU banks.” It made RBI a party and issued notice, seeking details of defaulters where loans of Rs 500 crore and more have been restructured. When the RBI counsel said it would be difficult to adduce the list, the bench said: “You are supposed to keep a watch on these banks. What are you doing about keeping a watch if you don’t even have this information? You have a list of major defaulters who run empires and yet default. You file an affidavit showing extent of bad debts written off in last five years within six weeks.” It accepted the RBI counsel’s plea to let it submit the details in a sealed cover initially.

 

PIL – Stop Robberies @  RBI  by  bank staff

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 Governor , Reserve Bank of India (RBI)  & 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 RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters without criminal prosecution ?

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

4. Averment:

Covering up Financial Frauds. Please read details at :

 https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

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 , RBI 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.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination 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/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

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

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

 

ICICI Bank:True to its Motto, Khayal Aapka, ICICI Welcomes Tainted Money to Make It Clean

By Cobra Post

 

A countrywide undercover investigation by Cobrapost finds ICICI Bank committing gross violations of the Income Tax Act, FEMA, RBI regulations and the anti-Money Laundering Act. These activities render the vast assets it manages, the deposits it maintains, the profits it makes, and the spectacular growth it has registered, suspect.

It was an innocuous visit by a journalist to the bank. The proposition was not innocuous: A politician wants to invest a huge amount of money to make it “white.” Would ICICI Bank officials help?

A six-month long undercover investigation by Cobrapost, codenamed Operation Red Spider, found almost all officials of ICICI Bank bending over backwards to help sequester black money and make it white. Bankers in scores of ICICI branches, spread across the states of Rajasthan, Haryana, UT Chandigarh, Delhi, Uttar Pradesh, Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra were willing to help the Cobrapost reporter (posing as a relative of a fictitious politician) launder huge sums of ill-gotten money.

Living up to its Khayaal Aapka (We care for you) motto, almost all the officials of ICICI Bank, caught on camera, welcomed Associate Editor Syed Masroor Hasan. They suggested innumerable ways to convert black money into white: invest the black money in insurance, split the money in smaller chunks to avoid attention, open multiple accounts to make multiple invstments in different names, withdraw money after maturity and close the accounts. All this would serve the purpose of making the money legitimate without the Income Tax Department knowing.

The modus operandi the ICICI Bank officials suggested overall can be summarized as follows:

* Open an account to route the cash into the Bank’s menu of insurance products.
* Do it even without the mandatory PAN card.
* Split the money to invest in a diversified portfolio including gold.
* Invest in multiple instruments in the names of different individuals, not necessarily from among the family, to facilitate the investment of black money.
* Use dummy accounts to faceplate the conversion of black money.
* Get demand drafts made for the client either from their own bank or from other banks to facilitate investment without it showing up in the client’s account.
* Allot lockers for the safekeeping of the illegitimate cash.
* Personally come to the residence of the client to take the black money deal forward.
* Make a suitable profile for the client, such as showing him as an agriculturist or engaged in some businesses, so as to make the investment unquestionable.
* Help the client to transfer black money abroad either through NRE (Non-Resident External)/NRO (Non-Resident Ordinary) accounts or through means other than regular banking procedures.

Helping such bankers and insurers are certain loopholes in the system, such as Section 10-10 (D) and the provision of scrutiny of investments up to a period of 7 years, which are being used to clean customers’ money. But the Anti-Money Laundering Act clearly stipulates that any dubious transactions should be reported to the regulatory authorities and their records preserved for a period of 10 years.

Such was their eagerness to help that one ICICI Bank official who fell hook line and sinker for the fictitious story sold to him by the Cobrapost reporter, went about looking for ‘Vandana’, the invented wife of the invented politician and for the ‘Peeli Kothi’ in Noida, their fictitious home. As one official claimed: “Aisa hai Hindustan mein aisa nahin hai ki koi vyavastha na ho (In Hindustan, there is nothing which cannot be arranged).” Said another official: “Nahin toh kuch na kuch jugaad karte hain aapke liye (Otherwise, we will make some jugaad for you).” When asked if he could do it using some dummy accounts, yet another official offered: “Theek hai ghumate hain … ghoomega idhar se hi ghoomega (Alright, I will manipulate. It will be manipulated from here only).”

Since the start of its operations in 1994, ICICI Bank has emerged as the second largest bank in India, after SBI, with 2900 branches, a presence in 19 countries, and interests in life and general insurance, securities, and venture and asset management, among others. According to the information available on its websites, managing assets worth Rs. 4736.47 billion, the bank earned a profit of Rs. 64.65 billion in the fiscal year ending March 2012, a 20.3 per cent jump over the precious fiscal. What ICICI Bank has achieved in 19 years is phenomenal growth.
However, the revelations made by bank officials during Operation Red Spider raise questions about the bank’s methods, the culpability of the top brass in money laundering, and the failure of the regulatory authorities to monitor their activities.

 – See more at: http://cobrapost.com/index.php/news-detail?nid=102&cid=28#sthash.A3aucIV4.dpuf

 

 

HDFC Bank: Bank on Us to Make Black Money White

By  Cobra Post

 

A nationwide, undercover investigation across dozens of branches by Cobrapost reveals HDFC Bank is involved in extensive money laundering. The bank is blatantly violating various sections of the Income Tax Act, FEMA, RBI regulations and the Anti-Money Laundering Act, making the legitimacy of its deposits and its phenomenal profits and growth suspect.

It was a simple visit by a journalist, posing as a frontman of a politician, to the bank. So was its stated purpose: A huge amount of black money of the politician was to be invested with the bank. Would the officials help make it white? The rider: Under no circumstances should the politician be identified.

A six-month long undercover investigation by Cobrapost, codenamed Operation Red Spider, found dozens of officials of HDFC Bank, one of the oldest and most prestigious private banks in India, willing to help convert black money into “white”. Bankers across dozens of branches spread across the states of Rajasthan, Haryana, Delhi, Uttar Pradesh, West Bengal, Tamil Nadu and Karnataka, were willing to help our reporter (posing as a frontman for an imaginary politician) launder huge sums of illegitimate cash.

At almost all branches, the Cobrapost journalist got a red carpet welcome, with officials going out of way to suggest myriad ways of converting the black money into white, with the Income Tax Department never coming to know about it: invest the black money in insurance and gold; split the money in smaller lots to avoid attention; open multiple accounts with the bank and withdraw the money after maturity. Almost all the officials claimed they were old hands in helping customers turn black money into white.

Cumulatively, the modus operandi suggested by HDFC Bank officials to help launder a huge sum of the imaginary politician’s black money (source obviously criminal) was

* accept cash and invest it in the Bank’s menu of insurance products and gold;
* do it even without PAN card;
* keep the identity of the client secret;
* help the client to transfer black money abroad through remittance using “legal” methods;
* transfer the money telegraphically;
* open multiple accounts and close them at will to facilitate the investment of black money and withdrawal;
* get Demand Drafts made for the client from their own bank and other banks;
* allot lockers to the client to ensure the safe keeping for their illegitimate, scam-tainted cash;
personally collect the cash from the politician’s house.

All these acts constitute violations under various sections of the Income Tax Act, FEMA, RBI regulation and the Prevention of Money Laundering Act (PMLA) of 2002 which was promulgated to prevent the flow of money to groups or individuals who are a threat to the Indian state, its economy and social fabric.
Coming in handy for such acts are certain provisions, such as Section 10-10(D), which bankers and insurers use to help their customers to launder money. HDFC officials were so confident that they threw discretion to the winds while talking business with potential customers. As one official claimed: “HDFC baitha hi hua hai black money khane ke liye (HDFC has been set up to eat up all the black money).”
HDFC Bank began operations in 1995. In the 17 years of its existence, the bank has emerged as one the leading financial institutions in the private sector with interests in securities, mutual funds, realty, life insurance and financial services. According to information available on its websites, its deposits totaled Rs. 246,706 crore as of March, 2012. The bank has registered a more than threefold increase in its net profits – from Rs. 1590.12 crore in the fiscal ending March 2008 to Rs. 5164.96 crore in the fiscal ending March 2012. However, the information unearthed by Operation Red Spider throws doubt on the legitimacy of this growth story because it points to an illegitimacy of its deposits and therefore profits. In an ideal world where banks followed regulation and where regulators did their jobs, the story would have been different.

True to its dictum, We Know Your World, nobody knows the world of black money better than HDFC.

Listed below are the encounters Associate Editor Syed Masroor Hasan had in different HDFC branches:

 

 

– See more at: http://cobrapost.com/index.php/news-detail?nid=89&cid=27#sthash.Vq8BfSpR.dpuf

 

 

Top 10 Financial Scams in India

– Siddharth Singh

 

Financial scams have a habit of cropping up with an alarming regularity in the Indian financial system. We have reconciled to financial irregularities to such an extent that we simply do not pay heed to smaller scams that take place around us on a daily basis. I am, or rather was, a part of the financial machinery for a few years, and trust me, even the private sector is not entirely free of the machinations of unscrupulous and enterprising scamsters. The scope of the money involved multiplies manifold in the public sector, with a corresponding drop in accountability.

 

Financial Scamsters Are Rarely Punished

Despite a plethora of scams that surround us on a daily basis, frequently scams of large proportions come to light, and manage to stun even our jaded sensibilities. Then, there is the usual round of allegations, counter-allegations, enquiries and legislation. Some of our most notable regulations and financial institutions are the results of such scams.

I have compiled a list of ten leading financial scams in India, which have affected a large population of investors, and involved huge sums of money. They managed to shake the very foundations of our financial system, and were driven by that most basest of human instincts – GREED. In most cases, it was the greed of just one individual, or a very small group of individuals, who managed to pull of such huge scandals.

Insurance Scam – This scam had originated and prospered in the period immediately following Independence in 1947. At that time, the insurance sector was not nationalized, and a handful of private companies ruled the roost.  These companies were more concerned with providing benefits to selected industrialists, and ignored the interests of the common man. The government responded by nationalizing the insurance sector, and the LIC was founded under an special Act passed by the Parliament. This scam laid the foundation of the nationalization culture in India.

Securities Scam – Harshad Mehta – This is perhaps the most well known of all financial scams – probably because it happened in a highly visible period – economic reforms had just been started in 1991. Harshad Mehta was quick to understand the weaknesses of the banking system, and exploited these weaknesses to the hilt. He managed to procure huge amounts of money using the so called “Ready Forward” deals, and used this money to purchase large amounts of shares at hugely inflated prices. He earned the sobriquet of “Big Bull” due to this penchant. Later, the banks got a clue of his shady deals, and demanded their money back. The house of cards collapsed, and the rest, as they say, is history!

CRB Scam – This scam took place in the years 1992-1996, the period immediately following the Harshad Mehta fallout. This makes the scam even all the more daring and surprising. CR Bhansali, the perpetrator of this scam, floated more than 100 companies, such as CRB Mutual Funds and CRB Capital Markets. The primary purpose of these companies was to attract huge funds from the public by promising high rates of interest. This interest was later paid form further borrowings, and so on.  In 1995, the stock market collapsed, and this proved to be the undoing of CR Bhansali. He was investigated, and later arrested. After a brief 3-month stint in jail, he has disappeared without a trace, and nobody is asking!

UTI Scam – The UTI scam involved the flagship US-64 scheme of UTI, which was meant to channel the funds of small investors into instruments bearing high returns. Gradually, US-64 developed a investor base of around 2 crore investors. The economic liberalization in India, coupled with the absolute opacity in the operations of UTI, led to a situation wherein the Government was forced to announce a huge bailout of about Rs 3,500-4,000 crores in an order to prevent default in payments to the investors. The consequences of such a situation are unimaginable. But the story does not end here. Later, it turned out that the UTI Chairman appointed at this time, Mr P S Subramanyam, along with a couple of executive directors, acted wrongly to selectively benefit a powerful coterie of brokers and industrialists, while at the same time, jeopardizing the interest of lakhs of small investors.

Home Trade – Around the year 2000, a finance portal emerged on the financial landscape, and gained quick recognition on the back of endorsements by personalities like Hrithik Roshan, Sachin Tendulkar and Shahrukh Khan. The portal, owned by Sanjay Agarwal, claimed to deal in gilts. Soon, RBI got suspicious of activities of some cooperative banks in the gilt market, and a scam was uncovered. The same old saga – brokers and bankers combining to rob people of their hard earnings – was repeated. Funds from Seaman’s Provident Fund and PPF were affected. The total scam size was reported to be around Rs 300 crores, and more than Rs 200 crores were spent on publicity costs alone.

 

Ketan Parekh

Securities Scam – Ketan Parekh – That our system never learns its lessons was proved by this scam. Ketan Parkekh, a qualified CA, and a stock broker, identified a number of stocks (popularly called the K-10), and took up huge positions in these. For this purpose, he used a large number of Benami accounts and smaller stock exchanges, such as the Kolkata and Ahmedabad stock exchanges. He also borrowed heavily from banks such as Global Trust Bank and Madhavpura Mercantile Cooperative Bank. Unfortunately, he was stuck in a bear cartel, and was soon pounded to pulp on the stock exchange. The extent of the scam was estimated to be around Rs 1,500 crores.

 

Abdul Karim Telgi

Fake Stamp Papers – This scam promised to be the mother of all scams in India, with the initial reports quoting a figure of Rs 30,000 crores as the scam size. Later, RBI clarified that this figure was “rather exaggerated”, and the “correct” figure was around Rs 200 crores. Again, this scam exposes how the India system works – Mr Abdul Karim Telgi, the scam kingpin, paid bribes to get access to the security press in Nasik, where stamp papers and currency notes are printed. He later used this knowledge to print fake stamp papers. At the height of the scam, Telgi’s network spanned 14 states, 125 banks and more than 1,000 employees.

DSQ Software – Though this scam was modest in terms of money involved (only Rs 600 crores!), and did not affect the general public to a great extent, yet it is notable for how it came into being. The main player in the scam was Mr Dinesh Dalmia, who was the MD of DSQ Software Ltd. This company issued around 1.3 million shares in 2001, and these shares were allotted to four companies on a preferential basis. NSDL, a stock depository, dematerialized and helped in delivering the shares. Nothing wrong in that, except that the shares were not even listed on any stock exchange! Oops!

IPO Scam – A number of key operators, including corporate stock brokers such as Karvy and Indiabulls, were involved in the IPO scam that spanned the years 2004 – 2005. The modus operandi was simple – the operators would open thousands of fake accounts to purchase shares in IPOs, in the hope of selling later at huge profits. A spate of IPOs issued during this period were heavily oversubscribed due to this scam, sometimes by as much as 40 times!

Satyam – On a cold January morning in 2009, Ramalinga Raju, chairman of Satyam Computer Services, admitted to falsification in the company accounts and various other irregularities, and sent a chill down the collective spine of the Indian financial system. Coming on the back of the global recession, this incident promised to bust the Indian outsourcing industry and the stock market, but for some deft bailout work by the government. The matter is still under investigation and litigation, and the true extent of the scam will be known in the future, perhaps. Mr Raju himself had admitted to irregularities worth around Rs 12,000 crores.

An analysis of the scams reveals a common script  – greed, corruption, unscrupulous brokers, colluding bankers, irresponsible authorities and hapless investors, who refuse to learn their lessons. But then, these are the essential ingredients of a worthy financial scam!

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A brief about Top 10 Investment Scams in India

 

  1. The Securities Scam
    The capital market witnessed its foremost investment scandal in the form of securities scandal in the year 1992. It revealed the utter anarchy and lack of administration in the prevailing fiscal market. The money market at that time permitted funds to be relocated with impunity from financial institution and corporates into equity and consequently witnessed crores of bank’s capital to transfer into brokers’ account. This illegal market practice was later asserted as “legal and acknowledged”.

    In an attempt to punish the tricksters, a special court was initiated and scrutinized around 70 cases registered by CBI. Surprisingly, not even a single trickster was found guilty by the dreadfully sluggish judicial system. As a matter of fact, the scamsters made frequent attempts to re-enter the market with same set of traps and resulted in losses to investors.

  2. The IPO scam Soon after the entry of international organizational investors, the Control over Capital Issues was banned as the market saw heavy bull trend resulting in the revitalization of the secondary market from the previous scandals. The ban of Control over Capital Issues unlocked the prospects of massive scandal in Initial Public Offerings (IPO). The scam was executed in two parts; the first part was carried out by the firms that increased their market costs to incur profits in order to sponsor lucrative projects. The second part saw the unison of small time merchants, CAs, investment bankers and traders to hoist new firms and heave public capitals.

    The IPO scam prevailed for three long years from 1993-1996 and finally saw its downfall when the costs of the registered firm started deteriorating.

  3. Favored share scam
    The scandal was an outcome of the extensive cost fixing on the derivative market. Besides increasing fresh capital, advocates of Indian firms promptly coordinated general body authorizations to transfer shares to themselves on a privileged basis and at a considerable reduction to the market, thinking that the share prices would never see the ground. Conglomerates started this trend and accrued profits of nearly 55o crores until Securities and Exchange Board of India (SEBI) formulated strict guidelines to abandon the market practice.
  4. CRB’s cardboard scam
    The Rs 1000 crore finacial multinational named as Chain Roop Bhansali (CRB) was the only biggest firm and most impudent of all to benefit and disappear in the loosened market ambiance of mid-1990s. The services offered by his firm entailed FC collection, mutual fund, banking, etc. The clearances obtained by the firm for the trading of these services required sufficient inspection by SEBI and the RBI and the fact that they managed to qualify shows the supervisory weariness of the regulators. Facilitated by the clearances and profitable credit ranking, CRB accrued greater profits based on high value financing. The CRB collapse not only affected the investors but also the other finance firms.
  5. Plantation firms’ scam
    Since few firms in mid-90s were subject to no guidelines, the plantation companies during that time also got away with profit protrusions. The plantation firms projected themselves as a part of IPO and assured massive returns. The investors were lured and the companies accrued profits from fake campaigns of around Rs 8000 crores plus.
  6. Mutual Funds scam
    After several mutual fund scams, the UTI bailout reflected the lack of proper guidelines in the Indian capital market. Since UTI was initiated under its own regulations, it was the tax payers who suffered the loss of Rs 4800 crore in the process. After three years, the company was back purchasing Ketan Parekh’s controlled scrips and incurring massive losses in the process. The evidence of the private mutual funds performance has also been inconsistent after hitting the downfall in 1999 and 2000. It took a considerable amount of time for capital market to win back the trust of mutual fund investors.
  7. The 1998 scam
    The scamster of 1992 scam, Harshad Mehta came back with a bag of tricks again in 1998. This time he lured investors through a website by trading stock tips. His unremitting manipulation of several shares resulted in the much expected collapse of Bombay Stock Exchange.
  8. Home Trade scam
    Initiated in 2000, Home trade invested rs 24 crore in promotional campaigns to attract investors. The scam affected 8 co-operative banks that lost Rs.82 Crore in EPF scheme. The Chief Executive of Hometrade, Mr. Sanjay Aggarwal was convicted by Nagpur Police later.
  9. DSQ Software Scam
    In the year 2000 and 2001, the Managing Director of DSQ Software, Mr. Dinesh Dalmia, was held responsible for ambiguous mergers and prejudiced allocation of the amount of upto Rs.595 Crores. He was later convicted in the year 2006.
  10. Satyam Scam
    After manipulating the firm’s documents for several financial years, the former Chairman and Chief Executive of Satyam Computers, Mr.Ramalinga Raju, was arrested for committing scam, following unethical practice and forgery. He showed greater profits and committed fraud of Rs 700 crores.

 

The rupee-rouble scam–Part-I

UPA has much to explain
By Namit Verma

The whole story rests on the dual pricing of the rouble in India, even though this practice was given up elsewhere in the world after the collapse of the Soviet Union and Russia?s assimilation in the comity of free world economies.

Recent disclosures have, for the first time, brought out the full extent of the rupee-rouble scam which dominated the economic regime shift during the early nineties, at the start of the liberalisation process presided over by the then Finance Minister Manmohan Singh. Preparing to breakaway from the P.V. Narasimha Rao-led Congress government, Shri Arjun Singh had alleged in his historic Bhopal rally that the Narasimha Rao government was embroiled in scams and misappropriation to the tune of Rs. 80,000 crore. While this was reported in the media, it was not taken seriously, because the Indian masses did not believe that a fraud of such enormous magnitude was possible. In retrospect, it appears that the charges levelled by Shri Arjun Singh were wholly correct.

Understanding the new methodology of scams, which began during Dr Manmohan Singh?s first political tenure as Finance Minister of India, has become important because of the increasing regularity with which this method is being applied. The method involves effecting a regime change in the economic sphere. At the time of regime changes, there is greater tolerance for procedural irregularities in the name of incompatibility between succeeding regimes. This tolerance is used to systematically indulge in irregularities which are purported to be insignificant, but instead drain the national treasury of tens of thousands of crores of rupees. The secrecy surrounding these irregularities only makes the decision-makers? intent even more suspect.

The demise of the Union of Soviet Socialist Republics on 8 December 1991 led to upheavals across the world. The Soviet Union and its successors paid the price of the regime change. The economic cost of this regime change was borne almost entirely by constituents of that once great country. Not ally or protectorate was asked to share the burden of the collapse, not Cuba, not Poland, not Czechoslovakia, nor Yugoslavia. Only India volunteered to share the burden.

Strangely, the burden of the Soviet collapse, as shared by India, did not end up in Moscow; most of it ended up in numbered accounts in Switzerland. So did we share the burden of the Soviet collapse with that once friendly nation: obviously not. But we did share substantial proceeds out of the Indian GDP and government revenue in this guise. The question is, whom did we share this booty of tens of thousands of crores with? Were these merely book operations? In straight words, how many of these operations were phony operations? Worse, how many times were these real and phony operations inflated at the time of settling the bills? How was this scam rationalised inside government decision-making circles? And finally, who was the mastermind behind this loot of the Indian exchequer?

The whole story rests on the dual pricing of the rouble in India, even though this practice was given up elsewhere in the world after the collapse of the Soviet Union and Russia?s assimilation in the comity of free world economies.

When the Soviet polity collapsed, its economy and financial system also crashed. Not only were the Russians forced to correct the international value of their currency, they also had to contend with galloping inflation the like of which the world had never seen before, not even in the famed economic history book renderings of German inflation during and between the World Wars.

Soviet Union had been a major international player who had extended debts to various East Bloc and other friendly countries, including Cuba, Poland, India, et al. As their currency?s exchange rate collapsed to 1/5000th its value and even further to 1/15000th of its pre-December 1991 value, its international loan portfolio was accordingly revalued. Rather than collect a pittance compared to the original debt value, the successor state of the Soviet Union, viz the Commonwealth of Independent States, decided to write off the entire rouble debt. Thus the debt to Poland, Cuba and a host of other countries was written off.

At that point of time, India had the option of settling the entire Russian debt for a then current exchange rate determined total value of around 23 crore rupees. We did not do so. Even as great economist Dr Manmohan Singh presided over the Finance Ministry, we voluntarily offered to revalue the rouble debt. Instead of then current value of 23 crore we agreed to pay back the revalued debt in installments over several years in staggered installments. We ended up paying tens of thousands of crores out of the notional Vostro escrow accounts in the Reserve Bank of India.

Understanding this phenomenon is key to understanding how a significant part of the Indian GDP is creamed off by the top by corrupt Indian politicians, bureaucrats, businessmen and their foreign accomplices. 

 

** The Rupee-Rouble Scam – II

Manmohan knew it all along
The rupee-rouble scam–Part-II
By Namit Verma

Despite opposition from the other ministries concerned, Commerce, Defence and External Affairs; the Indian Finance Ministry under Dr Manmohan Singh and with the redoubtable team of flamboyant officers like Montek Singh Ahluwalia, N.K. Singh, N.P. Singh and A.K. Singh allowed Boris Yeltsin to unilaterally abrogate the 1978 protocol without any legal and/or compensatory financial recourse.

Ever heard of SISTEMA, or of NORILSK? They will outbid all competition to buy your stock, your company and your mineral reserves. Whether it be coveted telecom licenses or scarce mineral resources, nobody can withstand their purchasing power. But then, they have an advantage, they buy the rupee at a discount. Technically, at a 90 to 95 per cent discount; reportedly, after paying off their political, bureaucratic and central banking friends, at a 40 to 45 per cent discount. 

These companies are the progeny of Dr Manmohan Singh’s long career in the world of Indian finance. Few entrepreneurs could have sired such brilliant corporate children whose growth rate defied gravity. Fewer still could have nurtured such dreams in the tenuous world of governance and politics in a democracy. Yet, the vision and genius of Dr Manmohan Singh made these profit centre marvels possible, as he nurtured them in many capacities. 

As Secretary, Ministry of Finance, Department of Economic Affairs, Government of India, he masterminded the Intergovernmental Protocol of 25 November 1978 with the Union of Soviet Socialist Republics. Through the 1978 protocol, he arranged for the administered fixed parity of the rupee and the rouble to be replaced by a floating parity linked to western currencies. This led to the withdrawal of the Soviet Bloc’s back-channel access to western economic systems through the shock absorber Indian economy. 

Removal of the Indian buffer made the USSR vulnerable to the contradictions between its domestic and international trading sectors; thereby facilitating the West getting it’s foot in the door and bankrupting the Soviet treasury. Of course, the Soviet state with its enormous asset base couldn’t be bankrupted; yet, following this liquidity/monetary crisis, America friendly faces started emerging in key positions in the Union of Soviet Socialist Republics, setting up the dominoes for Mikhail Gorbachev to unleash, and Boris Yeltsin to collect upon. As Co-Chairman of the Indo-Soviet Joint Planning Group Meeting (1980-82), he authorised the Deferred Payments Protocol of 30 April 1981. 

This smokescreen has proved to be more an instrument of administered value inflation/revision of an ostensibly floating rouble, than a deferred payment agreement: contradictions abound. As leader of the Indian delegation to the Indo-Soviet Monitoring Group Meeting (1982), like an adept rural moneylender, he ensured self-inflating clauses in the revised protocol to ensure that the loan repayment would remain incomplete despite being paid back several times. 

As Minister of Finance, he authorised the Letters of Exchange dated 29 January 1993, to open unhindered access to India’s national treasury for Russian companies. By now, the political wheel had turned upside down in the erstwhile Soviet Union, and the US friendly Boris Yeltsin had taken over. 

Despite opposition from the other ministries concerned, Commerce, Defence and External Affairs; the Indian Finance Ministry under Dr Manmohan Singh and with the redoubtable team of flamboyant officers like Montek Singh Ahluwalia, N.K. Singh, N.P. Singh and A.K. Singh allowed Boris Yeltsin to unilaterally abrogate the 1978 protocol without any legal and/or compensatory financial recourse. We shall discuss these actions of the Government of India in greater detail in forthcoming paragraphs. 

As Prime Minister, Dr Singh is running his final lap in India, he is in a rush to sanction full liquidity and valuation rights accorded to these special rupees, despite the fact that while signing the 1993 protocol, Yeltsin had specifically promised that this would not be allowed. Yet, every agreement has been set aside and this has been effected. 

Thus a company like Sistema is bidding for majority control of Shyam Telelink which in turn was allotted a Universal Telecommunication License for the whole country earlier this year. Now Sistema bought Shyam Telelink shares at Rs 55 each, or around 1.1 Soviet Rouble (Sixth Rouble: 1961-1997) under the 1993 protocol read with Public Notice No 12 (RE 2007)/2004-2009 of 27 June 2007, whereby the RBI fixed the Indian Rupee value of the Special Currency Basket linked to the Rouble at 56.8292 effective from 19 April 2007. 

Again, conversion rate from Sixth Soviet Rouble to the Seventh Russian Rouble was fixed at 1000 Sixth Rouble to 1 Seventh Rouble at the time of new issue on 1 January 1998. Thus, the price of 1.1 Sixth Rouble per Shyam Telelink share = 0.0011 Seventh Rouble per Shyam Telelink share = 0.0011 x 0.044012 dollars per Shyam Telelink share = 0.0000484132 dollars per Shyam Telelink share = 0.0000484132 x 42.735 rupees = 0.002068938102 Rupees or 2.068938102 paisa per Shyam Telelink share! Calculating further, that Sistema bought these Rupee credits at a 90 per cent discount, or at 10 per cent of face value, the effective cost per Shyam Telelink share for Sistema works out at 0.0207 paise! Given that the effective discount was only 50 per cent, assuming 20 per cent kickback each to the Indian and Russian establishments, even so, the price per Shyam Telelink share to Sistema works out at 1.034469 paise or Re 0.01. 

So, by channeling their money through the arbitrage funnel of the Indo-Russian Intergovernmental Agreement of 1993, the foreign company is grabbing shares for effectively 1 paisa each. All this, while indigenous bidders would have to pay 55 honest rupees for the same shares at the same time, i.e. five thousand five hundred times the price paid by the Russian company! 

Such is the magnanimity of Dr Manmohan Singh in handing over Indian assets to foreign entities. In the wake of these facts, can there be any doubt about the love, adulation, prestige and loyalty he commands in the international arena.http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=248&page=4

The rupee-rouble scam–Part-I @
http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=247&page=3

Posted by GlobalCitizen at 11:19 AM 

 

 

The outsider in the system

 

What stands out in Javid Chowdhury’s autobiographical account of his life as a civil servant is his angst and mild bitterness about governance in general and, more particularly, the manner in which economic liberalisation took place after the 1990-91 crisis. Clearly, Mr Chowdhury’s mindset is different from that of those who ran economic policy while he was in the finance ministry — heading a directorate responsible for the enforcement of foreign exchange laws and, later, as revenue secretary.

He makes no bones about his dislike of the “tsars of economy policy” in government. He does not name them specifically, but you can easily guess who these people may be from the many incidents he recounts. Montek Singh Ahluwalia will easily top that list. Vijay L Kelkar and N K Singh also figure in that list of the tsars with whom Chowdhury could not see eye-to-eye on economic policies. Chowdhury is no fence-sitter. You may not always agree with his assessment of Messrs Ahluwalia, Kelkar or Singh, but his frank views on people and policies display a quality that is increasingly becoming rare among civil servants.

Mr Chowdhury reserves his most critical comments for Mr Ahluwalia. Recounting the finance ministry’s comments on the securities scam in the early 1990s before the Joint Parliamentary Committee (JPC) probing charges of financial irregularities, Mr Chowdhury says the performance of Mr Ahluwalia, then the economic affairs secretary, was “that of an excellent advocate with a very weak brief”. It was clear that Mr Ahluwalia’s explanation that the securities scam was an outcome of a systemic failure did not impress Mr Chowdhury, then in the enforcement directorate. Worse, the JPC proceedings, according to him, showed how the government “brazenly” defended “illegalities in the universe of securities and banks”.

It is here that Mr Chowdhury gives you a clue as to why he may have disliked the tsars of economic policy. This is how he sums up Mr Ahluwalia’s long lecture before the JPC: “There was not the slightest tinge of introspection or remorse — there was only an absolute confidence of talking one’s way out of the crisis. The attitude was that if laws had been violated, the laws were wrong — because they understood economics, and therefore what they say should be the law.” And systemic failure became a “ready alibi for any otherwise indefensible action in the decades that followed”.

Mr Ahluwalia figures again when the author writes about the irregularities over foreign exchange transactions relating to Indo-Russian rouble-rupee trade. As enforcement director, Mr Chowdhury’s team had investigated the misuse of the vostro accounts maintained by some banks, including a few branches of well-known foreign banks. However, just before officials of these banks could be charge-sheeted, the matter was taken up by the finance minister (who else but Dr Manmohan Singh!), who quickly convened a meeting. Significantly, Mr Chowdhury writes, the revenue secretary at that time, M R Sivaraman, did not attend that meeting citing some other important engagement, and Mr Ahluwalia questioned the advisability of proceeding with the charge-sheets since they would be bad for investment and shake up the corporate world. Mr Chowdhury fought a gallant battle and emerged victorious in the end, getting even a rare comment from Dr Singh that suggested that he was not happy with the way the finance secretary had dealt with the matter.

Mr Chowdhury also makes it clear that he was extremely uncomfortable with the reforms process, although he does not single out anything substantive or specific as problematic. He saw “an uncritical liberalizer” in Vijay Kelkar, with whom he worked as additional secretary in the petroleum ministry. “Privatization fever” was raging in the government in 1995-96 and was getting a fillip under Mr Kelkar.

N K Singh, another tsar of economic policy, surfaces in these memoirs in a rather strange episode — as secretary in the Prime Minister’s Office when Atal Bihari Vajpayee was PM. Mr Vajpayee had decided to remove the ban on production of non-iodised salt on the basis of a petition made by some Gandhians. However, as Mr Chowdhury learnt as the health secretary, Mr Singh had not conveyed that decision to the health ministry since he knew the decision would have wide-ranging public health implications. Mr Chowdhury’s explanation of why Mr Singh took no action is significant: “While NK could gift away Rashtrapati Bhawan if he was in the mood, he would be canny enough to know the public cost of that generosity…Public loss with no corresponding private gain was a proposition NK could not rationalize”. Later, the PM realised what must have happened and called Mr Chowdhury personally and directed him to remove the ban!

A recurring theme is a sense of hurt and disappointment that Mr Chowdhury fails to conceal in recounting how the reform process dismantled the earlier policy regime. He presents himself as a bewildered bureaucrat who was “always told we were reforming, but no one had a clue about the macro-plan or the reason.” As someone who headed the enforcement directorate, his main grievance was that the “tsars of the economy” wanted the foreign exchange regulations to be made toothless. He resents the campaign that the foreign exchange regulation act had to be repealed and replaced with the foreign exchange management act, as the earlier law was only an instrument for harassment. “However, the impression given, that high-profile corporates were routinely and falsely targeted, is sheer fiction,” Mr Chowdhury declares. This lacks conviction as elsewhere in the memoirs, he narrates how the directorate was prone to misuse by politicians and ministers to meet political objectives.

Mr Chowdhury describes his memoirs as an insider’s view. But his disappointment with the way the Foreign Exchange Regulation Act was diluted and how double-tax avoidance agreements became the conduit for tax evasion shows that he largely remained an outsider in the system — at a time when much of India’s economic policies were changed. The Insider’s View is testimony to that disconnect.

 

UPA Oil for food scam

 

The scam took place in 2005 and K.Natwar Singh was dismissed from the duty after finding the oil scam with Iraq for food. He allegedly favoured some people to take part in the oil for food program of the Iraq government. Kickbacks were allegedly paid.

Scam

The UN-appointed Volcker Committee, which probed irregularities in Iraq’s oil-for-food programme during the regime of Saddam Hussein, isuued its report in October last year.

In his report, Paul Volcker, former chairman of the US Federal Reserve who headed the committee, named Natwar Singh and the Congress party as ‘non-contractual beneficiaries’ of the programme, triggering the political controversy that forced him to resign as external affairs minister on November 8, 2005.

He, however, continued as minister without portfolio till he finally quit the government almost a month later. The government also appointed former diplomat Virender Dayal as a special envoy to liase with the UN to collect documents related to the oil-for-food scam.

About 135 Indian entities figured in the 630-page Volcker Committee report, and the Income Tax department carried out enquiries into transactions of some of the Indian individuals and firms listed in the document.

The Volcker Committee, which extensively examined the oil-for-food programme that was meant to enable Iraq to use oil revenues to provide humanitarian supplies to its people, found irregularities in both Iraqi earnings from oil exports and the use of these revenues for purchasing relief materials.

Between December 1996 and March 2003, Iraq sold oil worth $64.23 billion to 248 companies under the programme. During this period, it purchased $34.5 billion of humanitarian supplies from 3,614 companies from across the world.

The Volcker Report alleged Saddam Hussein’s regime levied an ‘illicit’ surcharge on oil contracts between September 2000 and September 2002. It estimated the regime mobilised $228.8 million from such surcharges paid by 139 companies.

The panel also alleged that 2,253 companies that sold humanitarian supplies paid ‘kickbacks’ worth $1.55 billion to the regime. The Volcker panel estimated the total ‘illicit’ income accruing to the Iraqi regime at $1.779 billion.

Natwar Singh and the Congress were named in the Volcker Committee’s report in a section that provided details of oil allocations made by the then Iraqi government to various entities and individuals. All these entities, classified ‘non-contractual beneficiaries,’ were recipients of oil allocations, according to the report.The reports said ‘Iraq dispensed oil allocations to and on behalf of a wide array of individuals and groups whom it considered influential in their respective countries and who espoused pro-Iraq views or organised anti-sanctions activities.’

Andaleeb Sehgal, a friend of Jagat Singh, and Aditya Khanna, a relative of Natwar Singh, are understood to have received financial payoffs in the deal by getting oil coupons based on the letters of recommendation given by Natwar Singh.

The authority has found that Natwar and his son had misused their position in helping Sehgal and Khanna bag three oil contracts from the UN sanctioned Saddam regime.

Sehgal and Khanna, in turn, passed the contracts on to Swiss oil company Masefield AG which drew the oil and paid them a commission, the report says, adding that on a cut of five cents a barrel, Sehgal and Khanna received a total commission of $1,46,000, which they divided between themselves in a ratio of 4:1.

Former Indian Ambassador to Croatia and Congress leader Aniel Matherani, who was part of a four-member delegation led by Natwar to Baghdad in January, 2001, was also exonerated of any wrong doing.

When the oil-for-food scam came to light in November last year, Natwar Singh, had to first quit as external affairs minister and then from the Union Cabinet within a month on December 6.

In between after a political uproar the government appointed the Inquiry Authority headed by Justice R S Pathak, former Chief Justice of India, to probe the whole affair and at the same time it asked the Enforcement Directorate to investigate the financial dealings of the Indian entities. Virender Dayal collected documents from the UN, Iraq and Jordan, running into more than 1,100 pages and a CD containing material of 82,000 pages. Among these were documents from Iraq’s State Oil Marketing company and banks in Jordan.

The Indian entities allegedly routed kickbacks through Jordanian banks. The papers obtained from Iraq related to oil contracts issued during the Saddam Hussein regime. The firm Masefield, named in the Volcker report for having lifted oil earmarked for Indian entities, was linked to Hamadaan Exports of Andaleeb Sehgal, who was accused of passing on kickbacks to Natwar Singh and the Congress.

Both had denied these charges and the Pathak panel too said financial transactions had not been traced to them.

Investigation

The Justice Pathak Committee on 3 August 2006, indicted former external affairs minister K Natwar Singh and his legislator son Jagat Singh for procurement of contracts in the United Nations oil-for-food programme in Iraq during Saddam Hussain’s regime. However, no money has been traced to them.

The copy of the 110-page report, including 22 pages of annexures, was handed over to Prime Minister Manmohan Singh by Justice R S Pathak, who headed the one-man inquiry authority. The authority is believed to have exonerated the Congress of all charges of being a non-contractual beneficiary in the scam in 2001.

Natwar Singh, who was summoned by the Authority, as were Sehgal and others, had always maintained that he had not done anything wrong in the whole affair and the inquiry would prove his innocence. He had also accused the Enforcement Directorate of indulging in a witch-hunt and harassing his son and others. He had hinted at some higher-ups in the Congress party of going after him and had complained to the prime minister.

  

 

 

Image result for corporate criminal 

 

Image result for corporate thief

PIL  –  Corporate Crimes  &  Corporate  Thugs 

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

Cabinet Secretary ,Ministry of Corporate Affairs  , Government 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:
a. “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.

b. There are many  companies in india ,  promoters of which are indulging in illegal practices  in their  greed to make money. They are swindling lending banks &  share holders by  posting  wrong picture about their project worth , product costing, etc. They siphon off money too to their sister companies by insider trading , by buying  machineries  & material at  higher than market price from sister companies ,  by selling products to their sister companies at lower value , by lending loans , guarantees to their sister companies , etc.  some of our greedy auditors & company secretaries are teaching  these  criminal industrialists how to tweak laws , how to escape through legal loop holes unscathed. These  type of Industrialists  are nothing but Rogues , Third class people with third class culture but in First class  attire.

c.  Add to this  corporate corruption , the high ranking executives  indulge in corrupt practices during purchase , sales functions draining the company resources.

d. The managers of lending banks , executives of SEBI ,  officers of MCA  have a say in the  running of the culprit   companies. But they keep mum , for a price ?

e. Most  part of that swindled money , black money is destabilizing our economy , causing inflation ,  funding  underworld & Terrorist outfits.

 

2. Question(s) of Law:
What is the guarantee for public money invested or lent  to such fraudulent companies ? How to recover  the public money ?


3. Grounds:
Requests for equitable justice , Accountability for public money worth crores of rupees.


4. Averment:

Private companies in their greed for money  are violating norms  in league with public officials. They  have caused loss to the public exchequer and to the public. 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 in the case of Reliance , RPG , Nestle and others.

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


(i) 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.


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

(iii) To bring  all private companies  who have  either borrowed loans from public , bank , FIs , government  or collected share capital from  public , FIs , government  or received subsidy ,  seed  capital from public , public institution  under purview of RTI Act of Government of India.

(iv) To  annually make public ,  combined  list  of all  Non  Performing Assets  of   banks , FIs , NBFCs , Government  with names of defaulting promoters.

(v) To annually  make public wealth details of Bank Managers , FI managers.

(vi) To  make it mandatory  for  each company , to  take approval of share holders , banks before making  any donations either to political parties , religious bodies , etc.

(vii)  When a company goes bust due to siphoning off money by  promoters , in such cases  the sister companies  or companies in criminal nexus who have benefitted from the swindled money must also be seized , personal properties of promoters of the culprit company / sister companies  and  the properties in the names of their family members  must also be seized , auctioned  off to recover public money.

(viii) The financial transaction or material transaction like purchase / sale of material between an Indian company and a company abroad  , must be endorsed by share holders , lending banks.

(ix) To annually  make public wealth details of  all  state government & central government  Tax officials , who are aiding  the  Criminal Industrialists in their crimes.

(x) We at  SOS e Voice for Justice &  SOS e Clarion of Dalit  offer our conditional services to the SCI , to apprehend criminals , guilty industrialists. Are you ready to  utilize it ?

(xi) Whistle blowers who alert about corporate crimes must be protected & rewarded.

(xii) The channeling of money  from these corporate to  Underworld & Terrorist outfits must be stopped.

(xiii) All  NGOs , Political Parties , Religious Bodies must annually make public  the  details of donations received from public & corporates.

(xiv) To make Corporate Social Responsibility mandatory for all corporate making profit .

(xv) To  annually make public CSR details  of Corporates  and punish those showing inflated figures.

(xvi) As  a final step  banning all corporates  from making donations to NGOs , Political Parties , Religious bodies and  make it mandatory for them to invest in CSR initiatives.

(xvii) In cases of corporate crimes ,   liability  should cover  promoters , directors , decision making executives of the company individually. 


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

Kindly read full details at following web page :

Fraud  in Banking Sector

http://www.bis.org/review/r130730a.pdf  ,

http://media1.intoday.in/businesstoday/images/fraud-survey-ErnstYoung.pdf

 

PIL- Reliance Scams

https://sites.google.com/site/sosevoiceforjustice/pil—reliance-scams 

 

PIL – Killer  Colas , Noodles , Medicines

https://sites.google.com/site/sosevoiceforjustice/pil—killer-noodles-colas-medicines 

 

RBI – Robber’s   Bureau of  India

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india  

 

DOW – Pay up

https://sites.google.com/site/sosevoiceforjustice/dow—pay-up 

 

Corporate Terrorists of India

https://sites.google.com/site/sosevoiceforjustice/corporate-terrorists-of-india-1

 

Vostro  Account  Scam

https://sites.google.com/site/eclarionofdalit/vostro-account-scam-crimes-of-r 

 

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,

 

Dated : 16th  January  2015……………………………………….. FILED BY: NAGARAJA.M.R.

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

 

Editorial : CORPORATE CRIMINALS /  CORPORATE TERRORISTS /  TAX THIEVES  RESPONSIBLE FOR ALL ILLS IN INDIA

In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created
is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

 

However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together  , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable  evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

 

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer.

 Jai Hind. Vande Mataram.

 

Your’s sincerely,

Nagaraja.M.R.

 

PIL – Legal Prosecution of  Government officials , Public Servants  involved in Reliance  Scams

 

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  Cabinet  Secretary ,  PMO , Government 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:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

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

B . Loot of natural resources , telecom  spectrum  &  public property  in  India  and  illegal aid  to  those criminals by government officials.

2. Question(s) of Law:

Are  government  officials ,  telecom , petroleum , finance department officials  , police & revenue officials who aided  loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty  government  officials  and public servants .

4. Averment:

Give what action has been taken by government of india  or state governments  or other statutory bodies  against reliance industries  for it’s irregularities in telecom , oil sector , etc.

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:

(i) 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.

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.


(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

(v) 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.

Date :  28th November  2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India…………………………………………..Petitioner in person

 

PIL – Legal Prosecution of officials involved in Bellary Mining Scam

 

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:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

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

B . Loot of natural resources in Karnataka state  and  illegal aid  to  those criminals by government officials. Read  Karnataka Lokayukta Mining scam report .

2. Question(s) of Law:

Are  forest officials , police & revenue officials who aided  bellary mining loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty police , revenue , forest officials.

4. Averment:

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY  GOVERNMENT OFFICIALS  MENTIONED  IN THE KARNATAKA LOKAYUKTA REPORT  submitted by Justice Santosh Hegde &  Shri.U.V.Singh ABOUT BELLARY MINING SCAM. IF NOT WHY ?  REASONS THEROF.

How many guilty government officials mentioned in the above report  got promotions , continuing in service making it easy for them to tamper evidences ?

What action against  public servants , officials who are hushing up the case & protecting the guilty ?

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:

(i) 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.

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.


(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

(v) 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.

Date :  04th November  2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India……………………………………Petitioner in person

 

PIL  –  Bhopal Gas Leak 

 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 Seceretary , Government of Madhya Pradesh  & Others

….Respondents

PETITION UNDER ARTICLE  21  , ARTICLE 14 – 16  ,  ARTICLE 21 , seeking Justice , compensation and for issuance of WRIT 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:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

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

B . As per the preamble of the  constitution of  India all the people , all Indian  citizens  are  equal in every respect , equally  entitled to justice , equally responsible to uphold constitution .  Only People , Citizens of India are supreme  No Judges  , No Ministers , etc are supreme. Judges , ministers , president  etc are  all  public servants constitutionally mandated to SERVE  the public , NOT  to master over them. Even after 69 years of independence  these judges , ministers have not come out of colonial hangover instead become worse treating  general public   as their servants.

C . Union carbide plant ( UCIL )  was unsafe and indulged in unsafe work practices , maintenance was inadequate.

D . Even a local journalist  through  a news publication  publicly brought to notice of authorities concerned perils of Bhopal gas plant , years  before the Bhopal gas leak , industrial accident occurred . He forewarned.

E .  Inspite of forewarning Madhya Pradesh Industries , Factories Inspectorate departments failed to take adequate steps , allowed the  UCIL plant to run  uninterrupted.

F . Inspite of forwarning Madhya Pradesh state pollution control  board failed to take adequate steps , allowed the   UCIL plant to run  uninterrupted.

G . Madhya Pradesh  state government  side by side with UCIL management is equally  responsible  for  the Bhopal gas leak case. It failed to do it’s statutory duties and to prevent disaster in time.

H . Even after the  disaster took place , Madhya Pradesh state government  and  Government of India  instead of  legally  prosecuting   Mr.Warren Anderson  ( Head of UCIL) who was in custody  , illegally , brazenly  helped him to  run away from law.

I . Even after the  disaster took place , Madhya Pradesh state government  failed to legally arrest and prosecute  union carbide top executives.

J . Union Carbide  USA head quarters  wanted lucrative Indian market , cheap Indian resources , cheap Indian labor , lax Indian laws  but  didn’t have the decency to respect Indian laws.

K . Government of India , Government of Madhya Pradesh failed  to seek extradition of Mr. Warren Anderson and other  top Union Carbide executives from USA. They failed to  get  right  cost & compensation from US Corporate  giant & US government.

L . The government of USA and  Supreme Court of USA is practicing double standards , just see the example of BP oil spillage in USA territory by a UK based  corporate giant. The government of USA  & Supreme Court of USA extracted huge cost & compensation from UK based British Petroleum  , for  American citizens  suffering due to the  oil  spillage. The arrogant Government of USA & Supreme Court of USA  shamelessly  perceives   lives  of Americans  precious  and others as cheap.  Our  spineless Indian government  , supreme court of india bows , kow tows before them.

M . The government of India & Government of Madhya Pradesh  who are themselves culprits alongwith UCIL  to cover up  their own crimes , to favor  US multinational  enacted a new law   curtailing the legal rights of  Bhopal gas victims , Indian citizens.

N . Shamelessly Supreme Court of  India , went a step further Then Chief Justice of India Justice Ahmadi & his bench colleagues  diluted the penal charges of prosecution.

O . Till date  neither  Union Carbide nor  DOW  who took over the management of Union Carbide has  paid  right cost & compensation  nor they have cared  about the clean up of Bhopal gas disaster site till date even after decades.

P . When Government of USA & Supreme Court of USA does not respect Indian Laws ,  Indian citizens  why should American Citizens , American Corporations , American Interests in Indian territory  should be  protected ?

2. Question(s) of Law:

Are Multi national Corporations & it’s top executives above law ? Is the acts of  our ministers , judges in aiding a criminal , fugitive  to run away from law  just , legal ?

3. Grounds:

Requests for equitable justice ,  legal  prosecution of guilty under  ARTICLE  21  , ARTICLE 14 – 16  ,  ARTICLE 21 , seeking Justice , compensation and for issuance of WRIT of  MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

4. Averment:

Give what action  has been taken against culprits involved in Bhopal gas leak case  till date.


PRAYER:

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

(i) 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.

(ii) Hereby , I do request  the honourable supreme court of india to  legally prosecute  Madhya Pradesh state government  industry department , factories safety & Inspectorate department  and MP Pollution Control Board officials  for criminal negligence of duties.

(iii) Hereby , I do request  the honourable supreme court of india to  legally  prosecute the MP state government & Indian government ministers and officials  who helped fugitive Mr. Warren Anderson to  run away from Indian law.

(iv)   Hereby , I do request  the honourable supreme court of india to  legally  prosecute the MP state government & Indian government ministers and officials  who failed to seek extradition of Mr. Anderson and other UC top executives from USA.

(v) )   Hereby , I do request  the honourable supreme court of india to  legally  prosecute the MP state government & Indian government ministers and officials  who failed to extract  appropriate compensation , costs from Union Carbide  or  from DOW or from counter guarantor Government of USA   till date.

(vi)  Hereby , I do request  the honourable supreme court of india to    declare void , annul the Bhopal Gas Victims  Act  and related  enactments , government  orders  passed by  both Government of India  and Government of Madhya Pradesh which  curtails the constitutional rights of Bhopal gas  leak victims.

(vii)  Hereby , I do request  the honourable supreme court of india to  legally prosecute  former chief justice of india Mr. Ahmadi & his bench colleagues  who diluted the prosecution charges  against union carbide and it’s top executives.

(viii)  Hereby , I do request  the honourable supreme court of india to  order DOW Chemicals to pay  the  appropriate cost & compensation towards Bhopal gas leak disaster.

(ix)  Hereby , I do request  the honourable supreme court of india to  order  Government of USA , Supreme Court of USA to respect  Indian Law  if they  want  reciprocal respect.  To order  government of USA & Supreme Court of USA to extradite  former top executives of Union Carbide to India ,  to ensure  appropriate payment  of cost , compensation in the said case as  government of USA  happens to be a  counter  guarantor.

(x)  To declare  President of USA & Chief Justice of USA as criminals  for their double standards ,  for aiding  perpetrators of man slaughter  at   Bhopal .

(xI) To order for  CBI investigation into assets of  Mr.Ahmadi , ministers  , government officials  who helped  union carbide & it’s executives.

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

Date :  07th November 2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India…………………………………………..Petitioner in person

 

PIL  –  RPG  Telecables Scam

 

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

Cabinet Secretary ( Telecommunications)  Government of  India & Others


….Respondents

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


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

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

2. Eventhough , certain PIJF companies were previously found to be involved in illegal practices , CPIO of  DOT / BSNL is hiding information . Thereby , he is trying to shield criminals.

3. By this action CPIO of  DOT / BSNL  is  aiding criminals.

 

2. Question(s) of Law:
DOT / BSNL  has paid crores of  rupees to PIJF  Telecable manufacturers  towards  purchase of cables. The  money is from public exchequer , people’s money . That public money is swindled by  cable manufacturers with tacit support of DOT / BSNL officials. Why no prosecution of DOT / BSNL officials & cable manufacturers ? are they above law ?


3. Grounds:
Requests for equitable justice , Accountability for public money worth crores of rupees.


4. Averment:

Private companies in their greed for money  are violating norms  in league with public officials. They  have caused loss to the public exchequer.


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 of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.  That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) 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.
(ii) 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 :

 CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/   ,

http://crimesatrpg.wordpress.com/   ,

http://groups.yahoo.com/group/naghrw/message/218 ,

https://sites.google.com/site/sosevoiceforjustice/pil—telecable-scam

 

Dated : 13th   June 2015……………………………………….. FILED BY: NAGARAJA.M.R.

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

 

PIL  –  Killer  Noodles  , Medicines of India

 


IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF


NAGARAJA . M.R

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

Versus

Chief Secretary Government of Karnataka  &  Principal Secretaries , Food & Health , Government  of India
….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  certain food products are banned & certain medicines are banned in developed nations , still they are permitted to be manufactured & sold in india.

3. Eventhough certain  food products & medicines are  manufactured within stipulated limits of ingredients  in  developed nations , the multinational companies cross those limits in india.

 

2. Question(s) of Law:
Are the lives of millions of Indians cheaper , dispensable ?  Are the lives of Indians cheaper than the lives of white skinned people in developed nations.


3. Grounds:
Requests for equitable justice , protection of indian’s lives & prosecution  of guilty public servants who permitted  manufacturers / sellers of killer noodles , killer colas & killer medicines.


4. Averment:
Multinational companies , private companies in their greed for money  are violating norms by established international bodies and making money by slowly killing people , by their  fake food products & fake medicines. Our own corrupt central government & state government public servants are  giving licenses , clearances to those companies  to carry on their illegal businesses. Who will bear the cost of loss of lives , damages to health of gullible public , hapless Indians ?


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 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:
(i) 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.
(ii) 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/eclarionofdalit/pil—threat-to-judge  ,

https://sites.google.com/site/sosevoiceforjustice/pil—killer-noodles-colas-medicines  ,

Dated : 11th  June 2015…………………………. FILED BY: NAGARAJA.M.R.

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

 

  

Will somebody please impeach Manipur Chief Justice LK Mohapatra for corruption?

The nexus - The dirty dealings of Chief Justice of Manipur HC

 

7 April 2015, India: OK, here’s a question: Can you and I make a profit of about Rs 90 lakh by selling a plot of government land before it is transferred to us? Can we sell it to a known crook and swindler at the height of his career? Answer: If we are common people, then no. But if we are high court judges, then yes, we can not only do it, but we can also be elevated to the position of a Chief Justice! Come, let us learn from Justice Laxmi Kanta Mohapatra, Chief Justice Of Manipur, how it is done.

Like all our High Court and Supreme Court judges, Justice Laxmi Kanta Mohapatra (http://hcmimphal.nic.in/judges.html) is immune to the laws of the land. When he was a High Court judge in Odisha, Mr. Mohapatra accepted a bribe of about Rs 90 lakh through a shady land deal with a chit-fund fraudster named Pradeep Sethy (http://tinyurl.com/pradeep-sethy), whose Artha Tatwa Chit Fund scam in Odisha was estimated by Supreme Court to be Rs 4,600 crore – roughly twice the size of the infamous Saradha scam in West Bengal. (Others put it at Rs 20,000 crore.) In this unusual sale of land, the Cuttack Development Authority actively cooperated with Justice Mohapatra. In connection with this same land transaction, Advocate General Ashok Mohanty was arrested last year (http://tinyurl.com/AG-ashok-Mohanty), but Laxmi Kanta Mohapatra — then the Acting Chief Justice of Manipur High Court — went on to be elevated to Chief Justice on 10th July 2014, well after the scandal became well-known in the public domain and the media! Isey kehte hain Independence Of Judiciary!

One however wonders about the dynamics of how this particular elevation happened. Did somebody bribe the members of the Supreme Court collegium on behalf of the hon’ble Mr Mohapatra? Or did one of the collegium judges highly recommend Mr Mohapatra as, relatively speaking, the cleanest judge available for the position of CJ of Manipur? Did this brother judge convincingly argue that a little bit of shady dealings, stamp duty evasion and money-laundering should be considered acceptable among the brotherhood of judges? Or was it the collegium’s considered decision that, since Justice Mohapatra was only exploiting well-known legal loopholes in Odisha’s Stamp Act and other laws, it was legally acceptable?

(For the record, the government of Odisha was in the habit of making such discretionary land allocations to high court judges and others. This facility was widely known and exploited for years by VVIPs. (Read http://tinyurl.com/Odisha-land-allotments. After this scandal, in December 2014, the government seems to have decided to mend its ways (http://tinyurl.com/Odisha-cancels-allotments). RTI Activist Jayanta Kumar Das, in his Letter Petition (http://tinyurl.com/Jayanta-Das-Letter2CJI) to Chief Justice of India on 18th March 2015, presented a blow-by-blow account of Justice Laxmi Kanta Mohapatra’s wrongdoings, with supporting evidence, and is awaiting some action. Tall hopes? Maybe. Wait and watch.

HIGHLIGHTS:

  1. On 11.10.2006, in his capacity of a judge of Odisha High Court, Laxmikanta Mohapatra applied for a government plot in Markata Nagar to Cuttack Development Authority (CDA). Within seven months, CDA allotted a 4000 square foot plot in Sector-11 in Bidanasi project area, Cuttack) and instructed him to pay Rs 9.8 lakhs. Having an ancestral property in Cuttack district (Stoney Road, Post- Candinichowk, P.S- Lal Bag, Dist – Cuttack), Mr Mohapatra was actually not eligible to get a government plot from CDA. So, his letter was evasively worded, stating that neither he nor his family owned land at Markata Nagar. After taking possession in July 2007, lthough the allotted plot was not yet transferred in his name, Laxmikanta Mohapatra proceeded to build a double storied building on the allotted plot. Read documents: http://tinyurl.com/Judge-gets-land
  2. within four years of the allotment of government land to him, Justice Laxmikanta Mohapatra transferred the possession of this plot for a consideration of Rs one crore. The land was “sold” by means of a simple affidavit on ten-rupees stamp paper to Pradeep Kumar Sethy, the chit-fund baron. The mode of payment was not mentioned (Cheque? Cash? Any other means? Who knows?) The affidavit said, “I have taken over the possession of the plot on 23.7.2007 and lease deed has not been executed in my fabour (sic!) till date. The plot is double storied building is existing on the plot”. As Justice Laxmi Kanta Mohapatra was not the owner of this plot, he had no right to execute and register a sale deed or to transfers this plot in favour of any party. Indeed, no law in India or in Odisha empowers anybody to transfer or sell a property to any party by means of a mere affidavit… but that is precisely what this learned judge did! Read http://tinyurl.com/Sethy-buys-from-Judge

By means of this unlawful transaction, Justice Laxmikanta Mohapatra enabled chit fund operator Pradeep Kumar Sethy to do him an undue favour of about Rs 90 lakh. Simultaneously, the honourable judge broke the law to avoid paying at least Rs 5 lakhs stamp duty and registration. And last but not least, this person who is now Chief Justice of Manipur committed offences of money-laundering by accepting and creating black money from the chit fund operator – possibly in order to provide him some undue favours.

Cuttack Development Authority aided and abetted this unlawful transaction. It transferred this plot in the name of Sri Pradeep Kumar Sethy vide its Letter No.8098/CDA/Dated 23.4.2011 based on Justice Laxmikanta Mohapatra’s affidavit and a request letter written by Pradeep Sethy.

  1. Meanwhile, lakhs of people in Odisha started raising their voice against Artha Tatwa Chit Fund Company, its Chief Managing Director Pradeep Sethy and other directors for the nonpayment of their matured fixed deposits in different branch offices of the company. Anticipating his arrest, Pradeep Sethy approached the Advocate General of Orissa High Court Sri Ashok Mohanty for an undue favour, and a deal was struck.

Barely one and a half years after the land was transferred in his name, Pradeep Sethy made another affidavit dated 03.10.2012 transferring the land plot for a consideration of Rs 1,00,01,000/- (Rupees One Crore and One Thousand) only. Again, the mode of payment was not mentioned (Cheque? Cash?). This affidavit suggests, as CBI mentions in its chargesheet, that Advocate General Ashok entered into this transaction as a consideration for giving undue favours in Orissa high Court. Read http://tinyurl.com/Sethy-sells-to-AG

  1. A case was registered against Pradeep Sethyand his staff by Balasore Town Police for cheating innocent investors (Balasore Town P.S. Case No. 352 of 2012 dated 06.10.2012, U/S 420/506/34 I.P.C etc). Pradeep Sethy applied for anticipatory bail before Odisha High Court, on 09.10.2012 (Annexure- 21). Thanks to Advocate General Ashok Mohanty, this anticipatory bail was allowed. Pradeep Sethy and all his associates were released on anticipatory bail without production of the case diary on 18.10.2012.
  2. Soon afterwards, Cuttack Development Authority took steps to ensure that the bribe paid to Ashok Mohanty reached him, i.e. the transfer of the land to Ashok Mohanty, who was possibly anxious that the land plot may be seized by the authorities, along with other assets belonging to Sethy. So, by a form-letter dated 8th February 2013, it summoned Sethy to appear in person on the same day between 2 and 4 pm with necessary documents for signature verification and verification of his identity. It is not know by what mode this letter was delivered, and so one may presume that an urgent hand-delivery was made, possibly by the Advocate General himself! Read http://tinyurl.com/CDA-writes-to-Sethy
  3. In its preliminary charge sheet in the Artha Tatwa Chit Fund Scam Case, CBI states that the consideration of Rs one crore to Justice Laxmi Kanta Mohapatra came out of misappropriated funds from the Artha Tatwa company accounts. It says, “As per records, accused P.K. Sethy had purchased said building from Justice L.K. Mohapatra for consideration of Rs. 1,00,00,000/- during April, 2011 out of the money flown from the accounts of AT Group and later, transferred the said plot to Asok Mohanty.” You may read the relevant paragraphs of the CBI chargesheet here: http://tinyurl.com/CBI-chargesheet-Artha-Tatwa
  4. The CBI chargesheet says: “Investigation disclosed that accused Asok Mohanty was the Advocate General of Odisha during the period from June, 2009 to September, 2014. He had purchased a building located at plot No. 11-3B/1332, Category-B, measuring 4000 sqft in sector -11, Bidanashi, Cuttack from the accused Pradeep Kumar Sethy. As per records, accused P.K. Sethy had purchased said building from Justice L.K. Mohapatra for consideration of Rs. 1,00,00,000/- during April, 2011 out of the money flown from the accounts of AT Group and later, transferred the said plot to Asok Mohanty. Though the sale transaction was shown to be of Rs 1,01,00,000/- but in fact an amount of Rs. 70,00,000/- only has been paid by accused Asok Mohanty to accused P.K. Sethy. During the course of investigation two money receipts were seized from the official premises of accused Asok Mohanty indicating the payment of Rs. 1,01,00,000/- towards consideration. The said money receipts bear forged signatures of accused Pradeep Kumar Sethy. During the relevant period of time i.e. during October, 2012, when the above transaction took place, agitations were going on in Odisha against the accused Pradeep Kumar Sethy and against AT Group by the depositors which is evident by registration of the 1st FIR against the AT Group on 06.10.2013 following which the accused P.K.Sethy had moved an anticipatory bail petitions before the Hon’ble high Court on 09.10.2012 and during the relevant time the present accused AG entered into a criminal conspiracy with the said Pradeep Kumar Sethy and in furtherance thereof extended his hospitality towards the accused P.K.Sethy as a result of which the anticipatory bail was granted to the accused P.K.Sethy on 18.09.2012. During the course of investigation, two separate agreements for sale of the said plots were recovered/seized from the possession of accused Asok Mohanty. In the said two agreements, the consideration agreed upon was Rs One Crore and One Lakh which is contrary to the consideration mentioned in the affidavit dt. 03.10.2012 submitted to the Cuttack Development Authority for transfer of ownership of the said property. It may be mentioned here that in the said affidavit dt. 03.10.2012, the consideration amount is mentioned as Rs. One Crore and One Thousand. Thus, it is clear that the accused Asok Mohanty misappropriated the remaining amount of Rs. 31 lakhs that he was supposed to pay to the accused Pradeep Kumar Sethy.”
  5. Significantly, CBI was able to investigate the role of Advocate General Asok Mohanty… but do they have the authority or the mandate to investigate the role played by Justice LK Mohapatra? No. And therefore, one is left wondering whether Justice Mohapatra’s role was as innocuous as the CBI chargesheet makes it out to be!

Final outcome:

  • Lakhs of citizens of Odisha – swindled. Money not yet recovered
  • Chit fund swindler Pradeep Sethy – arrested & chargesheeted by CBI.
  • Advocate General Asok Mohanty – ditto… and he lost his job.
  • Odisha High Court Judge Laxmi Kanta Mohapatra – got to keep Rs 90 lakhs that came from the savings of chit fund investors… and he was elevated to the position of Chief Justice of Manipur after the scandal.

Will somebody please rap the Supreme Court collegium on the knuckles for this decision, and impeach this honourable Chief Justice of Manipur? If this is not done, one worries that before his scheduled retirement on 10th June 2016 upon attaining the age of 62, the SC collegium (or Judicial Appointments Commission) may elevate him to the exalted status of a Supreme Court Judge, or even, who knows?Chief Justice of India? You can never tell.

Justice by the backdoor

http://www.vijayvaani.com/ArticleDisplay.aspx?aid=1570 

Former CJI Y K Sabharwal – Conflict of interest

https://en.wikipedia.org/wiki/Yogesh_Kumar_Sabharwal  

Allegations of Real Estate Operations by his sons[edit]

During the 2006 Delhi sealing drive, the Supreme Court under Sabharwal demonstrated extraordinary zeal in demolishing a slarge number of commercial properties which were illegally running in residential areas. There were very extensive protests every day, and considerable political pressure, due to which demolitions would often be hindered. The court monitored events and regularly reprimanded the Municipal Corporation of Delhi for its tardy progress. As a consequence of the extensive bulldozing of buildings, legal commercial properties, as in the new shopping malls, rose dramatically in price.[4] Particularly, luxury store owners and other upscale businesses were very keen to get into the limited mall floor space.

In May 2007, five months after Sabharwal retired from the bench, the afternoon newspaper Mid-Day brought out a series of articles that presented documents showing that YK Sabharwal’s sons, Chetan and Nitin Sabharwal, owned at least four small ventures, most of them oriented towards garment exports, but one in the construction arena. During Sabharwal’s tenure as Chief justice, two of these firms suddenly attracted the interest of the very largest players in the shopping mall industry.

The first firm, Pawan Impex, Pvt Ltd, was registered for some time at Justice Sabharwal’s official bungalow in the heart of Delhi, and later at his private house. Having the firm registered at his government-furnished house may have been illegal.[5] In a newspaper editorial on Sept 2, 2007, Justice Sabharwal has said that he asked his sons to shift the registered address as soon as he found out about it,[6] but in an interview recorded by Mid-Day in April 2007, after the shift, he claims complete ignorance about the matter.[5]

More damaging is the fact that Pawan Impex, which had remained with a capitalization of 0.1 million Rs. since its founding in 2002, suddenly attracted the interest of Kabul and Anjali Chawla, owners of the large and rapidly growing real estate firm Business Park Town Planners (BPTP)[7] which had promoted large malls like Park Centra (Gurgaon), Next Door (Faridabad), and the Parklands Shop-In Park (North Delhi). In June 2006, at the peak of the Supreme Court interest in the 2006 Delhi sealing drive, the Chawla’s invested in Park Impex, raising the Share Capital 300 fold to Rs. 30 million, with equal shares between the original promoters and the Chawlas.[8][9] Two months later, in August, the company obtained a loan of Rs. 280 million by a bank which happens to be a tenant of a BPTP property. These allegations appear to be well documented in a set of papers released by the Campaign for Judicial Accountability[10] and were not addressed in Justice Sabharwal’s public response,[6] though he did mention that his sons were creating an IT Mall. After the partnership with BPTP in June 2007 Pawan Impex purchased 4 acres (16,000 m2) of land in NOIDA on which this IT Mall is being constructed; Mid-Day reports it to be a Rs. 560 million project with 300,000 sq ft (28,000 m2). saleable floor area.[11]

A second firm, Harpawan Constructors, equally unknown, had also been promoted by the brothers. In October 2005, the promoters of Filatex India, a polyester yarn firm with a turnover of Rs. 3 billion in FY 2007, Purshottam and Madhu Sudan Bhageria, also the owners of real estate firm Fargo Estates, invested in Harpawan. Subsequently, the Bhagerias announced plans for developing the Square One, a mall devoted to luxury brands in Delhi. Justice Sabharwal has said that Purshottam Bhageria was his son’s childhood friend, and that Harparwan Construction, despite its name, has not made any real estate or other investments.[6]

The business of Chetan and Nitin expanded dramatically after 2005. Besides setting up several garment manufacturing factories, they have embarked on a massive real estate programme in NOIDA.

Possibly the largest project for Pawan Impex is the Rs. 560 million IT Mall being constructed in Noida. In the application to construct this mall, they had given the turnover and business of their company as “Nil”. Their application for constructing this mall was approved rather mysteriously, given that in the application they had declared their company to be “Nil turnover” and “Nil business”.[5] An earlier applicant, Softedge Solutions, had been rejected on the ground that they could not satisfactorily answer questions about their previous experience in IT and their technical tie up. But Pawan Impex represented by Chetan Sabharwal with Nil business, no previous track record in IT and no technical tie up, managed to obtain permission.[5]

Conflict of Interest charges[edit]

Whatever the facts of the case, it is widely felt that Justice Sabharwal’s being active in such decisions when his sons were even partly involved in the Delhi real estate business lacked propriety, and that he should have recused himself from these cases. To the contrary, the Outlook (magazine) printed a report claiming that he had “called for and dealt with the sealing of commercial property cases in March 2005, though it was not assigned to him.”.[5]

The actions have been condemned as being at best improper and at worst an attempt “to benefit his sons who entered into partnerships with shopping malls and developers of commercial complexes”.[12] Former Solicitor General KK Sud called this behaviour “the height of indiscretion.”[13]

In terms of the content of the charges, the most damaging aspect is the participation of the shopping mall construction giant BPTP in his son’s export-import business. Both the Chawla’s were on the board of the firm by early 2005, around the same time that Sabharwal started taking interest in the demolition drive. What is surprising is that while Justice Sabharwal in his justification[6] addresses the other two (lesser) charges in some detail, but he is completely silent about the BPTP connection.

Jail term for two Journalists, cartoonist, publisher[edit]

In September 2007, four Mid-Day journalists were sentenced to prison by the Delhi High Court for contempt of court (making such allegations about an ex-judge).[14] The scribes said: “We stated facts in our stories. (in the articles relating to former Chief Justice of India Y K Sabharwal) and that is why we should not be hauled up for contempt. The laws in the country are outdated.” The contempt laws in India do not rely on truth as the primary test for judging contempt. The columns were also somewhat tongue-in-cheek, accompanied also by a cartoon (the cartoonist has also been sentenced to four months in jail).

Justice R S Sodhi and Justice B N Chaturvedi of the Delhi High Court, in their judgement, said: “We feel, in this peculiar case, the contemnors have tarnished the image of the highest court and the sentence of four months’ imprisonment would serve the justice.” M K Tayal, senior journalist, said, “The judges did not go into the merits of the argument. They did not apply their minds while delivering the judgement.”.[15] “The Supreme Court in its judgement has clearly laid down the Laxman Rekha which we feel the publications have crossed.” (The Laxman Rekhais a Ramayanic reference to a line that should not be crossed). However, the defendants had already processed their bail requests from the Supreme Court, and they were immediately released on bail. Tayal and three others are no more associated with Mid Day. It appears that the management of the newspaper compromised with Sabharwal and BPTP. Tayal, a former Indian army officer, objected Mid Day’s policy of refraining from exposing more about the dealings of ex-CJI. Mid Day’s MD Tariq Answari had written a note regarding the newspaper not carrying any more article on Sabharwal.

About the judgement, ex-law minister Shanti Bhushan stated that Parliament had in 2006 amended the Contempt of Courts Act to say that “if the allegations against a judge were found to be true, then they would not be considered contemptuous”. In view of this, the judgement, he said, may be “only aimed at terrifying the media and an attempt to curb truthfulness.”[12]

 

Image result for reliance company images

Image result for reliance company images

RELIANCE INDUSTRIES LIMITED – WHERE IS ACCOUNTABILITY?


Dear mukesh & anil ambani,


The reliance industries has always got a favourable treatment from the state & central governments.there are allegations that ,


1.years ago, the central government gave import concessions for import of certain raw materials of textile sector ,which hugely benefitted the P.F.Y & TEXTILE projects of your’s ie reliance industries.


2.the O.N.G.C which has painstakingly surveyed the oil & gas reserves & prepared a list of lists,gave that list & you got godavari basin oil & gas project from the government .O.N.G.C could have developed it & earned millions.


3.few months back you were charged both by the government & cellular operators (GSM) that you are giving S.T.D & ROAMING FACILITIES to your reliance phone subscribers.your’s was only a W.L.L. they even claimed that you are misusing a legal loophole & causing crores of losses to the government & other GSM operators. however while the issue was before the T.R.A.I, the trai legalized your actions by announcing unified licence for telecom operators.


4.now you are charged by the government of re-routing ISD CALLS as local calls,thereby causing crores of losses to the government & BSNL.this time also you may get the reprieve from the government. the government ,if a commonman does not pay his electric bills in time slaps interest & cuts down the electric supply immediately. however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like a SANTA CLAUS.


WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?
the TRAI announced unified licence regime in haste that too with retrospective effects.so all the charges against reliance were dropped. in the same vein as unified licence got retrospective effect , why not the government re-imburse the differece amount out of hefty fees collected from other cellular operators ? take the reliance fees as bench mark.anyway , finally commonman is the looser.

 

10 things you should know about the Reliance KG-D6 gas deal

 

Reacting to Arvind Kejriwal’s presser where he said that an FIR will be filed against Mukesh Ambani, current oil minister Veerappa Moily and former oil minister Murli Deora over the gas pricing formula, Moily said that we should sympathize with his ignorance since kejriwal doesn’t know how the government functions. He reiterated that the norms were being followed and there is a system for fixing prices.

ALSO READ: Kejriwal orders FIR against Mukesh, Moily

 

So who is actually ignorant in this case? Were the norms actually followed or has Kejriwal raised some valid points.
ALSO READ: T N Ninan: One more! 
Here is a refresher and ready reckoner on the entire KG D6 gas basin controversy.

 

1) What is KG D6 basin?

 

Krishna Godavari (KG) Basin is spread across 50,000 sq km in the Krishna River and Godavari river basins near the coast of Andhra Pradesh. The site Dhirubhai-6 (D6) is where Reliance Industries discovered the biggest gas reserves in India. In government records, the 7,645 sq km block is known as KG-DWN-98/1. The KG basin is considered to be the largest natural gas basin in India.

 

2) How did Reliance Industries get into KG basin?

 

Government of India opened up hydrocarbon exploration and production (E&P) in the country to private and foreign players in 1991. Small and medium sized blocks were opened up in this round which was followed up by giving out bigger blocks in 1999 as per the New Exploration and Licensing Policy (NELP). Through NELP, Reliance bagged the rights to explore the D6 block.

 

3) Did government have a role after the block was handed over?

 

Since all mining resources belong to the people of India, government monitors the exploration and production of these. In the case of oil and gas sector, government enters into contractual relationship with the private player through a Production Sharing Contract (PSC). The PSC lays out roles and responsibilities of all parties, specifies the detailed procedures to be followed at different stages of exploration, development and production. It also specifies the cost recovery and profit sharing in the contract. Directorate General of Hydrocarbon (DGH) monitors the PSC. A PSC was signed between the government of India (GOI) and undivided Reliance Industries and its minority partner Niko Resources (10 per cent stake) for exploration and production of oil and gas.

 

4) What happened to KG D6 when the Reliance group split?

 

Even before production could start from the KG D6 wells, Reliance group was split vertically between the two brothers, with the gas business of Reliance Industries remaining with Mukesh Ambani, the elder brother. The brothers fought over this huge reserve of gas even though it was not theirs in the first place. The very first line of a production sharing contract clearly says that “By virtue of article 297 of the Constitution of India, Petroleum is a natural state in the territorial waters and the continental shelf of India is vested with the Union of India”.

 

The brothers while splitting their father’s empire split the gas reserves too. A family pact between the two brothers, which was never made public till the issue blew out of proportion, was at the core of the dispute. Anil Ambani owned RNRL (Reliance Natural Resources Ltd) citing the agreement by the brothers in 2005, claimed it had rights to gas from Reliance KG basin for 17 years at $2.34 per mmBtu (million British thermal unit).The Supreme Court finally settled the matter by saying that ‘the government owns the gas till it reaches its ultimate consumer and parties must restrict their negotiation within the conditions of the government policy’.

 

Here the role of the government needs to be highlighted. None of the ministries involved in the process, including the oil ministry which Moily now represents, raised the point that the gas reserves belonged to the country and was not a property of the Ambani family. Even the Prime Minister, ManMohan Singh meekly requested the brothers to settle their differences in the interests of the country.

 

But how did the Ambani brothers arrive at this magic figure of $2.34 per mmBtu when there was no benchmark. In fact ONGC was supplying gas to the government at half the rate.

 

5) How did Anil Ambani arrive at the price of $2.34 per mmBtu for KG basin gas?

 

In June 2004, National Thermal Power Corporation (NTPC) invited bids for supply of gas for its 2600 MW power plant in Kawas and Gandhar. Reliance Industries, hopeful of starting production of gas by the time NTPC’s power plant is ready bid for the project and was awarded it as the lowest ‘techno-commercial’ bidder. A Letter of Intent (LOI) was issued to Reliance Industries to supply 132 trillion units of gas per annum to NTPC for 17 years at a price of $2.34 per mmBtu. Anil Ambani used this as a basis for asking gas for his power plant.

 

6) Why is the NTPC-Reliance dispute all about? 

 

Reliance Industries refused to sign the contract for supply of gas. Jairam Ramesh, the Minister of Power in a written reply to a question in Lok Sabha in 2009 said that “After issuance of LOI, RIL did not come forward to sign the Gas Sale and Purchase Agreement and sought major changes in the draft GSPA.In spite of all the efforts (by NTPC) RIL did not sign the GSPA agreed during the bidding process.”

 

NTPC dragged Reliance to Bombay High Court on December 20, 2005 but unfortunately the case that has dragged on. The case after nine years is still sub judice. Here again the government’s disinterest in protecting the interests of its own PSU has been a matter of much debate.

 

While NTPC was fighting the case with Reliance in the Bombay High Court, the government referred the matter to an Empowered Group of Ministers (EGoM) in 2007 headed by none other than the current President Pranab Mukherjee, who was then the finance minister. EGoM approved a rate hike of $4.2 per mmBtu of gas. This decision was taken without a single unit of gas coming out of the KG basin.

 

Reliance grabbed at this opportunity and said that it could not supply gas at a price lower than the mandated price set by the government.

 

7) How did Pranab Mukherjee arrive at the price of $4.2 mmBtu for gas?

 

The price was arrived by Reliance through its ‘price discovery mechanism’. As per a Reliance crafter formula, user companies were asked to quote a price which gave them a choice of arriving at a value between $4.54 and $4.75 per mmBtu. Reliance initially forwarded a figure of $4.59 which was later brought down to $4.3, but Pranab Mukherjee claimed victory by announcing a figure of $4.2 per mmBtu.

 

The brazenness of the entire exercise by the government can be seen from the fact that the objections raised by the Principal Advisor, Power and Energy to the government of India, Surya P Sethi along with the then cabinet secretary were ignored by the government. Surya questions the recommendation saying that nowhere is the cost of production more than $1.43.

 

8) Is it exploration or exploitation?

 

A CAG report released in 2011 (initiated in 2007 but delayed due to non-co-operation) on Performance Audit of Hydrocarbon PSCs castigated the oil ministry along with Reliance to retain its entire KG-D6 block in contravention of the PSC. As per the PSC, Reliance should have relinquished 25 per cent of the total area outside the discoveries in 2004 and 2005, but the entire area was declared as a discovery area (after initial objections) and the company was allowed to retain it. Without drilling adequate wells, Reliance kept on claiming that there was potential for petroleum. In CAG’s words this was done to confuse potential/prospectivity with actual discovery of hydrocarbons. The move allowed Reliance to keep the entire area to itself without following the norms laid under the PSC.

 

In a recent report CAG has said that Reliance moved directly from discovery to commercial production, skipping the intermediate appraisal programme step required as under PSC. CAG asks, without an appraisal programme how did the government and DGH ascertain the amount of gas in the well? And if they did not know how much gas was there in the well, what is the logic and basis of blaming Reliance of hoarding gas. Further, as pointed out by CAG, how did DGH assure itself of reliability of the development plan, production rate and production costs without the appraisal report?

 

9) Why more investments are bad?

 

CAG pointed out that as per the PSC, more investments, especially in initial stages would mean more profit for the operator and less for the government. This structure gives inadequate incentive for operators to reduce capital expenditure and provides them with substantial incentives to ‘front-end’ capital expenditure. Share of government profit varies from 85 per cent in a low investment scenario to 5 per cent in a high investment scenario. This explains the case of exaggerated investment made against Reliance Industries.

 

Incidentally, as pointed out by V Ranganathan of IIM Bangalore in his article in Economic Times, the case of exaggerated investment was first pointed out by Anil Ambani, where he pointed out that investment as per Reliance’s plan is increasing four times but production is expected to only double. Reliance revised its production estimates from 40 mmscmd (million metric standard cubic metres per day) to 80 mmscmd while increasing its investment from $2.4 billion to $8.8 billion.

 

10) How was the new pricing formula arrived at?
Former RBI governor C Rangarajan came out with a formula which has been followed nowhere in the world, which has resulted in Reliance (and other players too) getting a price on import parity basis. Surya Sethi, former Principal Adviser, Power and Energy, Government of India does not mince words when he asks the Prime Minister in an open letter [Read here] not to burden the nation with Rangarajan Committee’s madness that only benefit a select few.

 

Conclusion

Sethi’s open letter to the Prime Minister sums up the entire issue when he points out that the CAG’s findings reveal how crony capitalism benefited RIL. The pre-qualification norms were diluted to ensure RIL qualified, the claimed size of gas discoveries, the field development plans and the investment outlays proposed escaped rigorous due diligence says Sethi. Above all, the company’s commitments under the PSC on gas output were not enforced.

 

The entire episode stinks of anything but natural gas. While Moily may claim that system was followed, there is enough evidence out there that says otherwise.

 

THE MEGA 4G SCAM BY GOVERNMENT AND RELIANCE

 

 

After the 2G spectrum allocation scam of the UPA Government, another major telecom scandal in the allocation of 4G spectrum (BWA) has come to light by the recent CAG report. In fact, AAP leader and senior lawyer Prashant Bhushan has filed a PIL in the Supreme Court seeking cancellation of Reliance Industries’ telecom license and a through criminal investigation. Supreme Court had issued notice to Government and Reliance on that petition on 9th May 2014.

The factum of the scam is this. The UPA Government in March 2013 allowed a back-door entry of Reliance Jio Infocomm into voice telephony in violation of the judgment of the Supreme Court in the 2G case. This was done at the price discovered in 2001 of Rs 1,658 crores for a pan-India licence, which is the same price that was struck down by the Supreme Court in the 2G judgment because of having caused a huge loss to the public exchequer.

During May-June 2010 the auctions for 3G and 4G were concluded. The 3G auction fetched Rs 16,750.58 crore for 5+5 MHz spectrum in 2100 MHz (or 2.1 GHz) band. Thus, per MHz price worked out to be Rs 1,675 crore. Immediately, after the 3G auction, the 4G auction began which fetched Rs 12,847.77 crore for 20 MHz pan-India license in the 2300 MHz (or 2.3 GHz) band. This works out to be Rs 642.39 crore per MHz. This was so because all documents stated that 4G spectrum was for data services only, whereas 3G spectrum can be used for both data and voice telephony.

Infotel Broadband Services Pvt Ltd (IBSPL) emerged as the only company to have acquired pan-India 4G spectrum. IBSPL had an internet license since November 2007 and had just one subscriber with revenue of Rs 16.28 lakhs during 2009-10, and its authorized share capital was Rs 3 crore and the paid up capital was Rs 2.51 crore. Infotel Digicomm Pvt Ltd (IDPL) held 99.99% share of the IBSPL at the time of submission of application in March 2010.

Within hours of completion of 4G auction on 11.06.2010, IBSPL increased the authorised share capital from Rs 3 crore to Rs 6,000 crore. On 17.06.2010, the company authorized its Board of Directors to allot 475 crore equity share of Rs 10 each to Reliance Industries Ltd (RIL) and 25 crore equity share of Rs 10 to Infotech Digicomm Pvt Ltd (IDPL) aggregating to the equity capital of Rs 5,000 crore. On the same day, the company also decided to change from a private company to Public Limited Company (Infotel Broadband Services Ltd). Thus, the company within a week of winning the 4G spectrum disposed off 95% shares to RIL while 5% was retained by IDPL. Much later in March 2013, the company was renamed as Reliance Jio Infocomm Pvt Ltd.

CAG has found that the Government did not protect its interest at the time of framing eligibility criteria for the 4G auction. It allowed participation of internet (ISP) licensees without ensuring adequate safeguards in terms of net-worth of the companies participating in the auction. It found that while a UAS licensee or even a new company without a license was allowed to participate in the 4G auction, but they had to pass through the test of net-worth in order to become eligible, but no such criteria was specified for the existing internet (ISP) licensees participating in 4G auction. CAG observed that this criterion was important even for ISP-A licensees as they had to participate in the bidding where the reserve price was fixed at Rs 1,750 crore per pan-India license for 20 MHz spectrum in 2.3 GHz band. The only company which won the pan-India 4G license, was an ISP-A licensee, Infotel Broadband Services Pvt Ltd (IBSPL), a HFCL promoted group company. CAG has stated that IBSPL was given the ISP-A license in November 2007, and it had just one leased-line subscribers as on December 2009 and total revenue of just Rs 16.28 lakh for FY 2009-10. The paid-up capital was just Rs 2.51 crore and 99.99 per cent of it was held by Infotel Digicom Pvt Ltd at the time of submission of application for the 4G auction in March 2010. Thus, this company could not be termed as a serious player. And there were no checks in-built in the auction process to eliminate such non-serious players, CAG has observed.

After the company was taken over Reliance Industries, the Government allowed it to provide voice telephony (which was earlier prohibited) without conducting a fresh auction. This was done at the rate of Rs 1,658 crore which was fixed in 2001, and had been struck down by the Supreme Court in the 2G case for causing huge loss to public exchequer. The CAG has now concluded that besides vitiating the auction process, an undue advantage of Rs 22,842 crore was given to RIL at the cost of exchequer. The relevant part of the CAG’s report is reproduced below: –

It was found that the basis of the decision i.e. payment of entry fee of Rs 1,658 crore by ISP licensee for a permission to Pan India provision of mobile voice services using BWA spectrum considered by the DoT Committee, Telecom Commission and the MOC&IT, was primarily intended to fill the gap between the eligibility criterion stipulated for participation in the 3G / BWA auction in 2010 as UAS / CMTS licensees had paid entry fee of Rs 1,658 crore while ISP licensees had paid only Rs 30 lakh.

The DoT Committee, Telecom Commission and the MOC&IT however ignored the fact that the quantum of entry fee i.e. Rs 1,658 crore was basically discovered in 2001 through the bidding for the 4th Cellular licenses. Market conditions since then have changed drastically, and this price needed to be modified to reflect the present value. Neither the DoT Committee / TC under the Chairmanship of the Secretary DoT nor the MOC&IT felt the need for revision of the price discovered in 2001 as the entry fee for UASL in 2013, even when the Hon’ble Supreme Court of India had cancelled 122 licenses granted in 2008 on the basis of the same entry fee stating that it was impossible for them to approve the action of the DoT.

Therefore, by permitting ISPs to provide mobile voice service using BWA spectrum won in 2010 auction post-auction, the government has brought ISP licensees with BWA spectrum at par with UAS / CMTS 3G spectrum winners so far as provision of services are concerned – Voice, Data, etc., and post auction interpretation of such vital nature would appear to be arbitrary, inconsistent and not appropriate. Hence, IBSPL, now Reliance JioInfocomm, appeared to have been accorded undue advantage of Rs 22,842 crore i.e. the difference of the proportionate prices for 20 MHz block size in 2.1 GHz spectrum band (3G spectrum) and 2.3 GHz spectrum band (BWA spectrum) plus the Net Present Value of the entry fee for UASL at the end of FY 2009-10 (Rs 20,653 crore plus Rs 3,847 crore – Rs 1,658 crore). Besides, the sanctity of the entire auction process has been rendered vitiated due to post auction interpretations and interventions after three years. It was therefore no surprise that Reliance JioInfocomm was among the first group of companies which applied for UL immediately after introduction of the scheme and obtained the Letter of Intent (LoI). Had the spectrum blocks been specified and declared as liberalised spectrum blocks i.e. open for all technology / services in the NIA in February 2010, there was no doubt that bidders would have taken informed decision for putting up their bid and the market discovered price would have been significantly different for 3G and BWA spectrum.

Therefore, the Aam Aadmi Party demands the NDA government to immediately cancel the telecom license and allotment of 4G spectrum given to Reliance Industries and also a registration of an FIR by the CBI for a through criminal investigation into this scam involving Reliance Industries and the UPA Government.

 

Petroleum Ministry document leak: It’s a Rs 10,000 cr scam, claims accused Santanu Saikia; R-ADAG office raided

 

The dramatic claim comes after police arrested five senior executives from top energy firms and two consultants, including Sanatnu Saikia in the Petroleum Ministry ‘leak’ case.

 

A key accused in the corporate espionage case today claimed that it was a Rs 10,000 crore scam that he was trying to uncover as police said documents seized from corporate executives related to “national security” that can attract Official Secrets Act provisions.

Meanwhile, a local court remanded the five arrested corporate executives in police custody till February 24 for further questioning. Delhi Police also conducted raids here and in nearby Noida looking for stolen documents from offices of petroleum companies.

Santanu Saikia, a former journalist, now running an energy consultant running a website, claimed to reporters outside an Crime Branch office that it was a Rs 10,000 crore scam, which he was trying to uncover. “Please quote me,” he said as policemen took him in for interrogation.

Reacting to his claim, Petroleum Minister Dharmendra Pradhan said Saikia was saying such things for covering up his own defence.

“Let him spill out all the information he has. The primary accusation is that somebody stole the papers from the ministry. Police is investigating. Anybody has the right to tell everything to the police,” he said.

Pradhan said police is doing an independent job and everything will be clear after investigation. Law will take its course, whoever they may be, he said when asked about the arrest of executives of private companies.

Producing the five corporate executives arrested yesterday before Chief Metropolitan Magistrate Sanjay Khanagwal, the police said, “National interest was taken for a ride in the case.

“Documents related to national security have also been recovered. This may attract charges under the Official Secrets Act.”

The five–Shailesh Saxena from RIL, Vinay Kumar from Essar, KK Naik from Cairns, Subhash Chandra from Jubilant Energy and Rishi Anand from Reliance ADAG–who were produced in the court in police custody till February 24 for further questioning.

The police told the court that they have to consult the concerned ministries regarding the documents which have been recovered from the possession of the accused and their custodial interrogation was required to confront them with the same.

 

These five accused were procuring these sensitive documents at the behest of their senior officials, some of whom might be interrogated in the ongoing investigation, police said.

The advocates appearing for these five accused vehemently opposed the police’s plea seeking five days police custody, contending that their clients have been illegally detained since February 18 and 19.

The defence counsel also contended that there was nothing to be recovered from their clients and the police have not told the court regarding the specific allegations against these accused.

With the arrest of these five accused, the total number of arrests in the case rose to 12. Seven others were produced in the court yesterday out of whom four were sent to police custody till February 23 and three were remanded to judicial custody for two weeks.

Police sources said that Subhash Chandra, a senior executive with Jubilant Energy, who was arrested along with four other top officials of energy companies yesterday, was taken to Jain’s office in the morning.

After searching Jain’s office, the police team took him to the Noida office of Jubilant Energy. His office and some other rooms were searched by the police to recover stolen documents.

Office of another petroleum company whose executive was also one of them arrested was also raided by the police. Laptop and computers of the arrested officials have been seized by investigators which would be sent for forensic analysis.

Asked about the issue, Delhi Police Commissioner B S Bassi said, “We have searched places which were necessary for the course of investigation. We may further raid places as our aim is to reach the bottom of the whole thing.”

The police chief also said that investigation is on in the case and it will end only when a charge sheet will be filed.

“We need to know since how long this has been going on and who all benefited from it,” said a senior official.

According to police, all these company executives allegedly received stolen documents which have been recovered by police teams during raids from their establishments.

Saxena is Manager, corporate affairs, Reliance Industries Limited(RIL); Chandra is senior executive, Jubilant Energy; Anand is DGM, Reliance ADAG; Vinay is DGM, Essar and Naik is GM, Cairns India.

They have been booked under IPC sections 120 B (criminal conspiracy) and 411 (dishonestly receiving stolen property).

The case FIR, produced in a local court yesterday said an input on the National Gas Grid for the Finance Minister’s Budget speech of 2015-16 is among the various “secret” documents recovered from the accused.

The office of Reliance ADAG group at a premier five-star hotel here was also raided today by police in this connection.

“We are basically looking for the stolen documents from the establishments linked to the 12 people we have arrested so far. Searches are being conducted at various places in Delhi and NCR,” said a senior police official associated with the probe.

The raids have been confined to this region and not being carried out “across the country” as was speculated, he added.

Sources, meanwhile, said that police had also stumbled upon another module operated separately from the those arrested so far and their ‘area of operation’ was another plum ministry.

They added that a junior level officer and some more corporate executives are under scanner in this connection and arrests are expected by Monday.

 

 

KG basin controversy: SC seeks response from Reliance


The Supreme Court on Friday granted six weeks time to Mukesh Ambani’s Reliance Industries Ltd (RIL) to respond to the final CAG report, which found alleged irregularities including in payments made to the contractors on drilling of D6 wells at the Krishna-Godavari basin.

The apex court posted the next hearing for March 20 during which it would examine the RIL’s response to the CAG report that had sought disallowance of $357.16 million (about Rs 2,179 crore) expenditure RIL incurred on drilling of wells and payments to contractors in KG-D6.

Solicitor General Ranjit Kumar said the Centre can make comments on the Comptroller and Auditor General (CAG) recommendations and findings only after getting the report of the Parliament’s Public Account Committee which is examining it.

The order was passed during a brief hearing of petitions filed in 2013 by senior CPI leader Gurudas Dasgupta and NGO Common Cause, challenging the then UPA government decision to double the price of natural gas from $4.2 to $8.4 per mmbtu and seeking cancellation of RIL’s contract for exploration of oil and gas from the KG basin.

The third PIL on the issue has been filed by advocate M L Sharma. A bench headed by Justice T S Thakur also allowed Dasgupta and other petitioners to file their response to the NDA government’s fresh guidelines which would “supersede” the earlier UPA dispensation’s policy on price fixation for natural gas, including that from KG basin, which has been the bone of contention between the Centre and RIL.

The Solictor General on November 14, 2014 had said before the bench, which also comprised justices J Chelameswar and Kurian Joseph, that the ‘new domestic natural gas policy’ was approved by the government on October 18 raising natural gas price to $5.61 per mmbtu from November 1 and had said that “recommendation of the Rangarajan Committee would not be given effect”.

The Rangarajan formula on gas pricing was approved by the previous UPA government. Rangarajan was Chairman, Economic Advisory Council to the then Prime Minister.

In its second audit of RIL’s eastern offshore KG-D6 block, the CAG on November 28, 2014 recommended disallowing the company from recovering $279.8 million in cost of three wells as well as a part of expenditure the firm had incurred in area which was improperly declared discovery area.

The CAG, in its report tabled in the Parliament, found irregular payment of $427.48 million to contractors, of which it sought disallowance of at least $77.36 million cost. Earlier RIL’s senior advocate Harish Salve had said “he is not happy with the new guidelines (on gas pricing)”.

While the Centre has maintained that the issue raised by Dasgupta has been addressed with the new guidelines, advocate Prashant Bhushan, appearing for the NGO, had said several other issues needed to be argued.

He had said that the draft CAG report itself suggested that RIL “hugely over-estimated” the reserves of the KG gas block and other irregularities are cited.

Among the other issues, the NGO has alleged that fraud was committed by RIL requiring government to take back the field and there was a need for court-monitored probe on the issue.

Dasgupta and the NGO had said government should be asked not to make “any further increase” in the price of gas produced by RIL from KG basin.

RIL has refuted the allegation of extraneous consideration for the increase in the gas price from $4.2 to $8.4 per mmbtu for the gas taken from the existing fields like KG D-6 basin. RIL had submitted that the gas output from KG basin has fallen to 8 mscmd against expected 80 mscmd due to “technical reason”.

M Veerappa Moily, the then Union Minister of Petroleum and Natural Gas, was also named as one of the respondents in the petitions. The PILs have also sought imposition of penalty on private parties for failure in adhering to commitments.

The petitioners have sought a direction for a thorough audit by CAG of the working of the production-sharing contract (PSC) governing KG block, gold plating by RIL, underproduction by RIL and all related issues.

The former CPI MP had alleged collusion between the government and the company, saying RIL “is holding country’s energy security to ransom”. He also said that natural resources belong to the citizens and the government.

The Common Cause has supported Dasgupta’s arguments and referred to controversial intercepted telephonic conversations between former corporate lobbyist Niira Radia with others to support the allegation of collusion.

The NGO has urged that Centre should wait for the outcome of the two petitions pending before the apex court.

 

Kejriwal trains his guns on Reliance Industries Limited ( RIL ), wants gas pact cancelled

Kejriwal attributes Jaipal’s ouster to his refusal to carry out Mukesh Ambani’s diktat
India Against Corruption on Wednesday launched a scathing attack on the NDA government as well as the Manmohan Singh government for protecting the interests of corporates, especially Reliance Industries Limited (RIL). It demanded that the government’s contract with RIL be scrapped as the Mukesh Ambani’s company allegedly cut down on production from its KG D6 gas- field to gain huge profits after the proposed gas price revision.
Linking the shifting of Jaipal Reddy from the Petroleum and Natural Gas Ministry to his refusal to follow RIL’s diktat to revise the price before the scheduled deadline of April 2014, IAC leader Arvind Kejriwal said Mr. Reddy was shunted out as he refused to bow to RIL, arguing that a price revision would fetch the company an additional profit of Rs. 43,000 crore.
“Mr. Reddy had prepared a note for the Empowered Group of Ministers (EGoM), in which he mentioned that acceptance of RIL’s demand would mean an additional profit of Rs. 43, 000 crore [to the company]. Most of this gas is used in power and fertilizer production. Increasing the gas price would mean an additional financial burden of Rs. 53,000 crore on the Central and State governments. This would in turn mean higher power and fertilizer prices… or a higher subsidy burden on the taxpayer,” Mr. Kejriwal said in his third expose, after targeting Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari.
Mr. Kejriwal, who addressed journalists, along with Supreme Court lawyer Prashant Bhushan, said that in 2006, it was Mani Shankar Aiyar who got the axe and Murli Deora was brought in to allow RIL to increase capex from $2.39 billion to $8.8 billion and to increase the gas price from $2.43 per Million Metric British Thermal Units (mmBtu) to $4.2 mmBtu. “We demand that the contract with RIL for the KG D6 be scrapped immediately and the state-run companies like ONGC be given the block for future production. The government should immediately put in place adequate systems to get full production from the KG D6 at the cheapest prices for the country and its people.”
Mr. Kejriwal said that under RIL’s contract, the company was supposed to sell gas at $4.2 per mmBtu until March 2014. But midway, the company wanted the price increased to $14.2 per mmBtu.
Mr. Kejriwal and Mr. Bhushan alleged that to pressure the government to revise the gas price, RIL had substantially reduced production for over the past one year. The total consumption in the country stood at 156 Million Metric Standard Cubic Metre Per Day (mmscmd). RIL was supposed to produce 80 mmscmd from 2009. However, it was turning out just 27 mmscmd. “Production was being artificially kept low to blackmail the government. They are not just hoarding gas but also forcing various consumers to buy gas from abroad. Gas from abroad costs $13 per mmBtu, and if RIL’s demand for increasing the gas price is accepted, it will lead to the shutdown of several gas-based power plants and an increase in power and fertilizer prices. It will result in Rs. 43,000 crore of additional benefits to RIL.”
Mr. Kejriwal said the drastic reduction in gas production forced many gas-based power plants to shut down or run with a reduced capacity. “Today, power from a gas-based power plant costs Rs. 3 a Kwh (Kilowatt hour). If the gas price is increased from $4.2 to $14.2 as demanded by RIL, power rates will go up to Rs. 7 a Kwh. “We urge the people of this country not to allow the government to pass the huge benefit to RIL and [to] flood the Petroleum Ministry and its new Minister, Veerappa Moily, with RTIs [Right to Information questions] … so that he does not dare to undertake any revision. We should not allow this government, which changes Ministers at the instance of Mr. Ambani, to work at the direction of RIL.”
Mr. Kejriwal played the clippings of tapes, involving conversations between corporate lobbyist Niira Radia and Atal Bihari Vajpayee’s son-in-law Rajnan Bhattacharya. “First, the NDA regime favoured RIL in the structuring of the deal in 2000, and various modifications were made thereafter.” Citing the CAG’s report on the KG D6, he alleged that the motivated structuring of the contract could cost the exchequer up to Rs. 1 lakh crore.
He said RIL had signed a contract with state-run NTPC in 2004 to supply gas for its power plants at $2.34 per mmBtu. However, the company backed out of the deal, and the matter was in court. “UPA I or UPA II did not deem it fit to vigorously take up the case of NTPC against RIL, but worked in a proactive manner to get the price revised for RIL gas. The EGoM, headed by the then Finance Minister, Pranab Mukherjee, revised the gas price to $4.2 per mmBTU, and by doing so, it gave RIL an undue benefit of Rs. 8,000 crore. 

 

Kejriwal’s latest: Reliance blackmailing govt, Mukesh Ambani running India

NEW DELHI: S Jaipal Reddy was axed as petroleum minister for refusing a Mukesh Ambani-led Reliance Industries’ proposal to hike charges of gas it supplied to state-run power plants, India Against Corruption’s Arvind Kejriwal charged on Wednesday, demanding that the Krishna Godavari basin allotted to the company be taken back.
“Mukesh Ambani is running the country it seems,” Kejriwal told the media here. “Jaipal Reddy was removed as he refused to hike the charges levied by Reliance Industries to supply gas to the NTPC (National Thermal Power Corp).”
Reliance called the charges “irresponsible”.
According to Kejriwal, the KG basin was awarded to Reliance in 2000 by the NDA government when the company agreed to supply gas to the NTPC for the next 17 years at $2.34 per unit.
But, said Kejriwal, the company revised the rate to $4.25 per unit in 2007 which then finance minister Pranab Mukherjee agreed to as the head of an empowered group of ministers.
“The entire contract was meant to benefit Reliance because … the cost would be determined by the company, and if the cost increases, so will the profit,” he said, adding this was unheard of in business.
The company, he said, revised the rate to $4.2 per unit in 2007, which then finance minister Pranab Mukherjee agreed to as head of an empowered group of ministers, benefiting Reliance to the tune of Rs.10,000 crore.
Kejriwal alleged that in 2006 then petroleum minister Mani Shankar Iyer was removed and Murli Deora brought in to increase Reliance Industries’ capital expenditure from $2.39 billion to $8.8 billion, and to hike gas price from $2.34 per unit to $4.2 per unit.
Later, the company wanted the rate further hiked to $14.2. Jaipal Reddy, who reportedly did not agree to the proposal, was shunted out in Sunday’s cabinet rejig, said the activist-politician.
Kejriwal released to the media a “secret” document of the petroleum ministry that said that accepting the Reliance demand would generate for it an additional profit of Rs 43,000 crore ($8.5 billion).
“In order to pressurize the government, RIL substantially reduced its production of natural gas,” a statement from India Against Corruption said.
“Production has been artificially kept low to blackmail the government. They are not just hoarding the gas but also forcing various consumers to buy gas from abroad.”
When Reliance sought Prime Minister Manmohan Singh’s intervention, he asked the attorney general to find out if the gas prices should be hiked or not.
“Why did the PM not show similar concern when NTPC was forced to accept higher gas price from RIL? Why is the PM not pulling up Reliance for not producing gas as per their commitment? Why did the PM not seek legal opinion when the country’s interests were at stake?”
Kejriwal, who was flanked by fellow activists Prashant Bhushan and Manish Sisodia, demanded that Reliance Industries’ “blackmailing” should be immediately stopped.
“Their KG Basin contract should be cancelled. The government should immediately put in place adequate systems to get full production from KG Basin at the cheapest price for the country.”
The Bharatiya Janata Party (BJP) asked the prime minister to respond to IAC and explain why Jaipal Reddy was dropped from the petroleum ministry.
“Is it any malfunction in the ministry that has persuaded Manmohan Singh to effect this change? Or is that Jaipal Reddy was not found a ‘convenient’ minister? Or is this another example of corporate interests taking precedence over national good?” BJP leader Jaswant Singh asked.
After taking on Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari, anti-corruption activist-turned-politician Arvind Kejriwal on Wednesday charged Mukesh Ambani, India’s richest man and chairman of Reliance Industries Limited (RIL), with getting undue
related stories
• Cong slams IAC over RIL allegations, questions source of funding
• RIL denies IAC allegations, says chargess made at ‘behest of vested interests’
• BJP to govt: Was Jaipal shifted to benefit RIL?
favours from the government over a contract to develop natural gas fields.
The allegations pertain to RIL’s D-6 block in the Krishna Godavari (KG) basin, India’s largest gas producing field off the eastern coast in Andhra Pradesh, which is being jointly developed by RIL and its partners, Britain’s BP and Canadian firm Niko Resources.
Kejriwal and his colleague, lawyer Prashant Bhushan, termed the deal a “classic case of crony capitalism” and said both the BJP-led National Democratic Alliance (NDA) and Congress-led UPA (United Progressive Alliance) governments were responsible for RIL getting this contract.
The contract, signed in 2000 by the then NDA government, according to Kejriwal, would rob the national exchequer of revenues to the tune of Rs. 45,000 crore if RIL’s demands for a higher price for its gas were met.
The government has not decided yet on a demand by RIL to raise the price of gas from the field to $14.25 per unit from $4.25, the subject of a long-running controversy.
In a brief statement, RIL dismissed the charges as being “devoid of any truth or substance”.
“Irresponsible allegations made by IAC at the behest of vested interests without basic understanding of the complexities of a project of this nature do not merit a response,” it added.
Petroleum minister Veerappa Moily refused to comment.
“I have better things to do,” he said.
“I don’t want to respond.”
The press conference also witnessed high drama when a Congress worker wanted to question Kejriwal, but was heckled by camerapersons and IAC volunteers, and forced to leave the venue.
Kejriwal based his attack on the government and RIL on the so-called ‘Radia tapes’, a collection of phone taps from between 2007 and 2009 in one of which someone thought to be former prime minister Atal Behari Vajpayee’s son-in-law Ranjan Bhattacharya is heard telling RIL and Tata Group’s corporate lobbyist Niira Radia that Ambani had told him that “Congress to apni dukaan hai”.
The unearthing of the Radia tapes had triggered accusations of corporate influence in the distribution of ministers’ portfolios in the UPA’s second term.
On Wednesday, Kejriwal gave this accusation fresh legs by linking Jaipal Reddy’s removal from the petroleum ministry on Sunday to his run-ins with RIL over the pricing of gas.
He also gave a populist spin to his allegations by linking the government’s restriction on the supply of cheap LPG cylinders to the public to the high profits being allowed to RIL.
“We want to know why the PM’s heart beats only for RIL. Why did he not seek the attorney general’s opinion when NTPC was not getting gas at cheap rates?” Kejriwal said.
State-run National Thermal Power Corporation (NTPC) had sought cheaper gas to fire its power plants.
* In 2006, Mani Shankar Iyer was removed and Murli Deora brought in to increase RIL capex from $ 2.39 billion to $ 8.8 billion and to increase gas price from $2.34 per mmBTU to $ 4.2 per mmBTU
* In 2012, Jaipal Reddy has been removed and Moily brought in to increase gas prices from $ 4.2 per mmBTU to $ 14.2 mmBTU and to condone RIL’s blackmailing of reducing gas production
* Both BJP and Congress involved. BJP signed a sweet deal with RIL in 2000. Congress faithfully implemented it
* If RIL demand of increasing the gas price to $ 14.2 is accepted, it would lead to shut down of several gas based power plants and increase in power and fertilizer prices
* By this deal, RIL would benefit by an additional Rs. 43,000 crore
* In Nira Radiia tapes, Ranjan Bhattacharya (Vajpayee’s son in law) is heard telling Nira that Mukesh Ambani told him –“Congress to ab apni dukaan hai”
* Huge benefits given to RIL in last one decade despite flagrant violations of various agreements by RIL. Benefits to RIL causing serious price rise in the country.
* “In order to pressurize the government, RIL substantially reduced its production of natural gas. Total consumption of natural gas in the country is 156 mmscmd. According to agreement, RIL was supposed to produce 80mmscmd (more than 50% of the total demand) from 2009.”
* “RIL got this contract during NDA regime in the year 2000. The contract was meant to favor RIL right from the beginning. In any business, increase in costs means decrease in profits.”
The IAC press release alleged that performance of RIL so far has been much worse than perhaps the worst performing government department.
1. 4 times cost escalation within 2 years from $ 2.39 billion in 2004 to $ 8.8 billion in 2006.
2. Increase in gas price from $ 2.34 per mmBTU in 2004 to $ 4.2 per mmBTU in 2007 to the present demand of $ 14.2 per mmBTU.
3. Capacity created for producing 80 mmscmd after incurring such a huge cost ends up producing just 27 mmscmd after 12 years.
4. 31 oil wells should have been in production till now. Out of them, just 13 are functional.
Kejriwal and lawyer Prashant Bhushan, a leading member of IAC, alleged the allocation of KG Basin to Reliance is on similar lines as coal block allocation scam. They alleged both Congress and BJP were in ‘Ambani’s pocket’.

 

REAL STORY OF Late DHIRUBHAI AMBANI of Reliance Industries
http://www.scribd.com/doc/3924530/Polyester-PrinceThe-Real-Story-of-Dhirubhai-AmbaniBanned-in-India  

Another Major Scam : Govt. Favours Reliance In KG Basin

The CAG draft report that nails the connivance between Government agencies and Reliance Industries Ltd. leading to huge losses to the Government exchequer is yet another example of the power of corporates in the UPA Government to subvert rules and regulations in their favour.
The CAG has noted that the former Director-General of Hydrocarbons (DGH) permitted Reliance to inflate its “development costs” on the gas extraction in the D6 block of KG basin from 2.47 billion dollars to a whopping 8.84 billion dollars. This money taken by RIL affected the revenues of the Government. Government should prosecute the former DGH without any delay.
The Government’s connivance with RIL has a direct impact on the aam aadmi because increased claims of development cost get reflected in the price of gas given to consumers and also affect the prices of fertilizer and power. Letters have been written to the Prime Minister to institute an independent enquiry into the complaint of artificial jacking up of the capital expenditure by RIL for D6 KG Basin and its hasty approval by the concerned authority to find out the actual cost before gas price is fixed.
In a repeat of the 2-G scam, the Prime Minister’s silence on the issue, has again exposed the UPA Government’s acquiescence to corporate manipulation.
Related posts:
1. The Great Billion Dollar Drug Scam
2. Supreme Snub : Court SIT A Major Embarrassment For Govt
3. Now A Petroleum Scam?
4. The -Reliance KG Gas Scam Prabir Purkayastha, Newsclick
5. Way to Rural Self Reliance: National Rural Livelihoods Mission (NRLM)
6. Demand For JPC On Spectrum Scam :Go Beyond Rhetoric
7. THE ADARSH SOCIETY SCAM A Shocking Exposure of Congress govt Venality – Ashok Dhawale
8. SUPREME COURT VERDICT ON KG BASIN GAS -Dipankar Mukherjee
9. AMBANIS ROW : GOVT HAS LAST WORD ON KG BASIN GAS PRICE : SC
10. POOL PRICING FOR KG BASIN GAS TO HARM ANDHRA PRADESH INTERESTS
11. PRODUCTION OF GAS IN KG BASIN
12. FINDINGS OF ICAI IN SATYAM SCAM CASE

 

 

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ????-improper functioning of democracy in india

 

the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a position to manipulate , enact laws favouring , benefitting the criminals their cronies.


Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn’t even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it’s verdict awarding damages worth Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of crores. Once again the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr. Pramod mahajan.


Various indian & multinational companies are looting indian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing. In india, indirect democracy is the form of governance. In this form, people’s representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it’s peak. The lobbying is a gentleman’s white collared crook’s way of forming favour seeker’s group , creating a corpus to pay lumpsum bribe & influencing decision making. The people’s representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.


Now consider the following example : Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It’s sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it.


The ” strategic dis investment issue ” comes before the parliament for legislation / approval. The ruling party issues a party whip to it’s members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.


On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since  65  years in india.


In democracy, party whip , MP or MLA’s own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent’s of his constituency , people’s wishes aspirations are of primary importance & supreme. What people need is a honest representative, who simply delivers the people’s aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people’s representatives must be true postmans.


Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it’s true form.

 

THREAT TO INDIA’S SECURITY BY CORPORATE CRIMINALS
– An appeal to honourable prime minister of india & honourable chief minister of Karnataka

 


In india , since ages certain section of people – dalits , tribals are being oppressed in the name of caste by forward caste people. The name sake independence has not changed the lives of dalits & tribals. The upper caste people were in control of government & economic sector before independence as well as after independence too. The upper caste people are now MPs , MLAs & are running businesses . they have framed rules , laws to suit their ends. They are getting bank loans , subsidies , tax cuts , etc , by greasing the palms of those in power – their own caste men. The reservation policy is just a vote winning gimmick of forward caste politicians , it is neo divide & rule policy. Only few dalits with money & contacts have benefitted , by the reservation policy of government. Majority of them are still sufferring from utter poverty & social oppression.


Now, due to rapid industrialisation & globalisation a new economic divide has taken place – rich & poor , haves & have nots. Now, economically poor are also being oppressed along with dalits. The forward caste people in government have framed laws to suit their ends , they have provided concessional priority loans , tax cuts , subsidies , etc from the government to corporate sector . The corporate sector has demanded & got monetary benefits , infrastructure facilities from the government . however the same corporates , MNCs are violating statuotary laws & are averse to social welfare measures of the government . they are averse to provide jobs to dalits , tribals & poor , why ? these corporates are bribing the labour , tax department & other government officials . as a result the government is loosing tax revenues to the tune of thousands of crores every year , the government doesn’t have money to provide social welfare measures to common people. The lives of common people are under threat.

 

Now, the number of common people dying due to starvation , lack of health care is more than in a war field. The threat to unity & integrity of india is more from the corporate sector than pakistan or china.
Now, the government of india & other state governments are literally under corporate control. HRW has brought to the notice of government cases of statuotary law violations by various corporate entities ,
till date no action has been taken. Why ? hereby , HRW once again offers it’s conditional services to the government of india & karnataka in apprehending corporate criminals , corrupt tax , labour , pollution control board offricials. Are you ready sir ????

 

 

COVERING-UP CORPORATE FRAUDS IN INDIA
– CORPORATE ACCOUNTABILITY & CORPORATE GOVERNANCE NEED OF THE HOUR


In India , most of the commercial ventures cheat the government of it’s rightful tax dues. As a result the governments doesn’t have enough money to carryout it’s social welfare duties – Providing health care , food , potable water to all. In turn common people are dying due to lack of health care , hunger , mal nutrition , etc. the murderers of these commoners are TAX EVADING CORPORATES , the politicians & officials keep mum by taking bribe.


Nowadays , even the underworld activities of mafia , terrorist outfits , political parties are being financed by the illegal corporate deals. Who says threat to India is from Pakistan only , it is most likely from our own entrepreneur. Till date the GOI has not put any corporate bigwigs behind bars for their crimes. The corporate lobby always clamours for flexible labour laws , credit policies as in U.S.A , but are mum about SOCIAL SECURITY NET , ENVIRONMENT POLICY & CORPORATE GOVERNANCE as in the same U.S.A. Why ?


Recently , it has been published that , in India out of vast sales of counterfeit MOVIE CDs & software CDs , underworld is funding narcotics trade , terrorist movements. It is high time the small investors , public became aware about the activities of their neighbouring businessmen / Entrepreneurs.

 

List of Reliance Scams 

 

Reliance Industries Limited (RIL) is an Indian conglomerate holding company headquartered in MumbaiMaharashtra, India. The company operates in five major segments: exploration and production, refining and marketing, petrochemicals, retail and telecommunications.[1][2]

Seminar magazine (2003) detailed Reliance founder Dhirubhai Ambani’s proximity to politicians, his enmity with Bombay Dyeing’s Nusli Wadia, the exposes by the Indian Express and Arun Shourie about illegal imports by the company and overseas share transactions by shell companies, and the botched attempt to acquire Larsen & Toubro.[3]

As early as 1996, Outlook magazine addressed other controversies related to fake and switched shares; insider trading; and a nexus with the state-owned Unit Trust of India. Five main allegations concerning Reliance, and which have plunged the Indian capital markets into a period of uncertainty unsurpassed since the days of the securities scam were (1) Reliance issued fake shares (2) It switched shares sent for transfer by buyers to make illegal profits (3) It has indulged in insider trading in shares (4) It established a nexus with the Unit Trust of India to raise huge sums of money to the detriment of UTI subscribers (5) It attempted to monopolise the private telecom services market through front companies.[4]

 

Insider Trading[edit]

Stock market regulator Securities and Exchange Board of India (Sebi) issued a show-cause notice to Reliance Industries Ltd following a probe into alleged insider trading in Reliance Petroleum Ltd (RPL) shares in November 2007. Sebi probed transactions by entities that participated in and led to some three months of speculative rally after which the RPL stock surged to an all-time intraday high of Rs295 on 1 November 2007. In a separate and independent investigation related to the same issue, the income-tax (I-T) department looked at possible tax evasion by a dozen entities that Mukesh Ambani-owned RIL acknowledged to be its “agents”.[5]

In Jan 2011, Sebi barred Anil Ambani and four other officials of Reliance Group—until recently known as the Reliance-Anil Dhirubhai Ambani Group (R-Adag)—companies from investing in listed shares until December 2011. Two group firms, Reliance Infrastructure Ltd (R-Infra) and Reliance Natural Resources Ltd (RNRL) were barred from making such investment until December 2012. According to Sebi’s investigations, R-Infra and RNRL were prima facie responsible for misrepresenting the nature of investments in yield management certificates/deposits, and the profits and losses in their annual reports for the fiscal years 2007, 2008 and 2009. It also found misuse of FII regulations. The then minister of state for finance Namo Narain Meena, on 1 December 2009, in a written response to a query raised in the Upper House of Parliament, said that three firms of R-Adag—R-Infra, RNRL and RCom—had violated overseas debt norms. These end-use violations were observed by the Reserve Bank of India (RBI) regarding two ECB transactions—of $360 million and $150 million—by R-Infra.[6]

In another case, Sebi, settled a dispute with Reliance Securities Ltd (RSL) with a consent order on June 2011, under which the brokerage will spend Rs1 crore within six months on investor education and not add any new clients for 45 days starting 15 June. In the settlement, it was also added that the brokerage will also pay Rs25 lakh towards settlement charges. This order followed a Sebi investigation into RSL’s books and accounts for fiscal 2007 and fiscal 2008, which said that it had allegedly violated various clauses of Sebi stock brokers and sub-brokers regulations. The Sebi inquiry cited 20 irregularities, including the brokerage not informing clients about various charges at the time of opening accounts. RSL sought power of attorney in the name of Reliance Commodities Ltd from clients and used this to debit clients’ bank accounts, purchase and sell post office deposits and government of India bonds among other transactions. Brokerage, not fully equipped to handle its customer base at the time, used the name Reliance Money at all its offices and on employee visiting cards, instead of Reliance Securities, which was the registered trading member, leading to confusion. Brokerage was found to have received funds from other client bank accounts other than the ones available to it, thus failing to have a sound third-party check on the receipt of payments. RSL had failed to update client details despite the stock exchanges pointing this out in their inspection reports. The Sebi inquiry also said RSL collected higher securities transaction tax from its clients in 2006-2008, allotted more than one terminal in the same segment for a single user, and also collected cheques in the name of Reliance Money. Brokerage also did not maintain clear segregation between broking and other activities of group companies. Further, there were frequent disruptions in the brokerage’s trading platform, which showed connectivity problems at the applicant’s end.[7]

2G spectrum[edit]

Reliance Telecom was charged with criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy under section 120-B, cheating under section 420 and forgery under sections 468 and 471. Reliance Telecom was booked under the Prevention of Corruption Act, 1988.[8] Resulting in to arrest of Reliance Group’s corporate executives Gautam Doshi, Surendra Pipara and Hari Nayar.[9]

NICL[edit]

The Central Bureau of Investigation (CBI) filed a chargesheet in a Mumbai court against Reliance Industries Limited (RIL) and four retired employees of National Insurance Company Limited (NICL), including a former CMD, under provisions of the Prevention of Corruption Act for criminal conspiracy and other charges. Acting on a reference from CVC in March, 2005, the CBI started probing the conspiracy that led to the filing of the chargesheet on December 9, 2011. The 2005 complaint had alleged irregularities in issuance of insurance policies — for coverage of default payments — by NICL to RIL. Chargesheet also mentioned criminal offences with dishonest intention and causing wrongful loss totaling Rs 147.41 crore to NICL and wrongful gain to the private telecom provider.[10]

Two retired senior officials of National Insurance Company Limited and 11 others were awarded varying jail terms by a Delhi court in Jan 2014.[11]

RIL Plane grounded[edit]

A business jet owned by Reliance Industries (RIL) was grounded by The Directorate General of Civil Aviation (DGCA) on 22 March 2014 during a surprise inspection, for carrying expired safety equipment on board; its pilot was also suspended for flying without a licence.[12]

ONGC Controversy[edit]

In May 2014, ONGC moved to Delhi High Court accusing RIL of pilferage of 18 billion cubic metres from its gas-producing block in the Krishna Godavari basin.[13] Subsequently, the two companies agreed to form an independent expert panel to probe any pilferage.[14]

Krishna Godavari (KG) Basin gas[edit]

The Reliance Industries Limited (RIL) was supposed to relinquish 25% of the total area outside the discoveries in 2004 and 2005, as per the Production Sharing Contract (PSC). However, the entire block was declared as a discovery area and RIL was allowed to retain it. In 2011, the Comptroller and Auditor General of India (CAG) criticized the Oil Ministry for this decision. The CAG also faulted RIL for limiting the competition in contracts, stating that RIL awarded a $1.1 billion contract to Aker on a single-bid basis.[15][16]

Petition against Reliance Jio[edit]

A PIL filed in the Supreme Court by an NGO Centre for Public Interest Litigation, through Prashant Bhushan, challenged the grant of pan-India licence to RJIL by the Government of India. The PIL alleged that RJIL was allowed to provide voice telephony along with its 4G data service, by paying an additional fees of just INR16580 million (US$280 million) which was arbitrary and unreasonable, and contributed to a loss of INR228420 million (US$3.8 billion) to the exchequer.[17][18]

The CAG in its draft report alleged rigging of the auction mechanism, whereby an unknown ISP, Infotel Broadband Services Pvt Ltd, acquired the spectrum by bidding 5000 times its net worth, after which the company was sold to Reliance Industries.[19]

 

 

 


State Bank of India rewards whistleblowers with dismissal, defamation suit

CHENNAI: Defamation complaints and dismissal from service – these were the gifts management of the State Bank of India showered on four of its employees who acted as whistle-blowers and exposed a series of ‘currency bundle missing’ cases involving several lakhs of rupees from various branches of the bank.

Halting the witch-hunt by top brass of the biggest bank in India and coming to the rescue of the employees one of whom was even dismissed from service, Madras high court said: “It is unfortunate that a public sector bank like the SBI should file a (defamation) suit not only claiming damages for loss of reputation, but also seeking for a prior restraint on the trade union in publishing hand bills, posters and putting up placards.”

A division bench of Justice V Ramasubramanian and Justice K Ravichandrabaabu said, “Image of the bank cannot be confused with officers at lower level committing fraud, misconduct and embezzlement. Certainly when a trade union finds that action is not being taken, they can take the issue to the public and the grievance projected in no way amounts to defaming the bank. An employee working in a public sector bank also owes a public duty when public funds were frittered away or misappropriated.” 

In May 2006, a sum of Rs 30 lakh – six bundles of Rs 500 denomination – went missing from currency notes stored in the strong room of Avinashi branch of Coimbatore module in SBI’s Chennai circle. Holding that chief general manager Pradip Chaudhary cannot be spared for the loss caused to the bank, three persons – M V Thangaswamy, president, S Gunasekar, general secretary and G Arasukumar, treasurer of SBI Ambedkar Trade Union – wrote complaints to the RBI and pasted posters seeking action.

In this regard, they pointed out that cash bundles worth Rs 5 lakh had gone missing from Salem branch, Rs 6 lakh went missing from Rasipuram branch, Rs 5.5. lakh from Aminjikarai branch, Rs 5 lakh from Kulithalai branch, Rs 6 lakh from Avinasi branch, Rs 1 lakh from Avinasi branch and the latest case of Rs 30 lakh going missing from the same Avinasi branch.

The bank hit back by issuing show-cause notices, memos, defamation suits and then dismissal of one officer from service, on the ground that they pasted posters without properly verifying the truth and with a view to defame the bank and cause damage to their business and reputation.

Setting aside the dismissal and other proceedings, the judges said, “It is seen from the contents of the posters that it was only an appeal to the bank for taking action. Specific instances were pointed out to the chief general manager to take appropriate action. Instead of taking action on the grievances projected by the trade union, the bank had filed the suit.”

Exposing inaction of the bank in the light of a series of cash shortages can only be in public interest and making such statements cannot be detrimental to the interest of the bank, the bench said. The bank itself expects its officers to take all possible steps to ensure and protect the interests of the bank. Publishing or exposing the cash shortages in the bank and the inaction of the top officers cannot amount to willful damage to the property of the bank. It cannot even be said to be prejudicial to the interest of the bank, they concluded.

“Merely because it has exposed some irregularities, the poster will not affect the commercial interest of the bank,” they said, adding that on the other hand, only by such exposures, correctional measures could be taken and the bank could assure the general public that all is well with them.

In this regard, the bench pointed out that it is usual practice for trade unions and public sector banks to publish the list of defaulters and the non-performing assets of the bank in order to bring it to the notice of the general public and the government, so that corrective actions can be taken.

 

SOILED NOTE FRAUD CASE @ RBI BANGALORE
–       Trauma of an old man

 

Complete case details also available at http://members.lycos.co.uk/ganapathihariram/

As per allegations of RBI management Bangalore in 1977-79 , criminal
nexus of RBI employees stole Rs. 220000 from RBI Bangalore. All the
banks , government treasuries in Karnataka , submit defaced / soiled
currency notes to RBI Bangalore in exchange for good notes. RBI after
collecting such defaced currency notes , sorts out fairly good notes
which can be reissued & burns off the remaining totally defaced
currency notes. All these process is done in a systematic manner.

As per allegations of the management , the crime took place in the
period of 1977-79 at RBI Bangalore. A nexus of employees, took away
the currency bundles meant for destruction & substituted it in the
place of bundles of reissuables.

Charge sheet issued by RBI Bangalore office to mr.G.Hariram
Staff no.3698/156/84-85 dt 1 april 1985
Amended charge sheet staff no 3798/156-84/85 dt 8 april 1985

CBI has charge sheeted 17 employees in connection with this case ,
case olde no. cc34/1989       new no.  sc 436/1991            . the
honourable 21 city additional city civil & sessions court Bangalore in
it’s order dated 24.01.1992
discharged        03  charge sheeted employees , as the prosecution
failed to prove the charges against them. They came out clean , as
they were innocents saddled with the crime done by others. One of the
charge sheeted employee who turned approver for the prosecution, has
given detailed account of the crime. Nowhere he has mentioned the
involvement of accussed no.15 mr.G.Hariram in the crime.

Even after coming out clean, mr.G.Hariram was not reinstated into
service by RBI. They gave the ruse of domestic enquiry & showed
contempt to the court order. On appeal, the honourable high court of
Karnataka ordered RBI to review it’s order with respect to
mr.G.Hariram , still RBI failed to reinstate mr.G.Hariram into service
, once gain showing contempt to the court of law.

In India as per law , the decisions of court of law are binding on all
, orders of court over rides the organisation’s internal rules ,
service rules , etc. inspite of lack of evidences, in a whimsical
manner the higher authorities of RBI , fixed some innocents as the
scape goats heaped all charges against them ( against whom they had
personal grudge , dislikes ). RBI  repeatedly showed contempt to the
court orders , dismissed the scape goat – ailing old man mr.G.Hariram
from service. RBI snatched away his PF money towards the alleged loss
to the bank , didn’t pay his gratuity amount , salary arrears and
finally he was even deprived of the pension. As a result , the old man
has even lost his social prestige, dignity , his family suffered a lot
& he is a mental wreck today.

Why RBI authoroties are hell bent upon to send away the innocents /
scape goats away from service ? why CBI didn’t conduct polygraph tests
of all the accussed , specifically higher officers of RBI , managers
of RBI office Bangalore ? probably the scape goats were aware of the
crimes master minded by higher ups & didn’t co-operate with the higher
ups in their crimes. So, the criminals were afraid that the scape
goats will blurt out truth to the world , fixed non co-operating
innocents themselves as criminals.

Who will give justice to innocents like old man mr.G.Hariram & who
will bell the corrupt , criminals , fat cats of RBI ?                           

 

 RBI Governor Hiding Information & Hiding Crimes

 

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

 

 

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

 

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

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

 

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.

 

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. WITH RESPECT TO CASE NO  old CC34 / 1989 & NEW NO SC436/1991   AT 21

ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

CHARGE SHEETED OFFICER MR.G.HARIRAM RBI BANGALORE

CHARGE SHEET NO staff no.3698/156/84-85 dt 01.01.1985

Amended charge sheet  staff no.3798/156-84/85 dt 08.04.1985

 

1. Why didn’t you notice the alleged crimes of 1977 , 78 & 79 till the

mid of  1979 ?

2. This crime came to light only due to anonymous phone calls of good

Samaritans to authorities , but not due to your inspection . is your

inspection division working properly ?

3. why there is no security check up of officers during entry & exit

out of premises ?

4. why there is no individual weighment , individual statement of

value of bags of reissuable notes & bags of note meant for destruction

, after sorting is done, why they are not tallied with total weight ,

value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer all

the employees of those sections ?

6. why did not you take steps to preserve3 & protect respective

documents relating to such high profile crime ?

7. why didn’t you immediately issue charge sheet to all the accussed &

waited till 1983 ?

8. Why RBI has left out , so many officers ( who worked in the same

sections for more period than accused officers ) from domestic

enquiry ?

9. why CBI also failed to put those people in the charge sheet before

the court ?

10. is it because they were in favorable terms with the vested

interests ?

11. did the CBI dance to the tune of vested interests in RBI while

preparing charge sheet & during investigation , instead  of

independent investigation ?

12. those left out probables from the charge sheet might have caused

the destruction of evidences / records. During the course of domestic

enquiry / court proceedings , it has been recorded that some records

have been destroyed. Are not CBI & RBI responsible for destruction of

evidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulations

for preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have taken

utmost care to preserve such old records for indefinite time , for

producing before courts of law as & when demanded. But it  didn’t ,

why ?

15. does not this point to connivance of higher authorities of RBI ,

with the criminals ?

16. RBI authorities have conducted domestic mass enquiries , instead

of individual enquiries , is it not detrimental to the rights of

defense ?

17. RBI authorities have stated  that court proceedings & domestic

enquiry are independent of each other & are not binding on one

another. However  RBI authorities straight away took on record of

domestic enquiry the court statements , evidences , but didn’t honour

the order of same court of law ? why this double standard by RBI ?

18. The alleged crime  was committed in 1977-79, but charge sheet was

framed in mid 1985 , why this long delay ?

19. didn’t this facilitate the masterminds of crime to destroy ,

manipulate evidences ?

20. as stated before court , indeed some records , 22nd currency note

packet were missing , who is responsible for it ?

21. has the CBI conducted enquiry , polygraph test of RBI higher

officers – S.N.RAZDAN , W.S.SARAF , J.P.AWASTHI , J.MITRA & others ,

if not why ?

22. is it not due to inefficiency , negligence of duty by such high

ranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient ,

negligent higher officials ?

24. whatever internal rules an organization makes must be within the

line of law. If such internal laws of the organization are violative

of law , fundamental rights of employees , such internal rules become

illegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deduct

any loss caused to the bank , from the pension of RBI employee if the

misconduct of employee is proved in judicial proceedings . even though

mr.G.Hariram came out clean from the court , why  RBI has denied his

pension ?

26. judicial courts of law are appellate authorities over & above ,

domestic enquiry committees & judicial orders supersedes the domestic

enquiry proceedings. Still RBI showed contempt of court & didn’t

reinstate mr..G.Hariram into service , why ?

27. even if an employee’s misconduct causing loss to the bank is

proved , before denying him pension (towards making up loss to the

bank) , previous sanction of the central board of RBI must be taken.

But in mr.G.Hariram’s case , pension was denied in full without taking

previous sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000

to the bank & recovered it from his provident fund dues. There was

nothing left over to recover , still RBI  completely denied pension to

mr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions should

be completed first , then the employee can appeal to appropriate court

of law. In mr.G.Hariram’s case , CBI & RBI failed to prove the charges

in court of law , as a result court discharged him from the charges.

To cover-up it’s failures RBI management dragged domestic enquiry much

beyond court orders date & gave findings indicting mr..G.Hariram. does

the enquiry officer of domestic enquiry think that he is over & above

the court of law ? is it not illegal & contempt of court ?

30. ideally , RBI authorities should have appealed to higher court

against lower court order discharging mr.G.Hariram from charges. But

it was not done , why ?

31. did the RBI pay interim relief to mr.G.Hariram , during suspension

period ?

32. the undue delay in filing charge sheet , consequent destruction of

key evidences , dishonour / contempt of court orders , undue haste in

giving findings , dismissal , denial of of pension without central

board’s sanction , all point towards criminals within RBI higher

management. What disciplinary action has been taken against

J.P.AWASTHI, S.N.RAZDAN,J.MITRA, W.SARAF & others ? if not why ?

33. why charge sheet was amended? Is it legal ?

34. did the charge sheet was amended to falsely implicate

mr..G.Hariram , by including cancelled note vault in the charge

sheet ?

35. does not this itself show that it is not statement of actual

happenings / facts , but a cunning ploy to mislead investigation

towards fixed innocents from actual criminals ?

36. is it true that that only 5% of sample inspection is done out of

bundled verified defective note packets ?

37. is not the conduct of joint / mass enquiries of all charge sheeted

officers illegal ?

38. how come such an important evidence 22nd note packet went

missing ?

39. is it because it may point towards real criminals ?

40. as per the statement of management witness / inspection head /

expert mr.vijendra rao , the notes of earlier dates have been removed

from packets made into new bundles , right ?

41. as per his statement , entire certificates , seals of some asst

treasurers are there , who didn’t work at all on that day is not it ?

42. does not it show that some body else was misusing the seals ,

putting some innocents seals over the notes ?

43. does it not show that , crime has taken place at verification

section ?

44. does it not show involvement of some asst treasurers ?

45. why asst treasurers have not been charge sheeted ?

46. why inspection of RBI Bangalore office was not done between 1975 &

1979 ?

47. is it not true that you failed to produce all records showing

internal inspection / audits , during domestic enquiry & court

proceedings ?

48. your expert mr.vijendra rao has stated that some seal marks are

smudged , he has stated some seal marks appears to be so & so. He has

clearly nowhere stated that this seal mark is exactly this , so he

himself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this ,

on that day this seal was issued to mr.G.Hariram , isn’t it ?

50. your expert says during 1975 , he didn’t notice3 any fraud.

However approver says fraud was there before mid 1977 also. Why no

action has been taken ?

51. why you didn’t produce all records of all persons , who have

specifically worked in alleged sections , the registers of those

departments with daily activity report containing seal nos , packet

nos , bag nos , etc ?

52. are not their chances of some criminals putting the seal marks of

innocent officers over the notes , bundles , bags , etc ?

53. your expert is not 100% sure of seal mark , your records are not

there to prove the presence of charge sheeted officers in the alleged

sections , neither your expert nor your records are 100% sure on what

date , at what stage , by whom crime was committed , isn’t it ?

54. is not the charge sheet amounting to higher ups picking up

officers they dislike & falsely implicating them ?

55. is it not cunning ploy of higher ups to divert attention from

original criminals ?

56. why no action was taken against currency officer of 1977-79

mr.J.Mitra ? why his pension , super annuation benefits were not

withheld ?

57. what is your justification , supporting evidence , records for

picking up only three officers including mr.G.Hariram for legal

prosecution and leaving the majority of probables ?

58. why you have dropped charges against five asst treasurers ? why

you didn’t even conduct domestic enquiry against them , let alone

legal prosecution ?

59. Is it RBI’s & CBI’s way of fair play & justice ?

60. as inly 5% sampling of verified note bundles are done , there are

more possibilities of rebundled packets getting unnoticed in relaxed

95% lot , isn’t it ?

61. you have left out so many officers who worked in those sections,

some of whom even became management witnesses , instead of being

charge sheeted by the management, is it fair play & legal ?

62. who are the bank employees , from whom you have recovered the alleged bank loss of Rs.220000 ?

63. were all of them charge sheeted , enquired , legally prosecuted ,

dismissed & their pension , gratuity withheld ?

64. you don’t have any internal statuotary records to prove that

mr.G.Hariram worked in those departments , except a currency officer’s

office note dated just on the eve of charge sheet years after the

alleged crime ? does it not prove that this note has been concocted

just to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in those

departments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out of 40 officers , why you have picked up only mr.G.Hariram , out of 1095 working days , he has worked for only 223 days in those

sections , still those officers who worked for more days in those

sections are not charge sheeted why ? the approver , the management

expert witness , shift registers , V2 registers , Destruction

certificates , Form CD 55 , etc , nobody , no records were able to say

on what date , at what stage , by whom crime took place , also they

were unable to say on what date at what stage crime was committed by

mr.G.Hariram ? is it not futile imagination , cunning ploy of RBI

higher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place of

crime is punching / Cancelled Note Vault , incinerator , where asst

treasurers were joint custodians . they were not enquired & let off

why ?

68.        the charge sheet alleges extraction / substitution of

defaced note packets. Where as the management expert witness say

substitution of defaced notes only ? is not there difference between

loss of one number of note & 100 number of notes ?

69.         as per the normal course of duty , staff officers does not

count notes in each bundles , but they just count the number of

bundles only. Is not there chances of inserted note bundles or bundles

containing less number of notes going unnoticed ? is it not the

failure of statuotary system of work practices ?

70.         does not all these prove higher authorities of RBI & CBI

were hell bent to fix mr.G.Hariram & to shield the original

criminals ?

Questions with respect to other cases :

71.         how do you monitor the work of bank officials nominated as

directors of companies which have availed bank loans ?

72.         how do you monitor the work of companies , in which banks

have invested ?

73.         how do you monitor the rapid wealth growth of certain bank

officials , who work in shares investment / equity funds section ,

etc ?

74.         inspite of project reports by bank officials , over

assessment of collateral securites / value of debtor companies by bank

officials , the loans become NPAs  & full value  cann’t be realized in

the market by selling off the assets of debtor companies also. In such

cases , what action is taken against erring bank officials who collude

with criminal industrialists for availing higher amount of loan than

permissible ?

75.         give bankwise  specific figures of NPAs.

76.         give names of industrial groups / promoters whose

companies have become NPAs , so that public can be aware of them  ,

before investing in new companies promoted by them.

77.         is not collection of loan from debtors of bank through

rowdies / recovery agents , illegal ?

78.         why not criminal complaints filed against bank mangers for

aiding , abetting rowdism , murdering people ?

79.         if your method of employing rowdies to collect loans of Rs.

10000 from commoners is right , what would you do to a promoter of a

debtor company to recover loans of crores of rupees , supari killing ?

but debtors of crores of rupees is let off coolly by banks , why ?

80.         what is the exact amount of loss caused to the exchequer

by karim lala telgi who printed fake stamp papers ?

81.         what action has been taken against those involved ?

82.         have you taken action against all those mentioned by telgi

during narco analysis test , if not why ? is it because they are

powerful & bigwigs ?

83.         how you are controlling the illegal finance activities ,

money lending by individuals , pawn brokers & chit fund companies ?

84.         how you are monitoring the receipt of public donations ,

foreign donations by many NGOs ?

85.         how many erring NGOs , chit fund companies , pawn

brokers , individuals you have booked for illegal finance activities ?

Questions relating to RBI CURRENCY NOTE PRESS MYSORE

86.  who were responsible for selling the good printing machine at

security press nasik to scamster karim lala telgi as scrap ?

87.  who recruited the candidates below merit rankings in R.B.I for

what criminal roles ?

88. how many irregularities have taken place in R.B.I till date ?

89. who is responsible for installing, operating & supervising the

security set-up in R.B.I ?

90.  how the raw materials ie number of paper sheets, ink, etc are

accounted for in inward stores & while issuing for printing ?

91.  how wastages, scrap of ink , papers , etc in the printing process

are accounted for?

92.  How the finished goods ie currency notes are accounted for ?

93.  Who keeps physical figures & possession of goods, inventory of

all the above?

94.  How the scrap paper is disposed off ?

95. From security angle who keeps track from start till dispatch ?

96.        Give me the merit ranking list of all candidates for the

post of stores assistant in BRBNMPL in the year 1995-96 ?

97.        give me the merit ranking list of all candidates for the

post of process assistant at BRBNMPL in the year 1996 ?

98.        give me the merit ranking list of all candidates for the

post of process assistants & maintenance assistants at BRBNMPL in the

year 1996-1998 ?

99.        is not RBI & BRBNMPL authorities created by statuotary

laws , fully funded by public money ie from government exchequer ?

100.   still why BRBNMPL & RBI refused to answer my previous

information request as per RTI Act ? are you afraid that skeletons

will come out of cubboard ?

101.   what action initiated against the SBI  branch Bangalore  & SBI

Overseas branch for loss of cheque / draft amounting to crores of

rupees ? if not why ?

102.   give me specific figures bank wise with respect to loss caused

to the bank by loss of cheques or demand drafts , etc ?

103. how RBI is containing crimes of loss of cheques / DDs  causing huge losses to the banks to the tune of crores of rupees ?

104. what action taken against the RBI officials who are covering up crimes inspite of my repeated appeals & RTI requests ?

 

 

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

 

 PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE INFORMATION :

CPIO ,  C/o PCGM and Secretary , Secretary’s Department , Reserve Bank of India , 16 th floor, Central Office Building , Shahid Bhagat Singh Marg , Mumbai – 400 001

 

FEES PAID : IPO  16G  733466  for rupees TWENTY only

 

 

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

 

 

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

 

 

 

 

FINANCE SCAMS IN INDIA & 5-STAR LEADERS WITH BEGGING BOWL

In ” mysooru mithra” a kannada daily dated 15/06/2005, the editor has
written about a copy of the complaint made by Transparency
International India-Bangalore to central vigilance commission of
india.

In indian banks , there is a strange practice that whenever a cheque
is put before the clearing house by a bank, the clearing house sends
that cheque to the service branch of bank paying. The service branch
then sends that cheque to the appropriate bank branch
for deduction of cash from the cheque account. In this travel , if the
cheque is lost or misplaced midway, the service branch pays out of
it’s suspense account to the cash collecting bank. Logically,
afterwards the service branch must initiate a thorough inquiry, get
authentication from both persons one who gave cheque & other who
collected cheque. Finally, the money must be transferred from the
account of cheque giver to the suspense account.

However , upto 1997 two branches of state bank of india in bangalore &
overseas branch sufferred from frequent loss of cheques totally
amounting to RUPEES THREE THOUSAND TWO HUNDRED CRORE. In all cases of
cheque loss the bank has paid out of suspense account, totally
amounting to Rs.3200 crore. However the bank has not
initiated any enquiry to recover that amount from the cheque givers.

In the 1997 internal audit report of the bank itself , this has been
clearly pointed out. Till date, even the central vigilance commission
has not initiated any action about it. A member of central vigilance
commission happens to be ex-chairman of state bank of india.

It is just an instance of two branches of SBI, what about hundreds of
branches of SBI, what about thousands of branches of other public
sector,private sector & co-operative banks. It is fraud,fraud,fraud
all the way. Few months back to cover-up the crimes
of global trust bank ( GTB) , it was taken over by oriental bank of
commerce ( OBC).
While sanctioning a loan of just Rs.10000 to a common man , he has to
comply with lengthy legalities. If he defaults, bankers breath down
his neck, bankers send rowdies in the form of recovery agents to
humiliate the common man & his properties are
auctioned-off, finally all dues to the last penny are recovered. In
most of the cases bankers even force the defaulters to commit suicide.
However influential persons easily gets loans amounting to hundreds of
crores of rupees, coolly defaults, siphons-off the funds & shuts his
shop. No recovery at all , just it becomes a non- performing asset
(NPA) in the bank ledger. The total NPAs of all public sector banks is
more than Rs.80000 crore. This burden is spead over the crores of
hapless indians.

The government takes pride in murdering forest brigand veerappan. The
ill-gotten wealth of veerappan is not even pea nuts before this huge
amount. Remember past finance scams – MS SHOES, HAWALA, HARSHAD MEHTA
SHARE SCAM, KETAN PAREKH SHARE SCAM, UTI, etc. totally in all these
scams billions of dollars of public money have gone to the coffers of
criminals. These scamsters put veerappan to shame in their turnover.
However the government is not even exhibiting a fraction of it’s
ELIMINATE VEERAPPAN DRIVE against these scamsters, why?

In india, both central & state government tax/ revenue officials are
neck deep in corruption. By, taking bribe they make lower assessment
of income, gains, etc & spare businessmen from the tax payment. The
government in return for favours received from
lobbies, gives tax exemptions to them at it’s sweet will. All these
scams & it’s cover-ups are insider jobs. The government is not
interested to collect, recover it’s own monies
amounting to billions of billions of dollars every year. However our 5-
star leaders living at the expense of tax-payers, go-on foreign jaunts
with a begging bowl for a few lakhs of dollars. What a shame?

More than 50 billion indians are barely surviving on a single meal per
day & hundreds are dying due to starvation, billions don’t even have
basic necessities of life. If the government even just collects a
fraction of it’s dues from scamsters, defaulting industrialists –
people won’t die of hunger in india. Has this enlightened our thick
skinned netas ?

 

 

 Editorial : Crimes  @  Reserve  Bank  of  India
–       An appeal to SUPREME COURT OF INDIA & central information commission

Ref  no. RTI APPEAL via web DPG/B/2008/80341

RBI is a public authority , set up by an act of parliament. Numerous
irregularities , illegalities , crimes have taken place at RBI , still
it is fully covered up by those in influential positions.

 

Just refer  “Oil for Food Money in Iraq scam ”  and “ Vostro Account Scam of 1990s”. Influential people are involved , everything happened under the noose of RBI , With the connivance of RBI officials ?

 

We requested the CPIO of RBI HQ for information as per RTI Act  ( our
letter dt 20th September 2008 ) about various issues concerning the
activities of that institution in whole. However the CPIO OF RBI HQ
through his letter no.DAPM.CO.RIA.4001/07.50.01/2008-09 dt October
03rd 2008 declined to give information citing certain ruses. ( RBI Ref
no. RIA 798/2008-09 )

He has stated that some information pertains to security press ,
nashik & note press at mysore. True , both those institutions are
fully owned subsidiaries of RBI , hence RBI is in a position to
answer. Still , RBI can transfer a copy of our RTI Application  to
those authorities as per provisions of Sec 6(3) of RTI ACT 2005. CPIO
didn’t do that.

One more ruse of CPIO of RBI is that , I am seeking his views /
opinions on issues concerning RBI activities. He is wrong , I am
seeking to know the official / legal stand of   RBI regarding it’s
activities for example , appointment of rowdies as loan recovery
agents by banks , etc. CPIO has failed to state the official stand
regarding various activities of RBI.

One more ruse given by CPIO of RBI is that I have raised many issues ,
to be specific 103 questions on various topics concerning RBI , giving
information on all those diverts the resources of authorities , hence
information request is denied. TRUE , information sought is many , so
do the crimes @ RBI which are also many. When compared to magnitude of
crimes @ RBI which is 3-4 times the entire budget outlays of Indian
government  to the tune of crores of rupees  , the resources spent to
ascertain information as per our RTI Application is just few hundreds
of rupees. When compared to the money spent by RBI officials by way of
TA / DA during their travel , etc, our information request resource
needs are peanuts.

To sum up , CPIO of RBI is hell bent to protect the criminals @ RBI
lest the truth comes into open. Hereby , we request the honourable
Supreme Court of India & central information commission  to order the RBI to give us truthful
information in whole , so that justice is given to those victimized &
fat criminals are sent to gallows. JAI HIND. VANDE MATARAM.

Read the article “Crimes @ RESERVE BANK OF INDIA”  @ http://theftinrbi.blogspot.com/
http://theftinrbi.rediffblogs.com/  , http://theftinrbi.wordpress.com/

Your’s sincerely,
Nagaraj.M.R.

 

 

The hawala trail

PRAVEEN SWAMI

 

BRITISH officials are investigating the activities of one of the most prominent overseas backers of secessionist groups in Jammu and Kashmir. Last month, the United Kingdom’s Charities Commission and the Metropolitan Police began looking into allegations that Ayub Thokar, the head of the World Kashmir Freedom Movement, had funnelled funds raised for charity to the terrorist groups.

Investigations into Thokar’s role in funding terror began after Indian officials handed over evidence in the case to their British counterparts in June. The two Indian officials from the Ministry of Home Affairs and a senior Jammu and Kashmir Police officer made available details of funds funnelled from Thokar’s charity, Mercy International, through Standard Chartered Grindlays Bank (since then renamed Standard Chartered Bank) and the Development Credit Bank. The investigators also provided transcripts of telephone intercepts and cases filed against the recipients of the funds in India.

On May 25, a long-running Intelligence Bureau operation led to the arrest of Srinagar-based journalist Imtiaz Bazaz. Officials claim that he was a key conduit for transferring funds to Hizbul Mujahideen field commanders in Jammu and Kashmir. On April 22 Bazaz had received a foreign currency remittance of Rs.4,84,875 into his account with Standard Chartered in New Delhi, and on May 15 a second remittance of Rs.14,98,000 into the Development Credit Bank. Although intelligence officials monitored the first transaction, they did not intervene, in the interest of building up evidence. The second transaction was frozen.

The funds trail led straight to Thokar. It transpired that in early 2001, Hizbul Mujahideen chief Mohammad Yusuf Shah had sent Rs.48 lakh to Jamaat-e-Islami leader Syed Salahuddin through Thokar. Subsequently, after the arrest of Jamait-ul-Mujahideen finance commander Qasim Faktu, Thokar began to finance his organisation through the terrorist’s wife, Asiya Indrabi. Most of the funds were routed through Bazaz, who arranged for the transfer of funds received in New Delhi to accounts held with the Jammu & Kashmir Bank in Srinagar. Cash was then paid to the final recipients.

Meanwhile, Income Tax Department investigations against All Parties Hurriyat Conference (APHC) leader Syed Ali Shah Geelani have started to bear fruit (Frontline, July 5, 2002). The secessionist leader claimed an annual agricultural income of Rs.10,000 in his tax returns, and also received the official pension of Rs.85,200 due to two-term MLAs – ironically enough for a man now at the cutting edge of the secessionist anti-election campaign! His expensive house in Hyderpora, however, had several cars parked there and the household was run by a personal staff of 14 people. The monthly kitchen expenses amounted to Rs.25,000. Income Tax Department searches of the Geelani home also yielded Rs.10.25 lakhs and $10,000 in cash. Income-tax officials have now decided to impose penalties of Rs.30 lakhs on Geelani, based on his estimated income over the last six years, the maximum period allowed by law. His businessman son-in-law Altaf Ahmad Shah, who allegedly used his legitimate operations to launder funds, has been slapped with a Rs.40 lakhs penalty. Failure to pay could lead to the auctioning of Geelani’s assets, including the Hyderpora home.

Separate income-tax penalties of Rs.2 crores have been imposed on businessman Abdul Rashid Saraf, who was allegedly involved in handling hawala funds sent to APHC chairman Abdul Gani Bhat. Saraf, income-tax authorities found, had failed to disclose income of Rs.3.37 crores over the last six years.

The vigour that the Income Tax Department has shown in this matter marks a welcome departure from the past. After it was driven out of Srinagar in the later 1980s by mobs that attacked income tax inspectors, the organisation had granted de-facto independence to the State. This time, two planeloads of officials flew into the Avantipora Air Force base and they were escorted to the raids by police officers. Their successes seem to have convinced the Income Tax Department that it is after all possible to play a useful role in Jammu and Kashmir.

In the U.K., both Mercy International and Thokar will now have to answer some hard questions. For one, there is no explanation why the organisation did not send supposed philanthropic donations to the several-dozen charities in Jammu and Kashmir which have clearances under the Foreign Exchange Management Act. Thokar will also have to explain how he paid for the purchase of his London home, and his regular overseas travels, given the fact that he has no ostensible means of income. India has, however, chosen not to seek Thokar’s extradition, since the fact that his wife is a U.K. national makes this outcome unlikely.

For India, British action in this case will be a key test of its loudly-advertised anti-terrorist stance. In March, sources told Frontline, Deputy Prime Minister L.K. Advani had handed over to British Foreign Secretary Jack Straw a dossier on the activities of secessionist groups in the U.K. Titled ‘Misuse of British Soil by Kashmir Expatriates Based in the U.K. for Funding Terrorism in J&K’, the document outlined many of the charges which investigations have now added substance to. Sources say the team that visited the U.K. pointed to Straw’s promises to crack down on terrorism-related money laundering, and were told that criminal prosecutions would take place in the U.K. Earlier, the U.K. successfully prosecuted two Khalistan-linked British nationals involved in backing the Babbar Khalsa International.

If funds transfers to terrorist groups are effectively cut off, it will do not a little to cripple such organisations. The reasons are simple. While it is easy to send cadres across the Line of Control, actually sustaining their activities in Jammu and Kashmir needs an elaborate financial structure. Money is needed to pay for everything from food and shelter to informants, political support and the legal defence of arrested sympathisers. Since it is impossible to lug sacks full of cash across the LoC, illegal funds transfers come into play. For many businessmen in the Kashmir Valley, holding such cash for short terms has been a profitable, risk-free enterprise. Now the penalties imposed should persuade conduits for blood-money transfers that crime does not, in fact, pay.

 

 

Al-Qaeda routing money to India via Europe

 

 

New Delhi, Mar 6: European countries are being used as hot destinations by terror group al-Qaeda to route money to India, according to a report by Peruvian Financial Intelligence Unit (FIU).

The report said the FIU had found at least one case of such suspicious transaction by al-Qaeda every month and shared them with the US investigators.

“The FIU also reports tracking cases similar to that of an OFAC-designated (US Office of Foreign Assets Control) of al-Qaeda element moving money from Europe through Lima and on to India,” the report leaked by Wikileaks, a non-profit media organisation dedicated to bringing important information to the public, quoting FIU head Enrique Saldivar disclosed.

“Asked if this al-Qaeda case was the first of its kind or they had seen similar cases before, Saldivar told NASOff that they see about one case a month,” the cable said.

The FIU receives and analyses STRs, may request additional information relevant to cases or operations related to money laundering or terrorist financing, provides Financial Intelligence Reports (FIR) to the Public Prosecutor’s Office, participates and/or requests joint investigations, and coordinates with foreign FIUs and entities.

“Of the 7,710 suspicious activity reports examined by FIU analysts in 2009, 781 resulted in financial intelligence reports sent to the Public Ministry for further processing and investigation.

“Based on these 781 intelligence reports, the FIU concludes more than 3 billion USD moved illegally through Peru”s financial sector in 2009,” it said.

“83 per cent of this amount, according to the FIU, is related to drug trafficking. The other 17 per cent is reportedly related to fiscal fraud, corruption and illegal gun dealing. Currently, 308 of these intelligence reports are at various stages of investigation and prosecution in the legal system as compared to four cases in 2008,” the cables read.

According to Saldivar, anti-money laundering efforts in Peru are hindered by several factors.

 

StanChart prospectus quiet about cases

 

Mumbai: Standard Chartered Plc, (StanChart) which is set to hit the market with the first ever issue of Indian depository receipts (IDRs) on 25 May, has not disclosed many pending cases against it for alleged violation of foreign exchange remittance norms in the draft red herring prospectus submitted to the capital markets regulator.

The alleged violations—17 transactions of drafts, one telex transfer and two cash transactions—go back to 1991-92, when the Enforcement Directorate (ED) found a series of forex violations made through the bank’s Mumbai branches to the UK.

ED is a government agency that looks into foreign exchange transactions.

The violations were discovered after ED investigated a number of banks, including Standard Chartered, in the aftermath of the Harshad Mehta scam that rocked the stock markets in 1991-92.

The ED complaint was filed in the court of chief metropolitan magistrate in Mumbai by enforcement officer S. Parvez in May 2002.

These complaints, which are still pending, charge the bank and its then chairman Rodney Galpin of “total violation” of the exchange control manual and provisions of then prevailing foreign exchange regulation norms.

Mint has reviewed copies of some of these case files.

The Issue of Capital and Disclosure Requirements (ICDR) norms, laid down by the Securities and Exchange Board of India (Sebi), require any firm floating a public issue to disclose all pending proceedings initiated for economic offences against the issuer or its directors, as well as the present status of such cases.

StanChart said that it has no “material litigation” to disclose. The bank’s spokesman Arijit De said the lender has applied the relevant materiality standard in arriving at the disclosures.

In response to an email questionnaire, he said the bank would comply with the applicable laws, regulations and international practice with regard to material information disclosure and uniformity of disclosures.

“Accordingly, in relation to disclosure on litigation, as provided under the provisions of the Sebi (ICDR) regulations, 2009, as amended, Standard Chartered Plc, as an issuer of IDRs, is required to disclose ‘material litigation’. In considering whether disclosures are necessary in relation to litigation, Standard Chartered Plc has applied the relevant materiality standard. On this basis, no litigation is required to be disclosed,” the email said.

Under Sebi rules, the so-called materiality of a case must be judged on three broad parameters: qualitative nature, litigation or defaults that may not be material at present but might have a material impact later, and litigations that may not be material individually, but may be found material collectively.

A questionnaire to Sebi on whether it has granted any special exemption to StanChart for the IDR remained unanswered.

A senior lawyer at a national law firm said: “All pending litigations that have a bearing on the issue should be disclosed in the prospectus as per ICDR regulations. Moreover, the issue of materiality varies from case to case and is subjective. If I were an underwriter, I would have disclosed the status of the cases and justified if the cases have any material impact on the company’s businesses or not, in the prospectus.” The lawyer did not want to be identified.

Market analysts say there is no definitive yardstick for deciding the importance of a case.

“Materiality is subjective and judgemental,” said Prithvi Haldea, chairman and managing director of Prime Database, a primary market tracker. “The merchant banker, issuer and lawyer can collectively take a call on whether a matter is material or not.”

However, if these matters are decided in court and proven to be material, the issuers, bankers and lawyers can be taken to court for substantial damages, he added.

The amount involved in the 17 transactions listed by ED and facilitated by the bank between February 1991 and September 1992 is Rs4 crore. The bank also allegedly facilitated a telegraphic transfer of Rs1.5 crore. ANZ Grindlays Bank, which was acquired by StanChart in 2000, allegedly helped the same entities transfer around Rs55 crore. Separate cases are pending against both banks in the matter.

According to the case files, Irish rugby player Keith Fairbrother was the key beneficiary of the transfers. He owned a company, Indo International, earlier known as Eastern Suburbs, based in the UK, but with bank accounts in both names in India as well as the UK.

Fairbrother is said to have facilitated a few import-export deals between some Indian firms and their counterparts in the erstwhile Union of Soviet Socialist Republics (USSR). Since India and USSR had bilateral trade pacts, any payment to entities there needed to be routed through the Reserve Bank of India (RBI) with appropriate approvals and sanctions. Fairbrother, the files claim, broke these rules using various foreign banks, including StanChart.

Through his associate Kuldip Singh Sood in India, Fairbrother would collect Indian rupee drafts drawn by an Indian bank on its domestic branch. Allegedly with the connivance of StanChart, he would get them cleared without making any declarations or taking any approvals and credit the amount to a vostro account of StanChart London and Manchester. These banks would, in turn, transfer the amount to a beneficiary of the same name in the UK.

A vostro account is the local currency account held by a local bank for a foreign one. Such accounts are used for inter-bank transfers, and money transfers to non-residents need RBI’s nod. ED has charged that the bank and its then CEO violated these rules.

A senior broker, on condition of anonymity, said that as a matter of principle, the company should publish all pending legislation and leave the question of materiality to investors’ judgement.

“By choosing to ignore pending legislations, they are setting a bad example for the companies coming to list such instruments in future,” he said.

n.subramanian@livemint.com

 

Excise scam money used to fund terror’

 

 

PANAJI: Opposition leader Manohar Parrikar on Thursday said he would write to Prime Minister Manmohan Singh, fearing that money from a multi-crore excise scam linking Goa with Indian border states is being used to fund terrorist activities.

Parrikar has also alleged that the state excise department has been issuing permits to companies furnishing bogus addresses.

·                                 Incidentally, the state government’s reply that the state finance secretary is investigating earlier allegations made by Parrikar on the excise scam has not satisfied the opposition leader, who has demanded that the matter be immediately handed over to the Central Bureau of Investigation (CBI).

·                                  

Raising the matter during question hour, Parrikar said that illicit alcohol consignments worth crores of rupees are being sent to border states in the north and north-east of India.

“Money from this scam is being used to fund terror networks. The excise departments from other states such as Punjab, Rajasthan and the north eastern states are involved,” he said. The opposition leader also reminded the House that he had first made these allegations in the last assembly session.

“I believe the prime minister is an upright person and I will write to him to probe into this,” Parrikar said. Chief minister Digambar Kamat, however, did not commit to a criminal investigation into the scam.

“The finance secretary is currently conducting an inquiry into the matter,” he told the House.

Parrikar retorted: “The finance secretary does not have powers to conduct such an inquiry. We have to verify the signature of the superintendent of excise on the order, which the finance secretary will not be able to do. He cannot go to Punjab and Rajasthan to investigate the matter.”

“The only thing that needs to be investigated is who made the payment for the 1.04 lakh litres of alcohol that was imported in September. Trace the source of payment and you will find out who the culprit is,” Parrikar said.

 

UBS deal died over unexplained money

 

 

Mumbai / Pune: The reluctance of a top Swiss bank to help Indian investigators is slowing the unravelling of an intricate multinational trail of money transfers—across Switzerland, New York, the British Virgin Islands and Pune—between an Indian horse owner and a fugitive Saudi arms dealer, according to officials in the Enforcement Directorate, the government body that investigates economic crimes.

A top official in the Enforcement Directorate (ED) who did not wish to be identified confirmed on Friday that the agency’s officials, in December 2007, had advised the Indian government not to clear a Rs467 crore plan by UBS (United Bank of Switzerland) AG, the world’s biggest wealth management company, to buy the Indian mutual fund business of Standard Chartered Bank because the Swiss bank had not helped track international money transfers of Pune horse owner Hassan Ali Khan.

Investigators from the ED, who recently claim to have found $8 billion in the Swiss bank accounts of Hasan Ali Khan, say they now have evidence of a $300 million transfer to him (via a Chase Manhattan bank account in New York) from billionaire Saudi arms dealer Adnan Khashoggi, whose arms supplies to Tamil terrorists, the LTTE, were revealed during an investigation into the 1991 assassination of Rajiv Gandhi.

alt=”Home turf: Hassan Ali Khan (second from right, in safari suit) with wife Rheema (second from left) and father-in-law Abbas Ali Khan (fourth from right). ” title=”Home turf: Hassan Ali Khan (second from right, in safari suit) with wife Rheema (second from left) and father-in-law Abbas Ali Khan (fourth from right). ” v:shapes=”_x0000_s1026″>Home turf: Hassan Ali Khan (second from right, in safari suit) with wife Rheema (second from left) and father-in-law Abbas Ali Khan (fourth from right).

As the Bombay high court hears an Enforcement Directorate plea not to return passports to Khan and his wife Rheema, theHindustan Timeshas previewed a secret ED report that reveals the agency’s attempts to find the links between Khan and Khashoggi.

As evidence the report quotes a notation, “funds from weapon sales”, made by UBS AG, a top-tier investment banking and securities firm, after it froze an account belonging to Hassan Ali Khan, the Pune horse owner, following the $300 million transfer to him—it isn’t clear when— from Khashoggi.

“I would not like to talk about this,” said UBS India managing director and chairperson Manisha Girotra, referring all questions to the bank’s spokesperson.

“As a truly global entity, our policy on such issues is to comply with the laws and regulations in each host country, while at the same time, complying with the banking laws in Switzerland,” the UBS spokesperson said in an email. The spokesperson declined to comment specifically on the arms sale notation.

The government has told the Bombay high court that the Khans are “virtually absconding” and if they are allowed to leave India, investigations could collapse. Khan’s counsel, Milind Sathe, said his client “regularly appeared before the Directorate”. Asked where Khan was, his main lawyer, Mugdha Jadhav, said: “Can’t tell you, sorry.”

At Pune race course, HT found Hassan Ali Khan’s father-in-law, Abbas Ali Khan, who said his son-in-law was “not well” and in Mumbai. He dismissed all allegations.

Hassan Ali Khan has three Indian passports—issued from Pune, Patna and Mumbai; he also applied for passports from Guwahati and Chandigarh— and he and his wife have applied to Switzerland for citizenship, another ED official who did not wish to be identified said. Passport authorities in those three cities are now trying to find out how three passports were issued to Khan.

Kashoggi now lives a quiet life in the principality of Monaco. There is a British warrant out for his arrest.

Another top official at ED who also did not wish to be identified said Kashoggi’s $300-million transfer was “only the tip of the iceberg” and that the agency was trying to connect the dots in the global trail, which also includes evidence of another $290 million in two “fictitious companies” created by Hassan Ali Khan and a friend in the British Virgin Islands in the Caribbean. All the money transfers are recorded in a laptop seized in January 2007 from Hassan Ali Khan’s house in Pune and while investigators believe this is laundered money, there is no direct evidence. They would also need corroboratory evidence to establish that these transfers have anything to do with terror networks.

“These are all false allegations,” said Sathe. Asked about the $300 million transfer from Khashoggi, he said: “When the Enforcement Directorate questions us, we shall give a reply.”

The ED official, who confirmed the agency’s involvement in spiking UBS’ deal with Standard Chartered, said the Swiss bank had told Indian investigators to get a letter rogatory, a formal request from an Indian court to a Swiss court. This is a complicated process and would have needed to be routed through the ministry of external affairs, and it would have involved finding and presenting clear evidence of Hassan Ali’s links to terror.

It now seems apparent that UBS’ stand in the ongoing investigation led to the collapse of its deal with Standard Chartered Bank.

In a December report, Mint said that the Reserve Bank, India’s banking regulator, would not approve the deal because of possible money laundering through the Swiss bank involving certain transactions of Khan. On Friday, RBI declined to comment. “We are a civil body,” a spokesperson said. “Whenever we find violations, issued to be investigated, we hand over the information to the Enforcement Directorate. We have not issued any comments on the issue of UBS.”

In December, Standard Chartered, the parent of Standard Chartered Bank in India, sent a notice to stock exchanges in London and Hong Kong, where it is listed, saying it would not proceed with the deal, without giving a reason.(Hindustan Times)

 

 

CRIMES OF RBI & CBI & IT’S COVER-UP
– An appeal to honourable supreme court of India

The central bank of India  Reserve Bank Of India , which is supposed
to direct the fiscal policies of government of India , has failed to
do so. It has enabled many looters in the garb of entrepreneurs  , to
swindle the exchequer to the tune of crores of rupees. The premiere
investigating agency of India CBI has failed to nail the culprits.

Hereby , I do request the honourable supreme court of India to treat
this as a PIL application & to provide speedy justice in following
cases.

Read the article “Crimes @ RESERVE BANK OF INDIA”  @ http://theftinrbi.blogspot.com/
http://theftinrbi.rediffblogs.com/  , http://theftinrbi.wordpress.com/

Read the article “PF scam shame shame judges” @
http://corruptmajority.blogspot.com/ ,
http://corruptjudges.rediffblogs.com/

 

AN APPEAL TO UNION FINANCE MINISTER GOVERNMENT OF
INDIA

An age old saying – AS THE KING SO DOES THE SUBJECTS. In india various
financial scams, crimes & it’s cover-ups have taken place amounting to
billions of billions of dollars have taken place, made possible , just
due to the involvement of the king – the netas & government officials
themselves in the shameful act – the crime.

The tax officials are utterly corrupt, the wards of these officials
spend double their pappa’s salary just during
weekends. Now, realise their financial might. These ill-gotten wealth
is destabilising our economy & might have even found it’s way into the
hands of underworld, terorrists. INDIA WILL BE DEFEATED FROM
CRIMINAL FORCES WITHIN LIKE THIS NOT FROM THE EXTERNAL FORCES.

Hereby, the HRW urges you to make public:

1. the financial worth of finance minister to tax official at circle
level, on annual basis including his spouse’s worth & property
details.

2. to make public the NPAs, losses & monies under litigation by both
private & public sector banks annually.

3. to make public measures taken to recover these monies.

4. to publish annual accounts with complete details of discretionary
funds allotted to the defence ministry, president, prime minister,
chief ministers , governors & intelligence agencies.

Public want to know whether proper discretion is being applied while
spending.

 

 

R.B.I CURRENCY THEFT CASE – COVER-UP ACT BY C.B.I?
– AN APPEAL TO THE UNION FINANCE MINISTER & CENTRAL VIGILANCE  COMMISSION

Even in ordinary branches of banks , the safety
locker room keys & currency chest room keys are with senior managers
only. with advance of technology various electronic gadgets like
burglar alarms, user id & palm readers are in use. It is quite
shocking to know that , in high security RBI CURRENCY PRESS , mysore
these gadgets were not in use & the keys were easily accessible to
ordinary security guards. Also, in mysore press there is no proper
accounting practices for blank papers issued for printing , after
printing is done accounts of accepted notes & rejected notes is not
at all kept. CBI is putting the whole blame on an ordinary security
guards & hurrying to close the case. The repeated thefts are not at
all possible by security guards alone without the help of insiders /
higher executives. CBI is trying to fool whom?

Even with respect to my complaint regarding
recruitment scandal complaint no: DPG/B/2005/80049 (2) (RBI) new
complaint no: DPG/Z/2005/90040, neither CBI nor secretary ( finance
sector ) department of economic affairs government of india nor the
RBI governor has taken any steps till date , why?
Hereby, e-voice  urges the honourable union finance
minister & CENTRAL VIGILANCE COMMISSION to look into the matter & to
provide speedy justice to all concerned.

 

C.B.I COVERING UP THEFTS IN R.B.I
Lie detector tests for C.B.I officers ?

 

Nowadays even free e-mail accounts need password to operate, to
operate a bank locker there are multi level security settings.
However , it is ridiculous, unbelievable to note that in the high
security reserve bank of india currency note press mysore, there were
no different key sets , palm readers, pass words, no different
authorised persons, no troops of security guards, to access the area.
Just only one security guard- a constable.

It is a cock & bull story of C.B.I, that all alone a single security
guard stole the booty. There must be a crime syndicate. The C.B.I
officers themselves must be subjected to polygraph, brain mapping
tests to know why they are lying , to cover-up whom? The C.B.I has
not answered previous questions raised by  us. The C.B.I must answer
the following questions :

1. who were responsible for selling the good printing machine at
security press nasik to scamster karim lala telgi as scrap ?
2. who recruited the candidates below merit rankings in R.B.I for
what criminal roles ?
3. how many irregularities have taken place in R.B.I till date ?
4. who is responsible for installing, operating & supervising the
security set-up in R.B.I ?
5. how the raw materials ie number of paper sheets, ink, etc are
accounted for in inward stores & while issuing for printing ?
6. how wastages, scrap of ink , papers , etc in the printing process
are accounted for?
7. How the finished goods ie currency notes are accounted for ?
8. Who keeps physical figures & possession of goods, inventory of all
the above?
9. How the scrap paper is disposed off ?
10. From security angle who keeps track from start till dispatch ?

 

ILLEGAL RECRUITMENT IN R.B.I CURRENCY NOTE PRESS RESULTING IN FREQUENT  THEFTS ???

 

Dear sir,

I have applied for the post of STORES ASSISTANT in
1995 & for the post of PROCESS ASSISTANT in 1996 for vaccancies at
Bharatiya Reserve Bank Note Mudran Private Limited ( BRBNMPL) MYSORE
& SALBONI. I didn’t even get the interview/written test call letter.

However candidates with lesser merit ranking were selected. My
requests for a copy of merit ranking list fell on deaf ears.
In the end of 1996, i once again applied for the
posts of PROCESS ASSISTANT & MAINTANANCE ASSISTANT at BRBNMPL. This
time
round i got written test call letters for both posts. I have
successfully cleared the common written test for both posts.
Subsequently i got the interview call letters for both posts. I have
successfully appeared for the common interview for both posts.
However candidates of lesser merit were selected & i didn’t get any
communication at all. My repeated requests for MERIT RANKING LIST
fell on deaf ears.

It is the criminals in R.B.I MANAGEMENT who
declared a good printing machine at nasik security press as scrap &
sold it to fake stamp paper king pin karim lala telgi It may be
possible that the criminals in the R.B.I MANAGEMENT selected
candidates who suited their criminal objectives. As a result there is
frequent occurrence of currency thefts & related
irregularities at R.B.I CURRENCY NOTE PRESS, mysore & salboni.
Hereby, i call upon the C.B.I to look into this matter.

Also, hereby i urge you to provide me justice by giving merit ranking
lists of all recruitments made from 1995onwards till date.
Specifically, for the above mentioned 4 posts in accordance with the
TRANSPARENCY /RIGHT TO INFORMATION ACT of government of india.

 

SATYAM CO FRAUD – ARE YOU SINCERELY READY TO CATCH TAX  THEIVES , CORPORATE CRIMINALS  ?  – AN  APPEAL  TO UNION FINANCE MINISTER & KARNATAKA STATE FINANCE  MINISTER 

 


Corporate  fraud is nothing new to india    , satyam company is just a
new addition to it. Satyam co was able to commit such a huge fraud &
keep it under wraps for years goes to prove the honesty , integrity of
our public servants , government officials belonging to SEBI , RBI ,
tax dept , pollution control , labour  depts. , etc & the honesty of
auditors & company secretaries. Ofcourse , still there are few honest
people in public service , auditing & company secretaryship , but
majority of them are hand in gloves with corporate criminals.
Definitely , this fraud will also be brushed under the carpet after
certain time as other frauds happened , afterall these frauds are the
money spinners for political party funding , mafia , underworld &
other criminal activities. 

In india , tax compliance is worse. In our criminal justice system,
there is rigorous imprisonment for a pick-pocketer stealing Rs.10.
even the authorities spend thousands of rupees in legally prosecuting
him & the thief spends a year or more as punishment behind bars. Where
as there is no commensurate investigation nor  legal prosecution nor
punishment  for corporate thieves , evading tax to the tune of crores
of rupees. In contrast, those tax thieves pay a part of that booty to
the ministers & political parties and get crores of rupees tax
exemptions , incentives from the government. Government is rewarding
corporate criminals.
The tax officials of central & state governments
are hand in glove with these corporate criminals & traders. For a
price, they are helping corporates & traders in evading tax. Most of
the tax officials are wealthy & leading luxurious  lifestyles , much
beyond the scope of their legal income. The black money thus generated
every year by tax evasion , is many times more than our total annual
budget allocation. As a result, all our fiscal reforms fail &
inflation is soaring. This black money is the source of illegal
funding of political parties , terrorist outfits & underworld. It is a
greater threat to national unity & integrity.
Both the central government & karnataka state
government  have failed to collect the full , actual tax dues from
corporates & traders. As a result , the governments don’t have enough
money in their coffers  even to provide basic needs like health care ,
education , safe drinking water , etc to the poor & needy. For every
Rs.100 tax evaded , one poor patient is dying without medical care ,
10 poor persons lack education , 100 persons don’t get safe drinking
water , 100 persons barely survive on a single piece meal per day , 20
persons starve. Most of The government officials , ministers &
people’s representatives who have deliberately failed in their duties
of tax collection & welfare of poor citizens , SHAMELESSLY indulge in
luxurious lifestyle at the expense of poor tax payer . they live in
paltial bungalows , chauffer driven AC cars , all living food expenses
paid by exchequer , dine at 5-star hotels , only drink bottled mineral
water ,  eat non-vegetarian dishes , drink alcohol  sitting before
mahatma gandhi’s photograph & preaching mahatma’s ideals. Mahatma
preached & practiced simple living , vegetarianism & he was teto
teller , he paid for his expenses from his earnings . these public
servants are parasites , who are making merry at the expense of tax
payer.
Some non government organisations ( NGO) have
formed trusts and under the aegis of those trusts are running
educational institutions , hospitals , community halls , etc , in the
name of providing free / subsidised services like education , health
care , etc to the poor. It is only in record books , they conduct fake
medical camps , self employment training camps . in practice they are
running these educational  institutions , hospitals & community halls
as commercial enterprises & collecting huge fees. they are not even
remitting full fees collected to the trust account & swindling the
money. no outsider is allowed to become a member of these NGOs , only
their cronies & their family members are in these trusts.
Numerous NGOs promoted by religious bodies , mutts
are swindling public & government money to the tune of crores of
rupees. Nobody dares to question  the heads , pontiffs of these
mutts , as at his feet VVIPs , ministers fall down. These religious
bodies are hot beds of fundamentalism , terrorism  & mafia.  Hwere is
the accountability of religious bodies & political parties in in
india ?
Inspite of bringing specific cases to the notice
of authorities , they are mum ? hereby , E-VOICE OF HUMAN RIGHTS WATCH
offers it’s services ( subject to conditions ) to the governments of
india & karnataka , in apprehending the criminals – tax evaders. Are
you ready?

 

MEGA FRAUD  BY  GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears  waiver   +  non performing assets of  banks to the tune of Rs. 200 000 crore
–         An appeal to Honourable Supreme Court of India 

 

India has become an IT power , taken giant strides in the field of
science & technology. More & more MNCs are investing in India. However
due to our skewed , corrupt economic system , lack of accountability
on the part of corporates & public servants – a wide chasm has been
created between the ultra rich & the poor , the fruits of development
has all been usurped by the rich & mighty. This is the basic reason
for growth of black economy , growth of  naxalism , terrorism &
underworld in India. As per a recent study by UN organization ,
majority of Indians ie more than 50 crore Indians are barely
sustaining on Rs.13 per day earnings , a whole family depends upon Rs.
13 , they are struggling to get just single meal per day. People are
starving to death , farmers are committing suicides , people are
selling their own children for a bag of grains. Whereas , corporate
biggies , public servants are leading luxurious lifestyles , having
big parties full of  drinks , non-veg foods not at their papaa’s
expense but at the expense of public exchequer , out of the tax dues ,
loan repayments cheated to the public exchequer. 

The banks insist on matching collateral security  even for self
employment / educational loans by poor for an amount of Rs.5000. if
the loans are not paid in time , rowdies / recovery agents are sent by
banks to collect the amount by muscle power. As a final step , banks
auction-off properties of collateral security to recover it’s dues.
Even, the tax authorities mercilessly extract tax dues to the last
penny from the middle class. 

The same banks, overestimate the project cost of corporates ,
overestimate the project feasibility & it’s worth and coolly extend
hundreds of crores of rupees loans without matching collateral
security. The banks extend overdraft facilities without matching
collateral securities , to these corporates. When loans are not
repaid, no rowdies are sent by banks. The promoters , directors of
such tainted corporates drain – off the companies resources cunningly
through insider trading , finally making the company sick. Such
companies don’t pay taxes , electricity bills , water bills , etc
properly to respective authorities. The authorities are deaf , dumb &
blind to all these actions of  such corporates. At the end , banks
write-off such loans as non performing assets (NPA) & file case before
courts for recovery of dues. Even if the properties of collateral
security are auctioned-off  dues cann’t be fully realized. Finally
public money is swindled . ALL THIS IS POSSIBLE  DUE TO THE CONNIVANCE
OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE
THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION
TO HONEST CORPORATES. How to stop this ? by making corporate
accountability ,accountability of bank , tax officials more stringent
with penal provisions . afterall , they are playing with public money
not their papa’s property. 

Already , by the connivance of public servants , bank , tax officials
we have witnessed many scams like harshad Mehta , ketan parekh ,
hawala , etc and  more than Rs. 2000000 crore NPAs are on the books of
the banks. Now, the government of India is planning to waive-off tax
arrears of corporates to the tune of Rs.85000 crore , why ? read
vijaya Karnataka kannada daily dated 04th January 2007. just look at
this in the backdrop of “QUESTIONS FOR MONEY BY SOME MPs” and “MP
LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL”. The
government is always unresponsive , careless towards  the sufferings
of poor , however it is always on toes to help out corporates that too
criminal ones but not honest corporates. Why ? 

HRW has extended it’s services to GOI months back itself , to
apprehend tax thieves , till date there is no reply from GOI , why ? 

Hereby , E-VOICE OF HRW requests the Honourable Supreme Court of India
to order GOI , 

1.      to make necessary amendments to companies act , to make the
promoters , directors of the corporates personally accountable for all
their actions.
2.      to constitute committees consisting of public persons with powers
to scrutinize & verify all the actions of corporates for insider
trading  like – selling products , materials  , shares to their sister
concerns at discounted prices  or buying products , materials  ,
shares from their sister concerns at inflated prices or  lending loans
at discount rates to their sister concerns or taking loans from their
sister concerns at high rate of interest or loaning materials ,
machines to their sister concerns , etc.
3.      to constitute committees consisting of public persons , to
scrutinize & verify the annual personal tax returns filed by key bank
officials & tax officials , who have amassed riches & leading
luxurious life styles much beyond the scope of their legal known
sources of income.
4.      to recover all tax dues , loan dues , etc from the corporates from
the personal properties , wealth of promoters , directors of such
companies.
5.      to put behind bar the key bank officials who have helped the
corporates in swindling public money by overestimating project
viability , worth and by overlooking the insider trading of promoters
and still extending loans to them.
6.      to put behind bars tax officials who have helped such corporates
in  swindling public money.
7.      to take all the necessary help from public like as services
extended by HRW in apprehending tax thieves.
8.      to recover & protect public money at any cost.
9.      to confiscate all money , properties possessed by directors of such
criminal corporates  & properties of corrupt bank , tax officials ,
public servants.
10.     to declare illegal black money kept by corporate criminals ,
politicians , etc in the banks of tax haven countries like Trinidad ,
Mauritius , Switzerland , etc as national property of India , as
public property of government of India & to secure that money to
Indian exchequer. 

 

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS  & LEGISLATIONS  FOR  ????                                                                             –  improper functioning of democracy in india 

 

    the vohra committee report has proved the criminalisation of
politics in india. There are many number of criminals in the
parliament & state legislatures. Some of those criminals are cabinet
ministers as well as members of vital parliamentary committees.
Thereby, they are in a position to manipulate , enact laws favouring ,
benefitting the criminals their cronies. 

    Just see how the GOI gave export incentive of Rs.1800 crore to
reliance petroleum although it didn’t even export a barrel. Reliance
infocom & tata teleservices were CDMA mobile service providers & have
paid license fee of few crores only equal to landline fees without any
competitive bidding . They were supposed to provide mobile service to
operate like fixed phones within a radius of 40k.m. however they were
providing service like mobile service from one state to another like
GSM mobile service providers. By this act of RIC & TTSL , the GSM
providers who have paid thousands of license fee in competitive
bidding were economically hurt , the dispute went to court. The court
was on the verge of pronouncing it’s verdict awarding damages worth Rs.
18000 crore to GSM players & Rs. 3000 crore of license fees with
penalty to GOI. The government announced a unified telecom license
regime with retrospective effect. Thereby, the GOI lost thousands of
crores of rupees & the share holders of GSM players lost thousands of
crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-
ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This
time too, GOI bailed it out. during the dispute between ambani
brothers the younger ambani mr. Anil ambani director of reliance
himself has stated that for the favours received from the GOI , the
company gifted some shares to then IT & COMMUNICATIONS MINISTER mr.
Pramod mahajan. 

   Various indian & multinational companies are looting indian
exchequer to the tune of thousands of crores of rupees , through
lobbying / bribing. Take the recent case of allotment of 3G spectrum. 

   In india, indirect democracy is the form of governance. In this
form, people’s representatives are bound to raise the questions ,
issues concerning their constituents on their behalf , on the floor of
the house. However the sad part in india even after 58 years of
democracy , is the lobbying is at it’s peak. The lobbying is a
gentleman’s white collared crook’s  way of forming favour seeker’s
group , creating a corpus to pay lumpsum bribe & influencing decision
making.
The people’s representatives are bound to represent their people
first , then their party & party think tanks. India has come to this
sorry state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers. 

 

THREAT TO INDIA’S SECURITY BY CORPORATE CRIMINALS
– An appeal to honourable prime minister of india & honourable chief
minister of karnataka 


In india , since ages certain section of people – dalits , tribals are
being oppressed in the name of caste by forward caste people. The name
sake independence has not changed the lives of dalits & tribals. The
upper caste people were in control of government & economic sector
before independence as well as after independence too. The upper caste
people are now MPs , MLAs & are running businesses . they have framed
rules , laws to suit their ends. They are getting bank loans ,
subsidies , tax cuts , etc , by greasing the palms of those in power –
their own caste men. The reservation policy is just a vote winning
gimmick of forward caste politicians , it is neo divide & rule policy.
Only few dalits with money & contacts have benefitted , by the
reservation policy of government. Majority of them are still
sufferring from utter poverty & social oppression.
Now, due to rapid industrialisation & globalisation a new economic
divide has taken place – rich & poor , haves & have nots. Now,
economically poor are also being oppressed along with dalits. The
forward caste people in government have framed laws to suit their
ends , they have provided concessional priority loans , tax cuts ,
subsidies , etc from the government to corporate sector . The
corporate sector has demanded & got monetary benefits , infrastructure
facilities from the government . however the same corporates , MNCs
are violating statuotary laws & are averse to social welfare measures
of the government . they are averse to provide jobs to dalits ,
tribals & poor , why ? these corporates are bribing the labour , tax
department & other government officials . as a result the government
is loosing tax revenues to the tune of thousands of crores every
year , the government doesn’t have money to provide social welfare
measures to common people. The lives of common people are under
threat. Now,
the number of common people dying due to starvation , lack of health
care is more than in a war field. The threat to unity & integrity of
india is more from the corporate sector than pakistan or china.
Now, the government of india & other state governments are literally
under corporate control. we have brought to the notice of government
cases of statuotary law violations by various corporate entities ,
till date no action has been taken. Why ? hereby , we once again
offers it’s conditional services to the government of india &
karnataka in apprehending corporate criminals , corrupt tax , labour ,
pollution control board offricials. Are you ready sir ???? 

 

Black money in foreign banks amounts to plunder of nation: Supreme Court

 

Black money stashed away in foreign banks is not just a case of tax evasion, it is “mind- boggling crime” amounting to “theft and plunder of national wealth’’, the Supreme Court said on Wednesday.

In a frank message to the Union government, the court wanted it to realise the gravity of the issue. “We are talking about mind-boggling crime. We are not on the niceties of various treaties,’’ a bench of justices B Sudershan Reddy and SS Nijjar told solicitor-general Gopal Subramanium.

Earlier, the government had contended that money in foreign banks was a case of tax evasion and it cannot make public the names of Indian account holders.

“The authorities have to go on the basis of mutual agreement with various countries where the money is stashed,’’ Subramium said.

“This is the problem worrying us. It is not only about tax evasion and has something more,’’ the bench said after it was pointed out that the source of the money could be narcotics, terror fund or arms dealing.

The court was hearing a petition filed by noted criminal lawyer Ram Jethmalani and some retired bureaucrats and police officers.

 

 

Standard Chartered tries to cover up its messy past, but SEBI is in a slumber   

 Standard Chartered Bank’s draft red herring prospectus to raise $500 million-$700 million through the first-ever issue of Indian Depository Receipts (IDRs) has completely blanked out at least 15 litigations pending against it in connection with the securities scam of 1992 and a foreign exchange scandal involving the misuse of its vostro account, also in the 1990s.

 

The prospectus has reportedly been cleared by the Securities and Exchange Board of India (SEBI), which is fully aware that most litigations pertaining to the 1992 scam are still dragging their way through the Indian judicial system. It is shocking that the Bank has attempted to avoid disclosure, given that the Bank’s deep involvement in the scam is widely known in India and the IDRs are being sold to Indian investors. What is worse, when asked about the failure to disclose litigation pending against the Bank, SEBI has chosen to not to respond to the emails marked to the entire top brass of the Bank.

 

On checking with the Bank, Arijit De, head of external communications, has this to say: “With reference to your email to Neeraj Swaroop, our response is as below: The IDRs represent the shares of Standard Chartered PLC, UK , the ultimate parent company of Standard Chartered Bank, India. In accordance with the disclosure requirements under SEBI Regulations, IDR Rules, other applicable laws and international practice, SC PLC has made appropriate disclosures of all material issues in the draft offer document filed with SEBI. We have nothing further to add beyond what is disclosed in the DRHP.”

 

However, a simple reading of page 414 of its draft red herring prospectus suggests otherwise. It says: “As of the date of this Draft Red Herring Prospectus, neither the Company, any member of the Group, any Director, or any material associate of the Company (emphasis ours) are involved in any material governmental, legal or arbitration proceedings or litigation and the Company is not aware of any pending or threatened material governmental, legal or arbitration proceedings or litigation relating to the Company, any member of the Group, any Director or any material associate which, in either case, may have a significant effect on the performance of the Group, and there are no liabilities or defaults (including arrears and potential liabilities) in relation to such material proceedings or litigation which would be required to be disclosed under the SEBI Regulations.”

Moreover, the cases filed by the Enforcement Directorate and in the Special Court do not all pertain to the Indian operations (the Bank’s Indian operation itself is significantly large and important, especially after the impact of the global financial crisis). In fact, many of them specifically name a former chairman of the Bank, Rodney Galpin.

 

Among the cases that we have information about include some in the Special Court set up to try the securities scam related offences (MA 365/2003 – SCB v/s the Custodian & others; Suit 45 of 1995 SCB v/s Andhra Bank; Suit No 6 of 1994 SCB v/s Andhra Bank and Suit No 32 of SCB v/s Andhra Bank). Then there are at least half a dozen cases filed by the Enforcement Directorate, many of them in 2002. We have sent a list of all these cases to SEBI, but have no response from the regulator.

 

Are these cases serious enough to make a difference to the Bank’s global operations and performance? Probably not. Also, many Indian companies have successfully raised funds, even after disclosing that the main promoters were accused of murder or worse. The issue is the Bank’s lack of transparency, while selling a financial instrument to Indian investors.

 

What is worse, the failure to insist on this disclosure reflects even more badly on the market watchdog. In its very first IDR clearance, SEBI has shown that it is probably overawed with the international bank’s plans to raise funds in India or its fat, 801-page offer document. Either way, it is not insisting on the same transparency and disclosure standards that it expects from Indian companies, which should be a matter of serious concern, given that global banks have not covered themselves in glory in the lead-up to the financial crisis of 2008. — Sucheta Dalal

 

Too many loopholes

Anand Adhikari        

 

 

Hidden-camera videos of the country’s three leading private banks’ officials allegedly advising customers on money-laundering recently kicked up a storm. Heads have started to roll at the junior levels in these banks – ICICI, HDFC and Axis. But punishing wrongdoers is unlikely to stem the irregularities. A commenter on Cobrapost.com, the Delhi-based website which conducted the sting, hit the nail on the head. He said the problem was not just these three banks – it was that the entire system was riddled with loopholes. “It’s a good opportunity for the regulators to plug these loopholes,” he wrote.

He pointed to the multiplicity of acceptable identity documents – for instance, the PAN (permanent account number) card, passport and Aadhaar unique identification (UID) number – and the fact that none of them are interlinked. “It’s a real pity for a country which produces some of the best IT talents in the world,” he added. Contrast India with the United States, where social security numbers are in place since 1935.

 

There are numerous problems at multiple levels – the industry regulator, the government, and the banks themselves. At the level of the bank, the core issue is the approach to banking, as banks are caught up in an aggressive sales culture. The ones named in Cobrapost’s allegations have said they do business ethically. However, all three declined to speak to Business Today until they had investigated the matter fully.

At the level of the regulator – the Reserve Bank of India (RBI) – there is an urgent need to improve the frequency and quality of inspection. More importantly, there is a need to overhaul Know Your Customer (KYC) norms for financial intermediaries such as banks, non-banking financial companies (NBFCs), insurers and mutual funds.

And at the government level, there is a need to speed up Aadhaar – the national unique identification (UID) number project – as it would eliminate the multiplicity of documents.

The central bank’s KYC guidelines require banks to collect three documents – photographs, identity proof, and address proof – from customers before they can open an account or get a locker. If a customer has no UID number, the bank has no option but to accept documents such as voter ID, electricity bill, passport, or PAN card.

“The root cause of many of the problems today is the multiplicity of enforcement agencies, array of regulations and variety of documents for the identification of a single person,” says Pavan Kumar Vijay, Managing Director of Corporate Professional Group, a corporate advisory firm.

The Cobrapost videos show bankers asking for easily available KYC documents, and, in some cases, even advising customers not to submit a PAN card so they can stay off the tax radar. Bankers say some customers get away with submitting a lease agreement and rent receipts as address proof. “These are the most suspect cases, where the bank should do a ground check or periodically re-check whether the customer still has the same residence or job,” says the chairman of a public sector bank.

 

Some banks accept a company ID card as proof of identity, and a letter from an employer as residence proof. That is in line with RBI guidelines, but banks are also required to update the customer data from time to time. But many bankers say these checks get short shrift, as the bank is focused on attracting new customers.

“The problem is not with the KYC, but its implementation,” says M.D. Mallya, who recently retired as Chairman of the state-owned Bank of Baroda. He may be right, as the genuineness of even crucial government-issued documents is not always above quest ion.

According to the Comptroller and Auditor General (CAG), there were close to 96 million PAN cards as of March 2010, but only 34 million tax returns were filed.

The PAN card is one of the most abused documents. The CAG noted in 2010/11 that big tax evaders spread out their money by opening multiple bank accounts with fake PAN cards. Tackling PAN card fraud is not enough, though. The Income Tax Act allows those who claim not to have a PAN card to fill out Form 60 and say they have no taxable income, or Form 61 to say their income is from agriculture. A Cobrapost video shows a banker allegedly advising an undercover re-porter to fill out Form 60 to avoid detection by tax authorities.

So just by filing Form 60 and without submitting a PAN card, a tax evader can deposit cash of over Rs 50,000 in a bank or post office, no questions asked. According to banking industry sources, the RBI and the finance ministry are investigating cases in which banks have not reported transactions backed by Form 60 or 61 to the government’s Financial Intelligence Unit (FIU).

Finance Minister P. Chidambaram

Eventually, Aadhaar will resolve the KYC issue. But until that happens, some argue, it is impossible to require just one or a few documents as acceptable proof of identity and residence. “There is the issue of financial inclusion, or people having different sets of documents,” says a banker from one of three banks named by Cobrapost. He adds that some people genuinely do not have taxable income, many do not have a passport, and for some, the only address proof is an employer’s letter.

 

“Banking is a serious business where service, compliance and safety are core elements,” says A.K. Khandelwal, former Bank of Baroda chairman and author of the book Dare to Lead. But private banks have a strong culture of cross-selling their subsidiaries’ products, and increasing the number of savings and cur rent account deposits.

“Nurturing an ethics-based corporate culture, with provisions to claw back performance-based incentives… can help correct the current approach of mobilising fresh business by any means,” adds Khandelwal.

The Cobrapost expose shows bankers allegedly marketing insurance products to convert black money into white. Insurance products are profitable, because the bank earns a high first-year commission on the premium. The bank manager could benefit, too: many banks and insurers offer rewards for high sales, such as foreign junkets.

Insurance products are easy to sell. The bank’s KYC requirements are sufficient proof for investing any amount in an insurance scheme. A PAN card is not necessary, even though some single-premium policy amounts are as high as Rs 30 lakh. Many banks sell policies that mature after seven years. At that point, nobody can question the source of the money, because income-tax laws do not require banks to keep records for more than seven years.

 

RBI Governor D. Subbarao

Cobrapost has also alleged that the three banks have been laundering money. Money-laundering means the transfer of money from illegal sources – drugs and arms trafficking, terrorism, extortion and theft – into the financial system through fictitious bank accounts and hawala transactions. Cobrapost alleges that the banks suggested opening accounts in the name of the applicant’s spouse, cousin, or friend, which is not money-laundering in the strict sense.

By law, bank employees have the authority to ask a customer for details of transactions that are not consistent with the customer’s profile. The onus is on the bank to ensure that the account is not being used to launder money. Insurance companies, too, are required to report cash transactions of over Rs 10 lakh a month to the FIU.

Following Cobrapost’s allegations, the RBI and the Insurance Regulatory Development Authority are investigating KYC violations and the background of customers who have put large sums into singlepremium insurance plans. ICICI Bank’s life insurance arm has launched a probe, too.

Some in the industry say the FIU is seeking details of policy holders with high-value single-premium policies. The RBI, too, is investigating high-value transactions. “If there is a series of cash transactions valued at Rs 10 lakh or more in a month, they need to be reported under AML,” says a public-sector banker on condition of anonymity. AML refers to anti-money laundering rules.

Banks are required to report demand drafts, mail transfers and travellers’ cheques worth Rs 50,000 and more to the RBI. A source in the central bank says: “The investigation will also look at the extent of complacency shown by the top management of these banks.”

Some bankers argue that it would be unfair to blame the top management of the three private banks that Cobrapost has named – the country’s largest in terms of market capitalisation. ICICI and HDFC have nearly 3,000 branches each, and Axis Bank has close to 2,000. The Cobrapost investigation covered some 50 branches. All three banks have comprehensive codes of conduct for employees. For example, ICICI Bank, with a balance sheet of Rs 5 lakh crore, has a detailed manual outlining due diligence for accepting a customer.

A day after Cobrapost published its investigation, ICICI and HDFC banks appointed audit firm Deloitte Touche Tohmatsu to carry out an independent forensic enquiry in addition to their own internal investigations into Cobrapost’s allegations. The stock market has reacted, too: the banks’ stocks have fallen more than the BSE Sensex.

“The RBI may also put the brakes on new branch licences to some banks,” says Kashyap Jhaveri, analyst at Emkay Global Financial Services, in a recent report. An analyst who manages the money of foreign institutional investors says the probe could expand to other banks. A Goldman Sachs report notes: “These developments, if proven true, could potentially lead to slower growth across private banks’ deposits and business.”

The RBI’s deadline for a scrutiny of the head office and branches of the three private banks is March 31. The central bank is also studying whether the banks’ gold coins and wealth management products could be potential ways to stash black money. RBI Deputy Governor K.C. Chakrabarty has downplayed the expose, saying: “If we find there is a need to further tighten any guidelines, we will do that.”

Some in the industry say that Finance Minister Chidambaram’s estimate that 46,800 people have taxable income of over Rs 1 crore is baffling, considering the growth of banks’ wealth management services and the portfolio management services of mutual funds and brokerages.

In addition to being the government’s debt manager, the RBI manages the country’s monetary policy, and supervise and regulate banks. “There is a strong case of hiving off the banking supervision from RBI,” suggests a banker.

The number of bank branches in the country has grown to 80,000. The RBI has some 20,000 employees, of which one-third are maintenance and technical staff. Some bankers question, however, whether adding layers of people will improve the situation.

Former RBI governor Bimal Jalan says: “We should learn from the current experience and see how we can improve our ethical governance system in implementing the banking guidelines.”

There is also the issue of black money – estimated at Rs 10-15 lakh crore – being generated in the first place. It is common knowledge that much of it is stashed in other countries. The Cobrapost sting has highlighted that banks, which are highly regulated, seem to be doing little to bring tax evaders to book at home. It is anyone’s guess what goes on in more loosely regulated financial intermediaries such as co-operative banks, NBFCs and credit societies.

 

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Cancel Salary HIKE to MPs MLAs

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

http://e-clarionofdalit.blogspot.in/2016/03/cancel-salary-hike-to-mps-mlas.html#links

Lesson for MPs MLAs

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

http://e-clarionofdalit.blogspot.in/2016/03/lesson-for-mps-mlas.html

Police complaint against CHIEF JUSTICE

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

http://e-clarionofdalit.blogspot.in/2016/03/police-complaint-against-chief-justice.html

Telecom scams – RPG , Reliance

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

http://e-clarionofdalit.blogspot.in/2016/02/telecom-scams-rpg-reliance_22.html

USA deadlier than ISIS

Filed under: Uncategorized — Nagaraja M R @ 9:47 am

http://e-clarionofdalit.blogspot.in/2016/02/usa-deadlier-than-isis.html

India sponsorer of TERRORISM

Filed under: Uncategorized — Nagaraja M R @ 9:46 am

http://e-clarionofdalit.blogspot.in/2016/01/pil-india-sponsorer-of-terrorism_25.html

PIL – Dalit atrocities by Government

Filed under: Uncategorized — Nagaraja M R @ 9:46 am

http://e-clarionofdalit.blogspot.in/2016/01/pil-dalit-atrocities-by-government.html

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