SOS e Clarion Of Dalit

March 16, 2010

Double Standards of Supreme Court of India & Karnataka Police

Filed under: Uncategorized — Tags: , — Nagaraja M R @ 3:38 pm

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

Editor: NAGARAJ.M.R… VOL.4 issue. 12…… 24/03/2010

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

IMAGINE YOURSELF IN THE POSITION OF FOLLOWING PERSON TO UNDERSTAND THE PLIGHT OF MANUAL SCAVENGERS & VISIT
Public Sanitation at the cost of Life http://tinyurl.com/yz6opd5 )

Editorial : DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE – Karnataka State Police Not Registering Complaint / FIR against VVIPs
The criminal elements , POWERS THAT BE are repeatedly hacking my websites , home pages & censoring the public from reading our news papers. These criminal elements have prevailed over the web hosts , ISPs to censor our news papers , to block our home pages , web sites from opening , lest the TRUTH COMES OUT. Thereby they are violating our human rights , RIGHT TO FREE EXPRESSION & RIGHT TO SEEK JUSTICE.

In india , Law is one & same for all , however in it’s implementation
& enforcement , the public servants are practicing double standards.
Poor Innocents are harassed , tortured all in the name of law ,
rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records &
are going scot free. The Public Servants treat Rich Criminals
Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme
court
chief justice & President of india are hiding information relating to
crime , covering-up crimes , violating commoner’s human rights ,
fundamental rights , obstructing citizen from performing their
Constitutionally prescribed Fundamental Duties as Citizens of
India ,
no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also
becomes a criminal , if a commoner violates the fundamental / human
right of a rich person , if a commoner obstructs a public servant
from
performing his public duties , all those become crimes & he is
legally
booked for each counts.
Why not police registering complaint against the above stated public
servants for above crimes. IS IT NOT DOUBLE STANDARD.

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

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

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

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

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

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

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

Your’s sincerely ,
Nagaraj.M.R.

POLICE NOT REGISTERING FOLLOWING COMPLAINT

From,

NAGARAJ.M.R.

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE – 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats – unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it’s tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people’s last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon’ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india’s defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF

INDIA –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

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

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

Date : 04.07.09………………… your’s sincerely,

Place : Mysore…………………..nagaraj.m.r.

Failure of duties & questions not answered by public servants
Circle Inspector of Police , Vijayanagar Police Station , Mysore City , Karnataka
http://sites.google.com/site/sosevoiceforjustice/police-not-registering-fir-complaint ,

NICE Corridor Questions to CHIEF MINISTER .Mr.Yediyurappa
Read full questionnaire
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chie
f-minister
HOW MPs ,MLAs , Ministers – PEOPLE’S REPRESENTATIVES MUST FUNCTION

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 62 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.

SOS – APPEAL TO H.E.HONOURABLE PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA
– Vested Interests , Criminals silencing a journalist
Your excellency,

Even after 62 years of india’s independence , the plight of commonman has worsened. Corrupt public servants , corrupt judges , corrupt police , etc are proving to be parasites leading 5-star lifestyles at taxpayer’s expense. They in their greed for money , bribe are aiding & abetting terrorists , separatists , naxalites, underworld mafia , etc covertly & overtly , backstabbing our motherland. These corrupt public servants are more cruel than Jalianwallah Bagh butcher General Dyer of british army. If Mahatma Gandhi was alive today , he would have been disgusted with the present way of democratic government , functioning of public servants & would have died heart broken. If our freedom martyrs like sri.Bhagath Singh or Sri. Madan Lal Dingra or Sri.Subhash Chandra Bose would have been alive , they would have given a befitting reply to this corrupt police , corrupt judges , public servants.
Whenever , a commonman raises his voice for justice , he is silenced in various ways by the criminal nexus. The said criminal nexus has previously tried to silence me in many ways including attempts to murder , closure of newspaper , etc , now the same criminal nexus is at it again. They are trying to silence me , to close my newspaper , to foist false cases against me , all for asking the following QUESTIONS , which public servants are afraid to answer. Even if they succeed in silencing me , TRUTH NEVER DIES, THE COMPLICITY OF HIGHEST CONSTITUTIONAL FUNCTIONARIES IN COVERING-UP , HIDING CRIMES IS FOR ALL THERE TO SEE. If Anything untoward happens to me or my family members , both of you H.E.Honourable President of India & Honourable chief Justice of India will be responsible , accountable for that. If police or other law enforcing agencies , ask me- the complainant , to come over to police station repeatedly for inquiry ( as they did previously) instead of asking the accused high & mighty persons , to come over to police station at least once , the police , the court & the government is liable to pay me damages .
In India corruption has spread it’s tentacles far & wide. Corrupt few among judiciary are selling judicial orders , police are fixing innocents letting off the rich criminals , manipulating evidences , people’s representatives are taking money even for asking questions in parliament , for releasing money under MPLAD scheme , etc. many of the public servants are selling their official duties for some consideration. These greedy corrupt public servants are worse than street side prostitutes who sell off their own body for a living. However the corrupt public servants who take hefty pay & perks from the government sell off their official duties , their ethics , honesty , in their greed for more money.There are even worse corrupt parasites , police who even take commission from these hapless street side prostitutes.
Take two recent examples , in mysore a little kid of a villager was not properly attended to for nearly 15 days by any doctor in government K.R.Hospital , just for the reason that villager was unable to pay bribe. Finally the kid died in the hospital. Even in ESIC Hospital , mysore although the services are paid by employees by monthly contribution , services are dismal . almost every official in ESIC Mysore demand bribe for consultation , medical test , issue of medicines , bill reimbursement , etc.
Now , take another example how the flyover collapsed in delhi or 15 storey building collapsed in Bangalore. Still mystery shrouds , cover up is taking place with respect to this building collapse. Is it not due to the failure of town planning authorities like BDA , BBMP, etc ? there is complete mystery regarding the casualties of this building collapse , what labour commissioner is doing ? even in mysore , at Infosys construction project site many casualties have taken place , but not properly recoreded by authorities , why ?
Now , the hard fact is that if one has money he can do anything & get away . at this juncture , disillusioned with the corrupt government system , the educated unemployed or victimized youths become a fertile ground for raising of anti social movements like naxalism , mafia or separatist movements , religious fundamentalists , etc. this has already happened in India.
This is an open appeal to your excellency & the honest few in public service , to check this growth & to take India towards Mahatma’s swaraj. The public servants mentioned in the following articles are shielding corrupt criminals , by refusing to answer questions , will you make them cough up TRUTH IN FULL ? e-voice has appealed to authorites offering services in apprehending tax thieves & other criminals , but public servants are not interested to utilize our services lest their criminal pals are get caught ? ARE YOU READY TO CATCH TAX THIEVES & OTHER CRIMINALS BY TAKING OUR SERVICES ?
Bihar type mob justice cases will become more frequent leading to anarchy , rise of naxalism , terrorism & Underworld in india. The cause for all this CORRUPT PUBLIC SERVANTS in India. When common people don’t get justice by police , by courts of law , rich mighty criminals get away from punishment & people’s representatives in parliament / state legislatures legalizes the crimes of their rich friends , criminals , anti nationals , the justice becomes a mirage to common man , democracy a farce.
Just consider following examples , PMO official leaks out nuclear secrets to enemy countries endangering the security of India , a government official gives driving license , ration card , voter identity card to a Pakistani terrorist , a police official issues gun license to anti national Terrorist , a police official applies 3rd degree torture to a poor innocent to cover up rich criminal , a police official murders a poor innocent in lock-up , fake encounter to cover
up rich criminal , a judge issues bail , other judicial orders for a price to anti national , a police officer destroys evidence , delays investigation to aid rich criminal , etc , all these public servants are least bothered about either the well being / security of our motherland India or our countrymen . they are concerned only about the kick backs they get . even higher officials , courts are not taking any action against such corrupt anti national officials , why ?
In these circumstances , the aggrieved mass of people to protect the security of our motherland India ,to uphold law , to protect themselves , in exercise of their CONSTITUTIONALLY ENSHRINED FUNDAMENTAL DUTIES ( ie to uphold constitution of India , to protect the unity , integrity of the country , to protect the rights of fellow country men eliminate , kill such CORRUPT ANTI NATIONAL PUBLIC SERVANTS when all the avenues for seeking justice have failed , is it not justified in the interest of country ?
Do remember that hard liners among our independence struggle like shri . subash Chandra bose , shri. Bhagath singh & others have contributed to our independence struggle immensely. However their actions at that point of time as per then prevailing laws of britishers were termed as illegal , although it did good to our motherland & our countrymen.
However in democracy this should not happen as this violence leads to anarchy , more violence. this anarchy can be controlled only by the corrupt public servants , whose making it is . they must mend their corrupt practices , must strictly work for the welfare of our motherland , the courts must punish the corrupt public servants severely. Then alone bapuji’s true swaraj can be built.
The sad fact is that instead of mending their ways , the corrupt public servants have increased their personal security & taking more and more kick backs. God only must protect them from dog’s death at the hands of mass of people.
We at e-Voice for Justice believes in equitable justice , peace & non violence and hereby only analyzing the causes for bihar type mob violences , rise of naxalism , terrorism , under world in India. Our analysis is a social pointer to the things to come in near future , in India , ways to protect democracy in India.
In the democratic india , whenever a citizen suffers from injustice , violation of constitutionally guaranteed fundamental rights / human rights he can appeal to the higher Authorities for justice , then to the next higher authority in the hierarchy . if it fails he can approach the police , courts of justice. Finally he can appeal to the
first citizen of the country & supreme court of india . Now , corruption is more prevalent in police & judiciary. To my numerous appeals for justice , e-voice’s appeals for justice concerning public good , the public servants have failed to perform , the police have taken biased action & finally H.E.PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA are mum. They have failed to perform their constitutional duties. All the doors of justice are closed for me.
e-voice has brought to the notice of government cases of rights violations , crimes , tax evasions by public servants &
corporate bodies , it also offerred it’s services in apprehending corporate criminals stealing crores of tax money. there was no response . the police & authorities are keen , over zealous in apprehending & prosecuting a pick-pcketer stealing Rs.10 , where as it cover-ups the crimes of corporate criminals stealing lakhs , crores of tax money. the government even rewards such corporate criminals with tax exemptions , subsidies , etc. Is it equitable justice ? true democracy of mahatma’s vision ? This type of corrupt administration in india since independence has made the lives of commoners miserable and is the main driving force for the rise of NAXALISM , TERRORISM /
SEPARATIST MOVEMENTS & UNDER WORLD.
However violence is not the solution, violence breeds more violence & mahatma’s democracy true swaraj cann’t be set up on the basis of violence. When all the doors of justice are closed for a commonman ( sufferer of gross
injustices ) without financial might or contacts , he has the following options :
1. to take law into his own hands & settle scores. But it is illegal although naturally justified .
2. to suffer more & more injustices reconciling to the fact , ground reality that democracy in india is fake only a facade.
3. To committ suicide to runaway from all injustices. But that is illegal & cowardice.
4. To spread awareness among public about corruption in police , judiciary , public service & to kindle the light of crusade in them within legal democratic frame work although presently sufferring from gross injustices. All in the hope that tommorrow will be bright & sunny , with the dawn of mahatma gandhi’s swaraj , as clearly told by poet Ravindranath Tagore and bow our heads to our great motherland India.
Your excellency , kindly tell me – tell the common people which way to take . JAI HIND . VANDE MATARAM.
Your’s sincerely,
Nagaraj.M.R.

An Appeal To The Honourable Chief Minister of Orissa

Dear Chief Minister,

I am deeply concerned about the negative impacts that a planned bauxite mine in the Niyamgiri Hills will have on the Dongria Kondh, an Advisai community that has lived on and around the Niyamgiri Hills for centuries. The Dongria Kondh depend on these hills for their food, water, livelihoods and cultural identity. If mining goes ahead their entire way of life and their survival as a distinct people is under threat.

I am also concerned about the impact of Vendanta Aluminium’s refinery in Lanjigarh. The existing refinery operation has caused air and water pollution, and undermined the human rights of local people. Despite this, Vedanta Aluminium – the operator – has sought permission for a six-fold of the refinery’s capacity.

No assessment of the human rights impact of either the mine or refinery has ever been undertaken – despite the clear risks. Local people have been given almost no accurate information on either project, and consultation processes have been wholly inadequate.
The companies involved in the mining and refinery projects, both subsidiaries of Vedanta Resources – have repeatedly ignored community concerns, breached state and national regulatory frameworks and failed to adhere to accepted international standards and principles in relation to the human rights impact of business. The government of India has failed to enforce national legal and regulatory requirements properly and protect human rights.

I urge you to:
• Refuse clearance for the refinery expansion and mining plans until full human rights impact assessments are carried out, and human rights concerns addressed. This includes respecting the rights of the Dongria Kondh to their traditional lands and seeking their free, prior, informed consent in relation to the project.
• Take action to address the existing pollution caused by the Lanjigarh refinery and enforce laws and regulations to prevent any further pollution.

Your’s sincerely ,
Nagaraj.M.R.

An Appeal to DOW Corporation , USA

Dear Mr Liveris,

The lives of tens of thousands of people in Bhopal were devastated in
December 1984 by a catastrophic gas leak at Union Carbide’s pesticide
factory. There has been no justice and no proper rehabilitation for
survivors and this human rights disaster now spans generations.

No one has been held to account for the serious failures leading to the
leak. Union Carbide – today a wholly owned subsidiary of The Dow
Chemical Company – walked away from Bhopal, without even
decontaminating the site properly.

This 25th anniversary year, I am joining the thousands of people who
want to make Dow a promise: You can’t forget Bhopal – we won’t let you.

We are calling on Dow to:
• Proactively engage with the government of India to ensure that the
site is properly decontaminated and that adequate reparations are made
to those affected;
• Co-operate fully on the ongoing legal proceedings in order to ensure that those responsible are held accountable.

Your’s sincerely,
Nagaraj.M.R.

An Appeal To H.E.Honourable President of India

Your Excellency ,

I am writing to express solidarity to the ten-year-long fast of Ms. Irom Sharmila Chanu, the Iron Lady of Manipur and her cause.

I am informed that Sharmila has started the fast on 4 November 2000, protesting against the violence committed by state and non-state actors in Manipur. I am aware that the protest also demands an immediate end of impunity in the state, for which the withdrawal of the martial law, the Armed Forces (Special Powers) Act, 1958 (AFSPA), from Manipur is a prerequisite.

I am worried about the sufferings of the ordinary people of Manipur at the hands of the underground militant organisations as well as the state agencies.
I am aware that the AFSPA is enforced in Manipur to support government actions in the state in countering secessionist activities and underground militant acts. Yet, it is now certain that the AFSPA has not helped in countering militancy in Manipur, but in fact has enraged it.

I am informed that the climate of impunity is one of the reasons why conflict continues in Manipur.

The AFSPA, as far I understand is an addition to the overall impunity framework that has contributed to the deterioration of the state of rule of law in Manipur. My opinion is also shared by national bodies including Justice Jeevan Reddy Committee; the Second Administrative Reforms Commission; and the Prime Minister’s Working Group on Confidence-Building Measures in Jammu and Kashmir. I am informed that these eminent bodies have recommended the government to withdraw AFSPA from operation since they are of the informed opinion that a law like the AFSPA will only facilitate violence and not prevent it.

I am convinced that under the current circumstances in Manipur the withdrawal of AFSPA will not in itself solve the Manipur crisis.

Yet, it could be a bold and open step by the government to show that it is determined to find solution to an armed conflict that has haunted an entire generation in the state. The withdrawal of AFSPA from Manipur will be recognition to the sufferings of the state’s people and an expression of respect and acknowledgment of their rights.

Additionally, withdrawing AFSPA from Manipur will be a catalyst to end the climate of impunity in the state.

Your’s sincerely,
Nagaraj.M.R.

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

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January 7, 2010

Police Not Registering FIR / COMPLAINT

Filed under: Uncategorized — Tags: — Nagaraja M R @ 6:18 am

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

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R… ……..Special Issue………….. 07/01/2010

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

IMAGINE YOURSELF IN THE POSITION OF FOLLOWING PERSON TO UNDERSTAND THE PLIGHT OF MANUAL SCAVENGERS & VISIT
Public Sanitation at the cost of Life http://tinyurl.com/yz6opd5 )

Editorial : DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE – Karnataka State Police Not Registering Complaint / FIR against VVIPs

The criminal elements , POWERS THAT BE are repeatedly hacking my websites , home pages & censoring the public from reading our news papers. These criminal elements have prevailed over the web hosts , ISPs to censor our news papers , to block our home pages , web sites from opening , lest the TRUTH COMES OUT. Thereby they are violating our human rights , RIGHT TO FREE EXPRESSION & RIGHT TO SEEK JUSTICE.

In india , Law is one & same for all , however in it’s implementation
& enforcement , the public servants are practicing double standards.
Poor Innocents are harassed , tortured all in the name of law ,
rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records &
are going scot free. The Public Servants treat Rich Criminals
Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme
court
chief justice & President of india are hiding information relating to
crime , covering-up crimes , violating commoner’s human rights ,
fundamental rights , obstructing citizen from performing their
Constitutionally prescribed Fundamental Duties as Citizens of
India ,
no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also
becomes a criminal , if a commoner violates the fundamental / human
right of a rich person , if a commoner obstructs a public servant
from
performing his public duties , all those become crimes & he is
legally
booked for each counts.
Why not police registering complaint against the above stated public
servants for above crimes. IS IT NOT DOUBLE STANDARD.

POLICE NOT REGISTERING FOLLOWING COMPLAINT

From,

NAGARAJ.M.R.

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE – 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats – unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it’s tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people’s last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon’ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india’s defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF

INDIA –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

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

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

Date : 04.07.09………………… your’s sincerely,

Place : Mysore…………………..nagaraj.m.r.

COURT JUDGEMENTS FOR A PRICE ? MANIPULATION OF INDIAN LEGAL SYSTEM ? – SHAME SHAME SHAMELESS CORRUPT PUBLIC SERVANTS

Recently we have seen media reports about arrest of high ranking police officers by Karnataka lokayukta , many police are arrested by karnataka lokayukta . Many government officials are apprehended by Karnataka lokayukta in the past , on an average from each arrested corrupt government officials millions of rupees worth illegal wealth was confiscated from each criminal. This wealth is earned by selling their official duties , for preparing fake government reports , records in somebody’s favor. During the proceedings of the court , paradoxically the judge depends on those very same concocted government reports , records (prepared by corrupt official) as the gospel truth & gives his judgement. The corrupt police officials by taking bribe suppress evidences , leave criminals from FIRs , deviate from the line of investigation , purposefully delay investigations allowing for destruction of evidences / escape of criminals , close cases with B reports , delay arrests of criminals as not traceable , in the same way fix innocents , coughs up fake confessions from innocents , etc all to protect the real rich & mighty criminal in the background. During the proceedings of the court , the judge heavily relys on the investigation reports , records of these corrupt police officials & gives his judgment.
Recently a fortnight back , in an article written by Karnataka government law & justice minister Shri. Suresh Kumar has mentioned about an incident where in an innocent was illegally arrested by police , the public prosecutor demanding a FAT FEE from the innocent detainee to get his release. Nowadays , many of the government paid Public Prosecutors in understanding with the defense advocate strike a deal , present the government’s case in half hearted manner allowing the rich & mighty criminal to escape. During the proceedings of the court the judge relies on the stand of prosecution , the stand of corrupt public prosecutor as government is the party which has filed that very case.
In the court of law , judges follow the law enacted by parliament or state legislatures. However some of the criminals who have entered into the halls of parliament & legislatures are successful in getting certain illegal acts legalized . the courts of law blindly follow those illegal , unethical , immoral LAWS / ACTS / GOVERNMENT ORDERS as gospel truths , as guiding lines as they happen to be technically legal.

In some cases , the judges themselves happen to be corrupt , they sell all judicial orders for a price. Just remember the case of a TADA court judge issuing bail orders for a price , or a judge issuing arrest warrants against then CHIEF JUSTICE OF INDIA & PRESIDENT OF INDIA .

Due to all these cases , the rich & mighty criminals are manipulating the entire legal system to their own favor and innocent people , common folk are getting a raw deal in the courts of law. Where is Mahatma Gandhi’s Ram Rajya even after 62 years of India’s Independence.

By all these action can we expect justice from the corrupt mentioned in the following articles. SHAME TO SHAMELESS CORRUPT JUDGES , CORRUPT POLICE , CORRUPT PUBLIC SERVANTS of india . These corrupt must learn lessons of duty from their honest colleagues, honest few judges , police , public servants still left in service. These few honest judges , honest police & honest public servants must teach their corrupt colleagues how to behave. Corrupt must first learn to be human beings , to behave as human beings & to interact with the public as human beings. Read UNIVERSAL DECLARATION OF HUMAN RIGHTS in the following pages. JAI HIND . VANDE MATARAM .

Your’s sincerely ,
Nagaraj.M.R.

READ FULL ARTICLES OF THIS ISSUE @ http://sites.google.com/site/sosevoiceforjustice/judicial-orders-for-sale

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JUDICIAL ACCOUNTABILITY IN INDIA
– URGENT NEED OF THE HOUR

After 62 years of india’s independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer’s expense , while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it’s tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn’t get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

In our own experience, e-voice didn’t get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.

Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions, TO BE HUMAN BEINGS , TO BEHAVE AS HUMAN BEINGS , TO TREAT OTHERS , COMMONERS AS HUMAN BEINGS. Atrocities , violence , corruption breeds more violence , invites dog’s death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of UNIVERSAL HUMAN RIGHTS DAY, let us build a true democratic India , free of corrupt public servants.

Can we expect Justice & Rule of Law, RESPECT FOR CITIZEN’S HUMAN RIGHTS & FUNDAMENTAL RIGHTS from Corrupt Police & Judges

In India , corruption has spread it’s tentacles to all walks of life , the corrupt public servants in their greed for money have become TRAITORS , GADDARS & backstabbing our motherland. Please go through the following articles & arrive at your conclusion.

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

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

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

Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA ,
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.

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

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

More Corrupt the Police are, More unsafe are our People
– By K B GANAPATHY

It is sickening. It is nauseating. It is vulgar. It is dirty. It is a sin and above all, it is a crime beyond any ameliorating circumstances. The punishment for this crime should be a real deterrent and must not take more than a month to award. I am talking about the crime committed by the Kolar SP, K. P. Puttaswamy, IPS, who was caught red – handed while taking a bribe of Rs.10, 000 from a civil Police Constable P.P. Prakash by the Bangalore Lokayukta Police on November 27.
When the crime was committed in Kolar, how is it that the Bangalore Lokayukta took action? This is not a million dollar question. This is a million dollar shame on the honesty and integrity of our Police force itself (honourable exceptions are honourably exempted here).
I understand the reason is that the Lokayukta Police officers in Kolar are too compassionate and considerate in nabbing criminals and corrupt persons in their own turf (department). Earlier, three attempts were made to catch this cornucopia of a corrupt person called Puttaswamy, but he was alerted in time. Thus the local Lokayukta failed in its mission.

Kolar SP Puttaswamy
Constable Prakash, the victim of Puttaswamy’s greed, avarice and craving for money knew this very well. It was for this reason, he had to approach the Bangalore Lokayukta (Phone: 9845000022). Naturally this time, the Lokayukta operation was a complete success.

Complainant Mr. P. P. Prakash
Think of the depth of demand from Puttaswamy and you will know how fathomless it is. I am reminded of a Tamil film Anniyan. The Constable Prakash had already given Rs.25, 000 as bribe (which in fact is also an offence). But the greedy SP, Puttaswamy, in order to make a killing out of this Constable seeking permission for voluntary retirement from service under VRS, recommended his dismissal. This made the Constable nervous as he would lose his pension and other benefits. P. P. Prakash, the Constable, now aged 47, hailing from South Kodagu, near Ponnampet (Pullangada family) served in the Indian Army Signals for seven years and then joined the Police Department in Kolar and has served for 20 years.
Of late, he was not keeping good health and hence took “medical permission” for 13 months leave — sick leave. It appears he was supposed to submit a Doctor’s certificate from time to time during this period. He did not do so as it is not compulsory, and rarely insisted upon, he says.
However, in this case the Kolar SP K. P. Puttaswamy ordered a Departmental Enquiry (DE) against him. Realising that this enquiry would take at least 5 to 6 months to complete and as he was in a hurry to take VRS he decided to apologise for the inadvertent lapse. Subsequent to the apology submitted by him to the DE Officer, the Dy. SP, the DE was closed and the report sent to the Superintendent of Police, K.P. Puttaswamy.
See how greed for money tears away the human face of a human being. The Superintendent of Police, Puttaswamy, returning the file to the Enquiry Officer, the Dy. SP, asked him to re -examine the Departmental Enquiry.
Constable Prakash says that normally if one admits his fault, in cases such as this, no re – examination of DE is necessary.
However, Constable Prakash thought there was no use pursuing the path of law to get his VRS from an Officer like K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours: (1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To grant permission for the VRS.
After making this payment of Rs. 25,000, the Constable Prakash was happily waiting at his native place for VRS permission. However, after two months, to his utter shock he received a notice about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.
He rushed to Kolar and met the Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told: “Okay, I will see. (Aayitu Noduva)”
On further pleadings from the Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with his head and eyes pushing the paper towards the Constable to see the figure.
Since the Constable found the new demand too much for him to bear, he decided to retaliate. He knew there was no use complaining to the Kolar Lokayukta which could not trap this corrupt SP three times earlier on others’ complaints. So Constable P. P. Prakash straight away went to Bangalore and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend to complaints promptly in confidence without any delay.
He knew, speed is the secret of success not only in love and war but also in Lokayukta operations. He immediately called another smart officer, Superintendent of Police (SP) Madhukar Shetty and lo and behold the operation was successful.
Prakash, the Constable, says that the Kolar SP had his moles in his office keeping an eye on the Lokayukta complainants and officers who may be around. In case of suspicion, information was passed on to him and the SP will not see such visitors.
Hence, this time the Bangalore Lokayukta got smart. Waiting at the SP’s door to see him was a burqaclad lady Constable and a Police Sub – Inspector disguised as a Muslim with full makeup, wearing a beard hired from a clothier to dramas.
One more person was also there with bandages, dhoti and chappals who would see the SP only after his “Doddavaru” (elder) came there. Thus there was absolutely no room for suspicion for the Policemen on duty at the SP’s door. Since Prakash was already known, he was allowed in.
During the course of conversation, the Superintendent of Police K. P. Puttaswamy, alert and smart, told his supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave the cover with the money inside, as pre – arranged by the Lokayukta. Puttaswamy instinctively stretched his hand to receive it but quickly withdrew, lifted a file, placed it on the table and asked Prakash to keep the cover below the file. The latter obliged. However, while handling the file Puttaswamy unknowingly touched the cover to push it properly under the file.
“I will call the GSA and get the file and ask him to do the needful”, said the SP who did not forget to speak aloud “Beda” (Don’t want) all the while taking care not to touch the cover or money. But to his bad luck he had already touched the cover, though unknowingly, rather accidentally.
Well, when Prakash came out, the Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in newspapers.
And indeed the complainant P. P. Prakash did teach his corrupt boss a lesson which the people of our State think will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no. Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand transporter against whom a charge sheet was filed.The sand transporter wanted Srikantappa to help him by filing a “B” report to the Court (“B” report is one where Police investigate the case and then file a report to the court saying there is no substance in the complaint or there is no prima facie case as such). The case will then be closed.
Interestingly, the same K. P. Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P. Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience of his boss. Therefore, no matter how many Police officers the Lokayukta catches, it would be business as usual for these government officers including those of the IAS, IFS and IPS class.
It is said habits die hard. These two officers are from the Karnataka Administrative Service (KAS) who rose to the rank of IPS after years of service in the lower rank. It is universally known corruption at the lower level in the Police force happens on a daily basis and therefore even after the elevation to the IPS, the habit must have continued, sometimes consciously and sometimes unconsciously, as if it is a natural part of the job. Habits indeed never die.
At another level, it is not as if those who enter service directly from IPS are not corrupt. If only a honest and aggressive investigation is made into the wealth amassed and properties acquired by these officers (including the benami angle), one will find a can of sinister worms crawling all over the place. While a Police Constable may collect on a daily basis a few hundred rupees and on occasions a few thousands, these IPS officers (exceptions apart) make a killing in one deal and like the Python which after swallowing an animal lies languidly for months, these officers strut around with an aura of honesty, till the next victim comes by.
Be that as it may, the point to ponder is whether the government’s recruitment policy, specially in departments like Police, Excise and Revenue, needs to be changed to ensure the kinds of B. Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case they are recruited they must be dismissed from service if caught red-handed and found guilty, rather than merely suspending them, only to be reinstated later or let them off with minor punishment.
Just as in cases of rape or murder, the law relating to bail in cases of corruption too needs to be changed. The present law relating to bail for these offences seem to be very liberal and lax. When a person is sent to Judicial Custody, he is in jail only for a few hours. Soon he is shifted to a hospital under legal rigmarole and manipulation. Well, why not call it ‘hospital custody’ instead of “Judicial custody”?
Politicians, higher officials and the rich should be discouraged by the law courts from getting this “hospital custody”. Consider this: a politician is arrested for some misdemeanour or offence. He is found in the pink of health at the time of his arrest. But suddenly when he is produced before the court, he feigns illness of severe nature like chest – pain, high blood pressure or even unbearable back ache. Next, we see him being taken to a super – specialty hospital ward in the name of judicial custody instead of being treated in the prison. The same has happened in the case of K. P. Puttaswamy too.
Indian Express dated 1st December, 2009 reported: “While in Kolar jail, he (K. P. Puttaswamy) reportedly complained of chest pain and was taken to hospital. Puttaswamy was later shifted to Jalappa Hospital at midnight and admitted in the VIP ward.” A mockery of law and justice. A show of solidarity by the jail authorities and the doctors!
Considering the all – pervasive corruption in the Police Department, I have a lingering suspicion that most of the missing cases, murder cases, robbery cases, rape cases etc. are not detected at all, simply for the reason of corruption. Filing false complaints or threatening to file false complaint is another ploy employed by the Police. As a journalist, a number of people have come to me to get the complaint registered or if registered to get the case investigated. A couple of years back, the body of a small time planter in Kodagu was found hanging on a tree in the premises of the Race Club and despite the complaint, nothing happened. The persons named as suspects by the victim’s mother (a widow) and relatives were not even taken into custody for interrogation.
The victim’s relatives told me that the culprits had visited the jurisdictional Police Station in the city a couple of times. You can make your own inference.
The senior officers in the Police Department must review periodically all the undetected cases and put pressure on the Station House Officers to solve the cases and for this purpose periodically guide them. However, if the top officers themselves are of the Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy’s kind, God only should help the complainant. I am not aware if there is a psychological test for the candidates who appear for public service examinations — like the IPS, IAS, KAS — to find out the propensity of a person for making money by means fair or foul. I may sound harsh and it may even be illegal, but how about brain mapping under narcoanalysis test to find out the “mind” of the candidate? This day may not be far – off, if corruption continues unabated at this level.
Indira Gandhi was indeed right when she acknowledged corruption as a “Universal Phenomenon”, almost justifying it. No wonder she was also in a way responsible for the present run of corrupt officers in all our government departments and Constitutional institutions. We had always thought at least our Army and Judiciary are well insulated from corruption. Newspapers rarely carried any item relating to corruption in the Army and Judiciary. But today we have Army scams and Judicial corruption almost daily being written in newspapers and shown on TV. Lack of trust in the leadership in all areas of governance is worrying every citizen today. The situation indeed is grim. If a citizen cannot trust a Police Officer, Army General, Chief Justice of the higher court, where shall he go for his security and justice?
Are we as a country lost in the limbo of a democratic anarchy?
Tailpiece:
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!”

JUDICIAL ACCOUNTABILITY

Whether judges are appointed or elected it is their performance on the bench and their accountability for improper activities that is crucial.
While there is great debate as to how judges are put on the bench, the public’s dissatisfaction with the so-called independence of the judiciary and with the inadequacy of the judicial disciplinary machinery is disregarded by the Bench and Bar.
We say that our system of government is a democracy. Yet we have a judiciary with absolute power over our courts, unparalleled in history. This power is founded on judicial independence, judicial immunity and control over the Bar. Our system of government is based on separation of powers and does not allow such concentration of power in the judicial branch.
Florida is typical of the legal system throughout the country. Although the judiciary asserts immense power over the lives of individuals and the conduct of businesses, they have rendered themselves totally unaccountable to the public or to any other branch of government.
The judges and lawyers maintain their stronghold on the legal system on the myth that they are the guardians of the constitutional rights of the people and that the lawyers champion these rights in a court of law that is just and fair.
However, the legal profession has become big business, where justice is not the objective but, to keep the clock running for billable hours for the maximum profit. Although judges and lawyers hypothetically take an oath to uphold the laws and the constitution of the land, in many cases that oath might as well have been taken on the cook book, to brew up litigation to use the legal system for an assembly line conversion of the victim’s assets into fees, or to confiscate it outright.
Even if, there are some judges and lawyers dedicated to the proper administration of justice, unfortunately there are many who are not. To create fees, lawyers can litigate frivolous, false claims or defenses endlessly and can drag on a simple case for years. To stop the litigation, the attorneys can demand payment, a so-called settlement which in many cases is nothing more than a form of extortion. These practices not only harm the individual litigants but, is an unconscionable waste of the taxpayers’ money and clog up the court system.
Many judges acting in conjunction with attorneys, abuse the judicial independence given to them in trust and confidence of the people. The myth is dispelled when we are confronted by judges who disregard the rules; allow the distortion of facts sometimes to the point of perjury; exclude evidence; rely on laws which have no relevance to the legal and factual issues; issue decisions which fabricate facts and are contrary to the record; deliberately omit critical facts from the record; fail to follow the controlling law and precedent; or issue decisions without any stated facts or law; and approve unreasonable and unconscionable fees for attorneys. It is not unusual that property and money are taken from the victims without the required due process and the victims are left with nothing or a token of what they had or were entitled to.

Read about the best judges money can buy Click here Also please read Judges Don’t Care About My Life Click here. Judges should be made accountable for the time they spend on the bench Click here. A response to ABA praising judges Click here. A critical assessment of judges by former judge John Malloy click here. According to a poll take by an American Bar Journal survey more than half of Americans are angry and disappointed with the nation’s judiciary. A majority of the survey respondents agreed with statements that “judicial activism” has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are “arrogant, out-of-control and unaccountable.” To read go go to, http://www.abanet.org/journal/redesign/s30survey.html
To see the judicial selection method in the States go to
http://www.ajs.org/selection/sel_state-select-map.asp

CRIMES COMMITTED BY LAW COURTS IN INDIA
– An appeal to honourable supreme court of india

Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals.

Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.

Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.

As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?

The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can’nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.

Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.

Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.

Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons.

Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.

The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don’t provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?

Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?

In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.

In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge’s chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann’t even ascertain the validity of tapes , whether it is edited , doctored .

One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn’t have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.

The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.

We at e-voice has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk.

FAILURE OF INDIAN LEGAL SYSTEM

India equally faces greater threat from internal enemies – corrupt
public servants ( who are deadlier than pak terrorists). These corrupt
public servants sell everything , motherland , for money , for bribe.

Mumbai terrorists killed 200 people , where as a fake drugs
manufacturer kills thousands of people by selling fake drugs / fake
medicines. Drugs control department officials lets off many such such
fake drugs manufacturers , in turn killing thousands of innocents. The
number of end victims are huge than any terrorist attacks. This is
just one instance , in this way corrupt public servants of various
departments compromise with their official duties & murder scores of
innocents.

The corrupt public servants network , is oiled far better than italy’s
mafia. Common man doesn’t get justice , even if he complains to higher
officials , vigilance authorities or even court of law. As the bribe
booty reaches higher-ups & political bosses.. thus black money is
created.

The huge profits earned / black money created by criminal
industrialists / entrepreneurs , finds it’s way to money laundering
heavens. Thus our economy is crippled , public exchequer deprived of
it’s dues. The money thus laundered feeds terrorist outfits ,
underworld dons , in their criminal deeds.

Now , underworld / terrorist outfits are involved in huge real estate
business , film production / distribution , film piracy business ,
etc , to reap more illegal profits out of illegal money. This shakes
upside down our government’s fiscal policies.

Corruption in india has taken root & ever growing , due to the failure
of indian legal system. Right from the stage of complaint registration
by police to trial of case & final judgement , everything is
susceptible to manipulation by rich criminals. The saving grace is
still a few honest judges , police are there , who are swimming
against the tide of corruption & doing their public duties honestly.
In the following articles involving actual cases , one can see the
failures of various stages of legal system – registering FIR ,
investigation of case , prosecution-defense nexus , final judgement ,
etc .
If a corrupt public servant is apprehended , it is equal to depriving
100 terrorists out of funds , putting 100 criminals out of action.
Will the common man raise to give a befitting lesson to corrupt
public servants.

TORTURE CHAMBERS OF INDIA – 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA – Gross violations of human rights by police

At the outset , e – Voice salutes the few honest police personnel who
are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent
transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like
“Sherlock holmes” and apprehend the real criminals. nowadays , when
police are under various pressures , stresses – they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects.
Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill
them.
There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is
false
& biased. Take for instance there are numerous scams involving 100’s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents ,
tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching
government
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in
whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide
a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj
kumar.
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all
service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then
on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.

Nowadays , we are seeing reports of corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.

We at e – voice are for “Rule of Law” & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi’s dream.

CRIMINALS IN POLICE UNIFORM
– An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The
corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private
medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to
toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there
are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are
facing
charges of corruption , 3rd degree torture , lock-up/encounter
deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e – voice is ready to bring to book corrupt police officials subject
to
conditions, are you ready ?
8.how many police personnel are charged with violations of people’s
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?

CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? – WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?

New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and-run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel NDTV caught both lawyers in a “sting” operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.
“The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand… There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case,” observed the court, which had taken suo motu cognizance of the expose the day after it was aired.
“Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc,” said the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying it would not be “proper” to do so.
Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, “the unshakeable truth is that Mr Anand is guilty of criminal contempt of court”.
Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such “sharp practices”. “Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha,” noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills — “perhaps the reason why he was appointed Special Public Prosecutor in the BMW case”. High expectations over Khan fell apart when his conduct “betrayed the trust that prosecution reposed in him… what he did was perhaps beyond the realm of contemplation of the prosecuting agency”.
Chastising the two for their misconduct, the Bench said: “We are not dealing with a young lawyer who, driven by ambition and desire… transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar.”
The court forwarded a recommendation that the two be “stripped of their designations as senior advocates”. The High Court Registrar General will put up the court’s recommendation before Chief Justice AP Shah within a month.
In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi’s Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003.
High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi’s death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh’s son Jagat Singh in the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case
When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence.

Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ?

The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues.

CASH FOR JUDGEMENT

Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge’s house, said today that she was a “victim of a vilification campaign.”
Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that “some influential persons were trying to shift the focus on her to save the real accused.”
Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal’s clerk “mistakenly” delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court.
“Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month,” Justice Yadav said. “I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice.”
Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had “proceeded on leave.” She said she would not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to “maintain the highest traditions of Indian judiciary.” Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision.
It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role.
While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.
“Can’t a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh,” she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis.
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana’s Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal’s friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and Delhi-based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge.
•August 22: Justice Nirmal Yadav proceeds on leave

Caught in controversy is Solan plot that judge, 16 others purchased

CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.
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This purchase is said to have figured in the meeting between Justice Yadav and the High Court Chief Justice yesterday. Justice Yadav is said to have told the Chief Justice: “Can’t a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh.”
The purchasers and sellers obtained permission from the Himachal Pradesh Government under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a General Power of Attorney to Surinder Kumar (one of the partners among the sellers), who executed a sale agreement in favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi, a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector 11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.

Three booked in judge bribery case Haryana Addl Advocate General among booked

Chandigarh, August 16: Three persons, including Additional Advocate General of Haryana Sanjeev Bansal, were on Saturday booked for an attempt to bribe a Punjab and Haryana High Court Judge.
The other two are Bansal’s munshi Parkash, who had carried Rs 15 lakh to the residence of High Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based businessman who has a hotel in Karol Bagh.
The munshi was taken into custody while a police party has been despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was supposed to be handed over to some other public servant but was mistakenly delivered at Kaur’s house.
An FIR was lodged after Kaur complained to the police. She also reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get settled a criminal case pending in the High Court. The case is due to come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property deal he had struck with a resident of Panchkula. The money was supposed to be delivered to one Nirmal Singh and was mistakenly delivered at the judge’s house.
Verma, however, said the preliminary investigation had ruled out the possibility of the amount being related to any property deal.
“Bansal failed to give a detailed account of the cash. He produced some papers pertaining to some property in Panchkula but that did not carry any weight. Our investigations caught him on the wrong foot and, therefore, we booked him along with two others under the Prevention of Corruption Act and criminal conspiracy,” he added.
Bansal has been handling several high-profile cases. He is one of the dozen-odd Additional Advocate Generals appointed by the Haryana Government about two years ago.

Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad

* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format

If the Judges go corrupt, then it is GOD who will give one justice when one go to heaven or hell. It is a Irony that I filed a complaint against a District and Session Judge who later promoted to High Court of Allahabad. I wish the God will serve HIS justice to Hon’ble Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice at Rs 100000 per page!!

Here I am elaborating what had happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father’s property and in March 1994 they beat him and pulled his legs( just imagine the pain) making him handicapped for life. Then in court those guys were merely sentenced for 6 months in Jail, but they did not went for the jail for single day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal. It is a shame on Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years and even then not given the justice.

Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta.

It is the habit of Parashram and MohanLal to record the conversation while giving bribes on hidden audio recorder and the same cassette can be recovered if the authority try. It is been 8 months since I have informed various authorities by registered letters and phone calls from USA for no action till date.

I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance Officer for no action till date and the recording attached is from Sept 2002.

Similarly I have spoken with Mr. K. S. Rakhra who was posted as Registrar General but no action till date, and the recoding shown is from Sept 2002 too.

Even CBI has forwarded my letter to Registrar General, but no action is taken on that one too.

I have emaild my plea to few High court Judges too for no response.

I just hope GOD is there who will give some justice. But the corrupt Judges should stop imitating as GOD they are devil actually.

The only solution can be people make a limit. How much money a person needs. I often think about a story that a saint refused to take the food as he already got the food for today and he do not want to collect for tomorrow. But I don’t know why people want to generate money for 7 generations. If a careful analysis and investigation is done Umeshwar Pamdey has Black money worth 3 generations. I guess instead of Lakhs and Carore now corruption should be measured in generations.

Education is important. People need to understand the meaning of freedom truly. IF I say boldly India is still not free. People have mentality that they need to pay to Government officials for work. This mentality has to be removed.

Thanks
Rajeev

HC suspends judge over corruption complaints

AHMEDABAD: The Gujarat High Court has suspended a fast track court judge in Rajpipla after receiving several complaints of corruption and favouritism against her.

Rajpipla fast track court Judge DL Desai was suspended on Thursday evening after a primary inquiry held by the court’s vigilance department said that the complaints against her had substance. Further inquiry against her will be conducted by the department. Besides the complaint of favouritism in Rajpipla, where she was presently posted, the Desai was also accused of similar charges and issuing certificates without proper verification in Bharuch, where the she was discharging her duty as a principal district judge, the High Court authorities said.

The HC administration seems to be seriously taking the issue of corruption prevailing in Gujarat’s judiciary, as Desai’s is the fourth suspension in last three months. Earlier in May, a judge in Surat’s court, AN Vinjhola was suspended after similar complaints against him. The court administration also found him in possession of property out of proportion considering his known sources of income. Last month, two judges were suspended on charges of corruption. The Ahmedabad city civil Judge NM Thakor and KV Kakkad were also suspended by the HC after holding preliminary inquiry into complaints against them.

All the four suspended judges are now facing departmental inquiry.

FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER’S EXPENSE

New Delhi: CNN-IBN’s exclusive report on some judges using official trips to holiday, has sparked off the debate – should judges be above the purview of the Right to Information (RTI) Act?
RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well.
Questions are now being asked in South Block, too, following the expose on Supreme Court judges.
Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction.
“I think the judges must pay or should pay the amount to the government,” Bar Council of India Chairman SNP Sinha said in Patna on Wednesday.
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan’s 11-day trip to Pretoria, South Africa in August 2007 the route was – Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg, Victoria Falls, where the judge finally didn’t go and back to Delhi via Dubai.
Former chief justice YK Sabharwal attended three conferences in 2005 to Edinburgh, Washington and Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days converted into a private visit.
The travel plan included a detour from Washington to Baltimore, Orlando and Atlanta, before rejoining the conference route in Paris.
The First Class air fare for Sabharwal’s entire trip was paid by the government.
Activists are now renewing the debate on the RTI act applying to judges as well
RTI activist Arvind Kejriwal said: “It only underscores why the RTI needs to be applied to judges and judiciary.”
Just like Caesar’s wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable.

Failure of RTI Act in India
– In the clutches of corrupt public servants mafia

In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.

The corruption has spread it’s tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.

The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?

In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?

The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.

When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.

The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.

Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.

We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.

In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.

Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ?

Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?

In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ?

History of Corruption in Indian Judiciary since Independence: 1947 – 2003

1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him “guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…” [008.07].
Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples’ Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators.
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts’ easy-go-tactic. [049.04] [059.05 ]
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].
Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed ” To Do Complete Justice” by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court !
Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ]
1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld.
1996 AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement
1994 to 1997: A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting “special” treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion.
2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A] [049.05B] [049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani’s ” BIG EGOS, small men “. (b) Supreme Court , while he was CJI,directed a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani’s ” BIG EGOS, small men “.
2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to “fix” a case in her favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned
CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him.
2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn’t take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI filed its report. Gave clean chit.
March 2003 – Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records
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E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: ” The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”
Following Questions / Issues, inter alia , arise

( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its’ Impeachment Order had held thus:”While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent.” [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami’s case , Justice Ramaswami had held that ” Inquiring Committee” as well as ” Inquiry” have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee thus” Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority.”
(c) It will not be out-of place to mention here that Two of “Three Judges Committee ” appointed by CJI in Re. V. Ramaswami’s case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d ) If so how sure can we be that ” 3 Judges Committee ” appointed to invetigate ” 3 Judges Mysore Sex Scandal ” were un-biased or were above Board & have presented an accurate Report ?
Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges’ Mysore Sex Scandal
( a)” Will the Supreme Court Publicise Report of ” 3 Judges Committee ” ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of ” 3 Pillars of Constitution ” ?.
(d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said ” Supreme Court is filled with FERA violators & Bride Burners…” ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that “in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates’ places…drink…dine…” (1990 Cr LJ 2179 ) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?
________________________________________
LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India’s Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?
Conscience of Judiciary Shaken: Supreme Court of India: “Police Raj” it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?
“Police Raj” to “Judges Tyranny”: Judges serving all over India have formed an Assocition called ” All India Judges Association “. At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up ” All India Judicial Services ” & ” National Judicial Pay Commission “. Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court
Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.
But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.

India: Time to end the lethal lottery of India’s death penalty system

(New Delhi): The first major study into India’s legal judgements on death penalty cases has revealed that the system is riddled with fatal flaws and that the only remedy is to abolish the death penalty completely, said the study authors in New Delhi today.
Amnesty International believes that at least 140 people have been sentenced to death in 2006 and 2007. According to the latest available official figures, there were 273 persons on death row as of 31 December 2005. But this figure is likely to be considerably higher today.
The fate of these death row prisoners is ultimately a lottery. In the first comprehensive analysis of around 700 Supreme Court judgements on death penalty cases over more than 50 years, the authors expose a judicial system that has failed to meet international laws and standards relating to the death penalty.
Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry) have issued the study, Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006.
It is the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases. It demonstrates that:
• the administration of the death penalty in India has not been in the “rarest of rare cases” as claimed in the country
• on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants.
Dr V Suresh, President, PUCL (TN & Puducherry) said: “While the death penalty continues to be used in India, there remains a danger that it will be used disproportionately against ethnic minorities, the poor or other disadvantaged groups. There is only one way to ensure such inequalities in the administration of justice do not occur: the complete abolition of the death penalty.”
Amnesty International welcomes the current hiatus of executions in the country. The relative lack of executions in the last decade — one in 2004 — illustrates that the people of India are willing to live without the death penalty.
“India stands at a crossroads. It can choose to join the global trend towards a moratorium on the death penalty, as adopted by the UN General Assembly last year. It will also then join 27 countries in the Asia Pacific region which have abolished the death penalty in law or in practice.
“Or it can continue to hang death row inmates, when the judicial system that puts them there has been shown by this extensive research to be unfair,” said Mukul Sharma, Amnesty International-India Director.
The full report is available at http://www.amnesty.org/en/report/info/ASA20/007/2008 and a summary, at http://www.amnesty.org/en/report/info/ASA20/006/2008
Background:
The study of the courts highlights some of the main failings as:
• Errors in consideration of evidence – most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted sarcastically that the main witness’s memory constantly improved. His testimony at the trial three years after the incident was observed to be far more detailed than his confessional statement recorded a few days after.
• Inadequate legal representation – concerns included lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary.
• Anti-terrorist legislation – concerns include the broad definition of `terrorist acts’, insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence.
• Arbitrariness in sentencing – in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily.
• In the Bachan Singh judgment of 1980, the Supreme Court ruled that the death penalty should be used only in the “rarest of rare” cases. More than a quarter of a century later, it is clear that through the failure of the courts and the State authorities to apply consistently the procedures laid down by law and by that judgment, the Court’s strictures remain unfulfilled.
A total of 135 countries have abolished the death penalty in law or in practice, having realised executions are unacceptable. In 2007, only 24 countries carried out executions (China, Iran, Saudi Arabia, Pakistan and the USA were the main five perpetrators, accounting for 88 per cent of all known executions). See http://www.amnesty.org/en/death-penalty

Judicial nepotism rampant in India

April 12, 2007 by CyberGandhi
In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don’t appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.
NDTV discovered that this trend, where two judges or a group of judges have children practising in each other’s courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of India demanded the transfer of all judges whose relatives practised in the same courts.
A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other’s relatives.
He quoted eminent jurist HM Seervai: “Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge’s son as an advocate.”
“It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.”
The order sparked off a protest by judges in Punjab who took mass leave. Justice BK Roy was subsequently transferred, and since then, the order has been ignored.
“Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh.”
“The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited,” said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.
Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.
Limited directive
Finally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.
It completely skirts the issue of close relatives of a judge practising in the same court – the Uncle Judge or Son Stroke syndrome.
“There are complaints from all over the country that judges’ children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge,” said M N Krishnamany, President, SC Bar Association.
Judges are, in fact, expected to follow a code of conduct which points out that: “Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed.”
But is this distance really possible?
“If your son, brother or sister is practising in the same court, you can’t eschew close association with your son, daughter or brother.”
“Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising,” said Prashant Bhushan, Member, Committee on Judicial Accountability.
However, as figures show, this is clearly not the trend.
In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in Delhi High Court, the close relatives of nine sitting judges are practising lawyers.
Also senior lawyers feel that the children of judges are often favoured.
“That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position,” said Jaganath Patnaik, President, Bar Council of India.
“It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also,” said M N Krishnamani, President, SC Bar Association.
The public impression is that in order to get a favourable order, it’s better to hire a close relative of a judge to plead your case.
Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?
Ajmer Singh, Wednesday, April 11, 2007 (New Delhi), NDTV.COM

JUDGES IN PROVIDENT FUND SCAM ?

NEW DELHI: Faced with accusations having the potential to unhinge the traditional public perception of the judiciary’s clean image, the SC on Monday decided to examine the possible mode of probe into the Rs 23 crore illegal PF withdrawal scam allegedly involving 23 judges, including some from the HCs and one from the apex court.

The difficult question on the mode of probe was posed by a petitioner, who is the chairman of Advocates Welfare Trust and Bar Association of Ghaziabad — the place where the scam took place — even as CJI K G Balakrishnan had shown faith in the integrity of the judges by asking the UP police, which is probing the scam, to send questionnaires to the judges, whose names allegedly figured in the scam.

Unwilling to have the judges interrogated by the police at first go, SC had written to the UP police that if the response of those judges to the questionnaire did not satisfy the probe team, then it could send request for personal interrogation.

The request for interrogation in person would be considered on merit, the SC had told the police in a communication. Appearing for the Bar, senior advocate Fali S Nariman flanked by senior advocates Anil Divan and M N Krishnamani expressed concern over the scandal and also pointed out the possible dent in the image of the judiciay if an SHO was seen interrogating a judge.

Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M Panchal appeared undecided about the constitution of a committee as suggested by Nariman, it decided to seek the assistance of solicitor general G E Vahanvati to chart out a possible course to deal with the situation.

To keep the proceedings off the media glare, the bench decided to take up the matter in chamber on July 14, when Vahanvati and other senior advocates would make good their assistance to look for a way out of the problematic situation.

The petition said one Ashutosh Asthana, the Central Nazir in the judgeship of Ghaziabad, had allegedly confessed before a magistrate about his role in the PF scam and had allegedly mentioned the names of 23 judges who were beneficiaries of the ill-gotten money.

JUDICIAL ACCOUNTABILITY – APPEAL NO.3
1st October, 2009

To

Hon’ble Mr.Justice K.G. Balakrishnan
The Chief Justice of India

Hon’ble Mr.Justice B.N. Agarwal
Hon’ble Mr.Justice S.H. Kapadia
Hon’ble Mr.Justice Tarun Chatterjee
Hon’ble Mr. Justice Altamas Kabir
Supreme Court of India,
New Delhi.

Sirs,
Sub: Details of more acquisitions by Justice P.D.Dinakaran
Ref: Our Representations dated 09.09.09 and 17.09.09.
Subsequent to our earlier representations referred to above, additional information regarding amassing of further properties and exercise of judicial powers to decide cases in his own cause by Justice P.D.Dinakaran has emerged. The information furnished below also provides further documentary proof of his acquisitions detailed in our earlier representations.

I. Three housing plots from Tamil Nadu Housing Board near IT Corridor, Chennai in 2005.
1. In the year 2005, 3 plots of 3600 – 3800 sq.ft. each were obtained by Dr.Mrs. Vinodhini Dinakaran and the two daughters Amudha and Amirtha. The plots for the daughters were applied for first in the names of Mr.James Kuppusamy, father-in-law (then aged 83 years) and Mrs. M.G. Paripoornam, mother-in-law (then aged 73 years). The plots were allotted by the Tamil Nadu Housing Board at Sholinganallur Village Neighbourhood Scheme Phase III, Tambaram Circle, Kancheepuram District. Sholinganallur is a suburb near the IT Corridor of Chennai City and any property there is considered as prime property.

The allotments have been made in violation of many eligibility conditions prescribed by the Tamilnadu Housing Board.

The father-in-law and mother-in-law of Justice P.D.Dinakaran are learnt to have said in their applications to the Housing Board that they were not assessed to income-tax and their annual income was only Rs.56,668/- and Rs.49,200/-, respectively. Thus they were not even eligible for the allotment under the High Income Group for plots (annual income above Rs.90,102), from the Housing Board.
2. Shocking modus Operandi to secure property beyond limit under a public housing scheme and acting as Judge in own cause
i) Joint Applicants:

Three joint applications were made on 19.06.2002 for allotment by the Tamilnadu Housing Board by:
a) One V.Sarala (relationship not known) and Dr. Vinodhini Dinakaran (wife)
b) James Kuppusamy (father-in-law) and P. Vimala (sister of P.D.Dinakaran) and
c) J. Williams (brother-in-law) and Mrs. M.G. Paripoornam (mother-in-law)
(ii) Withdrawal of co-applicants:
The joint-applicants withdraw on the same date, 27.03.2003, thus leaving Dr. Vinodhini (wife), James Kuppusamy (father-in-law) and M.G. Paripoornam (mother-in-law) as the sole applicants.
(iii) Wife and in-laws Sole allottees:
Finally the allotment of one plot each was confirmed on 04.07.2003 by the Tamil Nadu Housing Board as follows:
(a) Dr. Mrs. Vinodhini Dinakaran, wife – 360 sq.m. Plot No.HIG II/25
(b) Mr. James Kuppusamy (83 years), father-in-law – 336 sq.m. Plot No.HIG II/43 and
(c) Mrs. M.G. Paripoornam (73 years), mother-in-law – 336 sq.m. Plot No.HIG II/44.

(iv) Cost of purchase:
The sale deed for the properties were registered on 01.09.2005 for Rs.6.90,770, Rs.5,15,900/- and Rs. 5,15,900/-, respectively. This is gross undervaluation. However, the Housing Board actually seems to have asked for escalated cost of Rs.8-11 lakhs. That the latter is the actual value is clear from the entry two days later on 03.09.2005 as shown below.
v) Transfer of property to daughters
Within two days of the sale, viz., on 03.09.2005, both the father-in-law and mother-in-law effect a ” settlement” of their plots on Justice P.D.Dinakaran’s daughters Amirthaporkodi Dinakaran and Amudhaporkodi Dianakaran, respectively, thus completely subverting and defeating a public housing scheme meant to serve those without property and in need of housing. The value of the property is shown as Rs.8,59,824/-. Within two days the value shoots up by 3.5 lakhs, which is the real value.
The Encumbrance Certificate dt.30.09.2009 and a translation of relevant entries are enclosed.
3. Allotments in violation of Rules:
The Tamil Nadu Housing Board allotments are in complete violation of the allotment Rules.
a) As per the Board’s condition No.1 for registration, not more than one plot per family can be allotted, whereas the father-in-law and mother-in-law of Justice P.D.Dinakaran have been given two separate plots. This condition was further defeated when the two daughters of Justice P.D .Dinakaran were given the plots on settlement, even as their mother had been allotted a plot.
b) According to condition No.1, a person owning any property in any town in India is not eligible to apply, whereas Dr. Vinodhini Dinakaran, who already owns property at No.28, East Park Road, Shenoy Nagar, Chennai was allotted a plot.
c) James Karuppusamy, the father-in-law and M.G.Paripoornam, mother-in-law with Rs.56,668/- per annum and Rs.49,200/- per annum, respectively, fell below the minimum eligible income limit for a High Income Group allotment, but were still given the plots. It is reliably learnt that these income details were declared by them in their applications in June 2002 to the Tamilnadu Housing Board.
4. Subversion of justice for personal gain
While Justice P.D. Dinakaran’s wife Dr. Vinodhini Dinakaran, his father-in-law and mother-in-law were beneficiaries of allotment of housing plots in the Sholinganallur Neighbourhood Scheme Phase III, and the Housing Board was yet to effect the sale in their favour, on the judicial side the judge decided W.P.No.9075/97 by his Order dated 29.01.2004 ( Kuresh A. Kapadia Vs. State of Tamil Nadu & others- 2004 (1) MLJ 630 ) and upheld the land acquisition for the very same Scheme. Consequently, the way was cleared for the Housing Board to effect sale of land to the allottees and Dr.Vinodhini and her parents were direct beneficiaries of Justice Dinakaran’s judicial order. The sale deeds were thereafter registered on 01.09.2005. This is gross abuse of office and subversion of justice.
II. Property at Ooty, Nilgris District, Tamil Nadu in 2009. (market value Rs.8 -9 Crores)
1. Document No.1078/2009 dt 28.08.2009 registered with Sub-Registrar I, Ooty: 4.5 Acres property with a bungalow in Survey No.4813/1C has been purchased in the name of Mrs. Paripoornam, wife of late James Kuppusamy, mother-in-law of Justice P.D. Dinakaran, at the end of August 2009.
2. The Government Guideline value of property in this area is Rs.150/-sq.ft., which works out to nearly Rs.3 crores for 4.5 Acres. The Government Guideline value published on the Registration Department website is enclosed. The market value is reported to be Rs. 8-9 crores approximately. The cost of the bungalow would be in addition to the cost of the land. However, the property was grossly undervalued at Rs.33,75,100/- as clear from the Encumbrance Certificate which is enclosed. The Registration Department has raised an objection under Sec.47-A of the Indian Registration Act and the dispute is pending.
3. It is learnt that the parents in-law did not have resources to support such investments, which is also apparent from their declarations in their applications to the T.N.Housing Board. Mrs. Paripoornam, mother-in-law of Justice P.D. Dinakaran retired as a Headmistress of a school and her husband James Kuppusamy retired as Assistant Foreman (Security) in Ooty and is no more.
III. Cost of properties at Shenoy Nagar and Anna Nagar, Chennai.
In our earlier representation we pointed out to the acquisition of property by Justice P.D. Dinakaran at Shenoy Nagar and Anna Nagar, Chennai. We now have further information and details in respect of the same.
A. Property at 27 & 28, East Park Road, Shenoy Nagar, Chennai, (Office Complex).
The Shenoy Nagar property seems to have been partly purchased before and partly after the appointment of Mr.P.D. Dinakaran as judge of Madras High Court
The Encumbrance Certificate dated 30.09.2009 for 28, East Park Road enclosed herewith reveals:
a) 3236 sq.ft. – purchased by Mr.P.D.Dinakaran and Dr. K.M.Vinodhini Dinakaran in 1990 for 5.5 lakhs and subsequently his share was settled in his wife’s name on 10.12.2001.
b) 2688 sq.ft. – purchased by Dr.K.M.Vinodhini on 15.07.2002
Since, the second purchase was undervalued proceedings under Sec. 47A(1) of the Indian Registration Act were taken and finally a stamp duty of Rs. 1.49,721/- was paid. As per Government Guideline value of Rs.1069/- per sq.ft., the cost was Rs.28,73,472/-
B. Property at J-81, Anna Nagar, Chennai, jointly purchased by Justice P.D. Dinakaran (Rs.37,85,040), Dr. Vinodhini Dinakaran (Rs.28,35,000) and Mrs. M.G. Paripoornam, mother-in-law (Rs.24,30,000/-) during 2005-2006 totals to Rs.90,50,040/-. (see EC sent with our Representation dated 17.07.2009).
IV. Loans availed
It is learnt that Justice P.D. Dinakaran and his wife Dr. Vinodhini have taken loans running to more than Rs.1.59 crores in recent years.
a) Dr. Vinodhini Dinakaran availed two loans from Indian Overseas Bank, Anna Nagar, Chennai (see EC dt. 23.09.2009 for 28, East Park Road, Shenoy Nagar, Chennai)
(i) 2007 – Rs.62 lakhs
(ii) 2008 – Rs.35 lakhs
b) Justice P.D. Dinakaran is reported to have taken loans as below:
(i) Bank of Baroda – Rs.56 lakhs
(ii) Government Housing Loan – Rs.6 lakhs
(iii) Provident Fund Loan
The Bangalore Mirror dated 20.09.2009 reports the loans mentioned at (i) to (iii) above. It is learnt that the required EMI payments for these loans are close to Rs.3 lakhs per month.
V. Other Violations
1. Chennai Metropolitan Development Authority approval plan dated 07.09.2007 granted to Dr.Vinodhini Dinakaran, sanctions an office building with stilt+4 floors at No.27 & 28, East Park Road, Shenoy Nagar, Chennai. However, 5 floors have been built. 5th Floor is wholly illegal, yet the CMDA has on inspection issued a Completion Certificate on 10.07.2008.
2. Earlier, we had detailed the encroachment of public property by the judge and his family in village Kaverirajapuram. We enclose herewith independent reports from national dailies and news magazines in this regard, which show that the dalits and the landless poor in the village are living in mortal fear and have been deprived of access to Government lands and common village properties because of the illegal encroachment by the judge and his family. The reports are as follows:
a) “The Hindu” dt. 23.09.2009,
b) “Mail Today” dt. 24.09.2009,
c) “The Indian Express” dt. 27.09.2009,
d) “The Pioneer” dt. 20.09.2009 & 21.09.2009,
e) “Outlook” dt. 05.10.2009.
VI. Operation – Personal Aggrandisement
A Fraud on Public Trust
Corporate façade: We have already set out in our earlier representations how hundreds of acres of lands are reported to be partly acquired by four companies, viz.,
i) Dear Lands (India) Pvt. Ltd.
ii) Amudham Gardens Pvt. Ltd.
iii) Amirtham Gardens Pvt. Ltd. and
iv) Canaan Gardens Pvt. Ltd.
The relationship of the Directors in the four Companies are given in the annexed chart. It will be seen that James Kuppusamy (father-in-law), M.G.Paripoornam (Mother-in-law), P.Vimala (Sister) and J.Williams (Brother-in-law) are persons of poor financial resources as given in their applications to the Housing Board in 2002 and were not even Income Tax payees then. Yet companies are incorporated in 2001 with substantial shareholdings shown for each of them.

Benami transactions: A cursory glance at the manner of acquisition of properties by Justice Dinakaran’s wife and children reveals a clear pattern. Properties are initially purchased in the name of the aged parents-in-law and subsequently “settled” in the name of Dr.Vinodhini (wife) or Ms. Amudha Dinakaran or Ms.Amirtha Dinakaran (daughters). For instance the 30% share in house site in Anna Nagar first purchased by Mrs.Paripoornam (mother in-law) was settled later to her daughter, Dr.Vinodhini Dinakaran (wife of the judge) on 21.08.2006 i.e. in less than a year. The remaining 70% share was bought jointly by Justice P.D.Dinakaran and his wife.

A similar pattern is evident in the Housing Board Allotments where the applications were made by the aged parents-in-law of Justice P.D.Dinakaran along with one other individual who subsequently withdraw the application and the final allotment is made in the name of the parents-in-law. Within two days thereafter, the parents-in-law have settled these properties in the name of the two daughters of Justice P.D.Dinakaran.

The expensive property in Ooty has also been bought in August 2009 in the name of the aged mother-in-law, Mrs.Paripoornam who is now close to 80 years.

Fraud on public exchequer: There is also systematic and gross undervaluation of the properties at the time of every registration of the sale deeds, in order to evade payment to the public exchequer.
The information and materials submitted by us so far, show clearly that the assets possessed by Justice P.D. Dinakaran, his wife and children are disproportionate to the known sources of his income. The so called ownership of properties by his extended family is an eyewash, as is clear from their financial status and the fact that the property is invariably given over by `settlement’ to either Justice P.D. Dinakaran’s wife Dr.Vinodhini Dinakaran or their two daughters. The veil of ostensible documentations and corporate operations cannot hide the fact that the real ownership lies with Justice P.D.Dinakaran, who has gained wealth through illegal and corrupt means.
As persons interested in the integrity and independence of the judiciary we are greatly alarmed and shocked at the machinations and deception by a holder of high judicial office. Using the immunity attached to the Constitutional post, Justice P.D. Dinakaran has with impunity committed acts which are illegal, immoral and unethical. Far from holding office in public trust, he has committed fraud and operated the system for personal aggrandisement. The moral authority of the judiciary to judge those who are brought to justice to face charges of corruption and public wrongs will be completely eroded if Justice P.D.Dinakaran is allowed to continue as a judge anywhere.
If Rule of Law has to prevail, we strongly feel and urge that
(i) an immediate investigation and enquiry should be initiated into the allegations against Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and action for his removal through impeachment should follow and
(ii) until the process of investigation, enquiry, impeachment and removal is over, Justice P.D.Dinakaran should not be allowed to discharge his judicial or administrative functions
This case also brings to attention the gaping void in our Constitutional law that does not provide for any immediate suspension of a judge of the higher judiciary, whose continuance so seriously compromises the integrity of the judicial system. While there are precedents, where a Chief Justice of a High Court or the Supreme Court of India can withhold allotment of judicial functions to a judge pending enquiry, there are no precedents where the conduct of the Chief Justice itself is in question.
We therefore appeal to you as members of the Supreme Court Collegium to intervene urgently to advise Justice P.D.Dinakaran, Chief Justice of Karnataka High Court to desist from exercising any judicial or administrative functions pending completion of an enquiry and a final decision on the same.

Yours faithfully,
sd/-
R. Vaigai
Sriram Panchu
Anna Mathew
S.S.Vasudevan
Geeta Ramaseshan
T.Mohan
N.L.Rajah
D.Nagasaila
Sudha Ramalingam
S.Devika

JUDICIAL ACCOUNTABILITY APPEAL NO.2

17th September 2009
Hon’ble Mr.Justice K.G. Balakrishnan
The Chief Justice of India
Hon’ble Mr.Justice B.N. Agarwal
Hon’ble Mr.Justice S.H. Kapadia
Hon’ble Mr.Justice Tarun Chatterjee
Hon’ble Mr. Justice Altamas Kabir
Supreme Court of India,
New Delhi.
Sir,

Sub: Further particulars with supporting materials Regarding Mr. Justice P.D. Dinakaran, Chief Justice of Karnataka.
Ref:Our earlier representation dated 9.9.2009.

We are forwarding further materials that we have received regarding Mr.Justice P.D. Dinakaran’s assets and his rather unusual judicial orders.
I. ASSETS & LAND GRABBING
A. Lands at Kaverirajapuram village.
More than 300 acres of land owned by the Judge and his family; partly held in his individual name and that of his wife and two daughters and by the following private companies. Enclosed within these fenced properties are nearly 150 acres of Government and village common land meant for community use.
• All the Companies were incorporated on 23.08.2001, after Mr. P.D.Dinakaran was appointed as judge of the Madras High Court.
• Annual Returns of all 4 companies state that all shareholdings are held by the Directors and their relatives.
Company Some Directors:
Dear Lands Pvt. Ltd.,
Kaverirajapuram village,
Tiruttani Taluk, Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran
2. Mr. J. Williams (reported to be Mr. Justice P.D. Dinakaran’s sister husband)
Amudham Gardens (P) Ltd.
Kaverirajapuram village,
Tiruttani Taluk,
Thiruvallur Dist. 2. Mr. J. Williams (mentioned as above)
3. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran
Amirtham Gardens (P) Ltd.
Kaverirajapuram village,
Tiruttani Taluk,
Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran
2. Mr. J. Williams (mentioned as above)
3. Dr. Kingsley Alfred Chandrasekaran (Brother of Mr. Justice P.D.Dinakaran)
4. Mrs. D.A.P. Kamalakumari Kingsley
(Son-in-law of Mr. Justice P.D.Dinakaran)
Canaan Gardens Pvt. Ltd.
Kaverirajapuram village,
Tiruttani Taluk,
Thiruvallur Dist. 1. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran
2. Mr.J.Williams (as mentioned above)
B. Urban Properties:
1. Another property at Shenoy Nagar, Chennai was owned by Justice P.D.Dinakaran. He settled the same in his wife Dr.Vinodhini’s name in 2001-2002. It is learnt that a loan of Rs.7 lakhs was taken by Dr.Vinodhini in 2002 from Corporation Bank, Anna Nagar, Chennai but was closed in 2004. In the last two years, a huge commercial complex has been built (photo enclosed – Annexure 6). Mr. Justice P.D.Dinakaran was seen frequently supervising the construction.
Recent estimates indicate that the cost of construction would be not less Rs.2.5 crores.
2. Justice P.D.Dinakaran acquired a residential plot of 4800 sq. ft. at J-81, Anna Nagar East, Chennai during 2005-2006 for a total cost of Rs.90,50,040 lakhs. The property stands in the joint names of the Judge and his wife Dr.K.M.Vinodini, as per the Certificate of Encumbrance on Property (Annexure 7).
Construction of a building with two floors and above is on. By any modest estimate, the cost of construction would so far would have been more than Rs.25 lakhs.
C. Other Properties:
There are strong reports of possession of extensive lands in other districts of Tamilnadu including the Nilgiris hills. This may be enquired into.
II. Inappropriate Judicial Orders Pointing to Bias & Corruption
A. In Madras High Court:
The unusual order passed by Mr. Justice P.D.Dinakaran in (279 ITR page 61) has already been referred to by us. Mr. Justice P.D.Dinakaran had allowed the Writ Petition, challenging the notice to reopen assessment falsely stating that a concession was made by the Counsel for Income Tax Department. His judgment has now been reversed by an Order dated 22.7.2009 in W.A.No. 766 and 771 of 2005 by the Division Bench presided by Mr. Justice Ibrahim Kalifullah. Relevant facts:
a). The I.T. Department issued notice to reopen assessment made on the basis of a complaint given by SEBI, regarding `insider trading’, alleging that the assessees had actually sold the shares to benamis at Rs.800/- per share and within one month thereafter, they sold the shares for Rs.5000 per share, who thereafter remitted the entire proceeds to the assessees. It was thus clear that it was not a simple case of long term capital gain and that income escaped assessment to be taxed as short-term capital gain. The price of the shares sold was to the tune of Rs. 22,53,17,050/- resulting in huge escapement of income chargeable to tax.
b). Writ Petition Nos. 10607, 10608 and 10628 to 10631 of 2005 were listed for admission on 31.3.2005 before Mr. Justice P.D. Dinakaran.
c). No prior notice was issued to the Income Tax Department, since in Madras High Court, Writ Petitions are listed for admission exparte.
d). The Madras High Court cause list of that date is enclosed, wherein only the name of Counsel for the Petitioner is printed (Items 45- 47).
e). Yet Mr. Justice P.D.Dinakaran strangely recorded that Counsel for the Income Tax Department `conceded’ that the impugned orders had been wrongly passed, even as the said counsel who happened to be present in the Court took notice.
f) At the admission stage itself, the Writ Petitions were allowed and Writ of Certiorari issued.
g) Judgment dated 31.3.2005 of Mr. Justice P.D.Dinakaran does not disclose the facts of the case, viz., the order of the Income Tax Department was based on the complaint by SEBI, instead merely sets out legal provisions and suddenly says:
“18. Mrs. Pushya Seetharaman, Learned Counsel taking notice on behalf of the respondent, fairly concedes that the objections of the Petitioners ……….. were not considered
19. Learned Counsel for the respondent also concedes that the respondent committed an error apparent on the face of the record.”
h) Writ Appeal Nos. 766 to 771 of 2005 were filed by the Income Tax Department with an affidavit of the Deputy Commissioner of Tax stating “the Writ Petition was allowed at the stage of admission itself without giving the Department an opportunity to file counter or present its argument in detail. We have verified this with our Standing Counsel and she says that she did not concede the matter.”
The Writ Appeals stand allowed now by order dt. 22.07.2009.
Extracts from the Madras High Court causelist dt.31.03.2005, the judgment reported in 279 ITR 61, the Grounds of Appeal and the Affidavit filed by the Deputy Commissioner of Income Tax are filed as Annexures 8 – 11.
B. In Karnataka High Court
i) Cases relating to Vinod Goel
— W.P. 8094 of 2009 Vinod Goel representing Jantakal Enterprises filed a Writ petition to lift and transport 1,17,800 (one lakh seventeen thousand and eight hundred) metric tonnes of iron ore which according to him was mined in the year 1985.
1985 Vinod Goel’s mining lease expired. According to him he obtained extension of lease.
1993 The mining area was declared a `reserved forest area’ and hence clearance under the Forest Conservation Act was mandatory.
1996 Accordingly he applied for clearance.
2008 Correspondence for clearance still continued.
2009 Vinod Goel asserted that minerals mined by him during 1965-85 were not cleared because there was no market for iron ore of grades less than 62% and 63%. The said mined mineral to the extent of 1,25,000 metric tones was lying in the dump for 24 years. He wanted permission to lift the material in 2009 as there was now a market for it. Since the ore was mined prior to 1985, the Forest Department could have no objection for the same.
02.03.2009 Chief Justice P.D.Dinakaran allowed the Writ Petition by order dated 02.03.2009 permitting the said Vinod Goel to lift and transport 1,17,800 metric tones of iron ore from forest land.
ii) Order contrary to earlier order
In W.P. No. 12028 of 2008, the Petitioner M/s Jothi Brothers was granted mining lease in Forest Land mistakenly treating it as Revenue land. The Division Bench comprising of Chief Justice P.D.Dinakaran and Justice V.G.Sabahit held that such mining lease was invalid and that there was collusion between the mining lessee and government officials to treat forest land as revenue land and obtain mining lease. The court not only directed an enquiry but also directed that damages have to be collected from the mining lessee.
However, in W.P.No.12028 of 2008, in an identical fact situation Vinod Goel obtained a very curious order.
A PIL was filed for cancellation of mining lease in S.N0.97 of Rajathadipura Forest Area in Tunkur District originally granted to one B.D. Hanuman Singh and subsequently transferred to Vinod Goel. The mining site was declared as a Forest in the year 1939 itself. As per Sec.2 of the Forest Conservation Act, 1980 no forest land can be diverted for non-forest use without the prior approval of the Ministry of Environment and Forest, Government of India. However the State Government granted mining lease treating it as revenue land and not forest land.
But in this case the very same Division Bench headed by Chief Justice P.D. Dinakaran directed Vinod Goel to give a representation to the State Government for grant of alternate land to an extent of 71.20 acres and directed the government to consider the representation and accord preference to the said Vinod Goel over other mining lease applications.
iii) Constituting a Full Bench to overrule a Div. Bench order when Supreme Court was considering validity of Div. Bench’s order
1992 Several persons filed application for grant of mining lease from the State of Karnataka.
17.02.2003 Even as these applications were pending, the State of Karnataka issued a notification dated 17.02.2003 de-reserving all lands earlier reserved by it in the year 1958 under the Mines & Minerals (Development & Regulation) Act, 1957.
15.03.2003 Notification calling for application from the general public.
— Writ petition Nos.18445 of 2003 & batch were filed challenging the notification dated 15.03.2003 on the ground that the application for mining leases were not considered by the Government on the wrong presumption that they were reserved, though the Act has no provision for reservation. They objected to the fact that applications of persons who applied pursuant to the notification dated 15.03.2009 were being processed and given precedence over their applications which were pending since 1992.
27.11.2006 Single Judge allowed Writ Petitions directing that applications should be considered as per the date of application and applications given pursuant to notification dated 15.03.2003 will be considered thereafter.
12.03.2009 Division Bench confirmed the order of Single Judge and the Writ Appeal Nos.850 and 1353 of 2007 were dismissed.
— In Supreme Court SLP Nos. 12100-12101 of 2009 were filed against the Division Bench order. Notice was issued but stay of operation of the order dated 12.03.2009 refused. SLP is still pending.
— Other writ appeals which were filed against Single Judge’s Order were posted for admission. When these Writ Appeals came up for admission before a Division Bench consisting Chief Justice P.D.Dinakaran and Justice V.G.Sabahit, the Court was informed that the Writ Appeals were covered by the order dated 12.03.09 in W.A. No.850 of 2007 and Batch. The Court was also informed that the State Government did not file SLPs against the order and the SLPs filed by private parties were pending.
— Chief Justice P.D. Dinakaran, however, referred the writ appeals to a Full Bench. He thereafter constituted a Full Bench headed by himself.
28.08.2009 The Full Bench overruled the order dated 12.03.2009 of the Division Bench in W.A.No.850 and 1353 of 2007 and held the applicants who filed applications prior to 15.03.2003 will be treated as having filed the applications on 15.03.2003 and could claim no priority.
The merits of the individual writ petitions were to be decided by the Division Bench.
28.08.2009 Same day, after the Full Bench order was pronounced, Chief Justice P.D. Dinakaran listed the entire batch before a Division Bench presided over by him and dismissed the entire batch.
It is learnt that the copy of the Full Bench Order and the Division Bench Order are yet to be received.
By this unusual procedure, Chief Justice P.D.Dinakaran through the Full Bench overruled the Division Bench’s decision, even as the latter’s correctness was being considered by the Supreme Court.
There are strong rumours that by this unusual process, a few business groups have been hugely benefitted.

Some of the judgments of the Karnataka High Court referred above are enclosed as Annexures – 12 to 14.
There is a spate of information that is pouring into our Forum alleging corrupt practices both moral and economic by Chief Justice P.D.Dinakaran. However, we have desisted from listing all of them without verifying their credibility. But we do feel that the reputation of Chief Justice P.D.Dinakaran definitely does not make him worthy of consideration for appointment to the Supreme Court and his addition will only diminish the image of the great institution.
The Supreme Court enjoys its powers because of the immense faith reposed by our people. Their confidence will be rudely shaken if a judge who has grabbed public property and has compromised public interest will be appointed to the Supreme Court.
We therefore request you not to appoint Mr.Justice P.D.Dinakaran to the Supreme Court of India and to initiate an enquiry into his conduct.
Yours faithfully,
FORUM FOR JUDICIAL ACCOUNTABILITY
Room No.2, I Floor,
45 Armenian Street,
Chennai-600 001

PROTECTION OF WITNESSES IN CRIMINAL CASES
• JESSICA LAL MURDER CASE & GUJARATH RIOTS

In the 7 year old jessica lal murder case , all the accussed –
children of rich & mighty have gone scot free , for lack of both
prosecution & witnesses. The culprits have forced the witnesses to
remain silent through the use of muscle & money power. The
investigating police official, from the beginning has done roughshod
work & also have played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The presiding judge of the court has overlooked many
omissions & commissions by the prosecution and in a hurry closed the
case , acquitting all the accussed. Reward for judge – promotion as
high court judge. In this way, the police-prosecutor-judge were
together ganged up against the victim from the beginning. Also, the
witnesses were afraid of brute muscle power of rowdies & rowdies in
khaki uniform.
Now, take the gujarath riots case. In the first place riot took place
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were against
the riot victims & closed one case after another, acquitting the
guilty. However the apex court got transferred riot cases out of
gujarath , under public pressure. However, even the apex court failed
to instill confidence , in the prime witness of best bakery case , the
apex court failed to positively reassure the witness of her safety &
livlihood. As a result , out of fear she became hostile- went on
changing her statements.
In this manner, numerous low profile cases involving commonman are
buried , witnesses silenced by the corrupt nexus of police-prosecutor-
judge. They don’t even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is needed.
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is needed.how
come some police officials , public prosecutors & judges are leading
luxurious lifestyles, beyond the scope of their legal income?
Recently in the media there was mention of a C.D of alleged
conversation between samajvadi party M.P mr.amar singh & U.P chief
minister , about influencing a high court judge & fixing a case. This
is the way our judiciary functions in india. Rewards for corrupt
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need of
the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of jessica lal murder case.

Reproduced from The Times Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On Innocents
Abhinav Garg / TNN

New Delhi:It’s been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.
Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What’s more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.
Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.
The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.
The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.
The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.
The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was’nt heroin but just parecetomal.
After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with “field testing kit” to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband.

SATYAM CO FRAUD – ARE YOU SINCERELY READY TO CATCH TAX THEIVES , CORPORATE CRIMINALS ?
– AN APPEL 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 mr. singh sir & mr.Yediyurappa sir ? If you are ready to do your duty look into the following cases , take appropriate action & kindly inform me about the outcome.

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.

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 58 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.

land scam in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka

When a crime is noticed , it is the duty of the government to
investigate who did it ? and to legally prosecute them in court &
provide justice . if thousands of criminals , lakhs of criminals got
together & did the same type of crimes , all of them must be legally
prosecuted. Just for the overwhelming numbers of criminals law of the
land cann’t be changed. However in the Karnataka state , many
political bigwigs , rich crooks have done the same crime , LAND
GRABBING – illegal possession of government land & illegal
constructions over it. Important land records of those government
lands , lands belonging to poor are lost in record rooms of civic
bodies ( cunningly destroyed by corrupt officials ) Now, their
political masters are legalizing the crimes . what a shame to the
government of Karnataka ?
The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the
legislative assembly is still probing the land grabbings in Karnataka.
However the government in a hurry , is auctioning – off those
government lands without proper publicity to the auction process ,
sufficient time for bidder’s expression of interest. In some cases , a
pittance is levied as penalty for the illegal occupation to get it
legalized. The government is not bothered about legally prosecuting
the illegal occupier of those lands. In many civic bodies , important
property documents belonging to the government & poor are missing from
the record rooms. All these point towards the government intention ,
to legalise the crimes of illegal land occupiers who are nothing but
their own political cronies.
The recent ordinance by government of Karnataka to regularize land
deals is envisaging to legalize the crimes of rich. The illegal land
conversions , land encroachments , encroachment of civic amenities
made by the rich are being legalized with levying a pittance as
penalty in the name of public welfare . Whereas the land worth at
today’s market prices are 10’s of thousands of crore it is only wefare
of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The
authorities evict poor tribal people from their ancestral forest area
in the name of conservation , evict tribal people from villages in the
name of development without proper rehabilitation measures. The
government is not giving land rights to slum dwellers , poor , dalits
over the land they are dwelling , the government is deaf to appeals of
dalits for land rights. However the same government is sympathetic to
rich who have encroached land & built huge commercial complexes worth
crores violating all norms with total disregard to civic amenity or
safety.
Hereby , HRW appeals to honourable supreme court of India , to annul
the bid process of government of Karnataka with respect to illegally
occupied government lands & to annul this ordinance of government of
Karnataka which seeks to legalize land crimes.

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

The recent attempts by government of India & other state governments
to legalise land grabbings by enacting new land laws in the name of
public welfare is farce . while crores of people are without shelter &
are living on streets , people in slums , tribal lands are struggling
for land rights since decades the governments were mum & deaf. Now ,
as the rulers themselves & their cronies have built illegal
constructions running into crores they are shedding crocodile tears in
the name of public welfare. In india, various state governments have
enacted ” town municipal / city corporation laws & building laws” , to
ensure orderly growth of cities & towns , to ensure the safety of
buildings & it’s occupants , to ensure the safety of pedestrians &
road users.
Numerous educated people , ruling elite – ministers , police ,
government officials , M.Ps , M.L.As , etc knowing fully well about
the laws have illegally built bungalows , commercial complexes ,
throwing to wind all laws. In their greed they have shown utter
contempt towards law. They have encroached dried –up lakes ,
rivulets , rain flow paths , drainages , foot paths , civic amenity
sites. In their building there are violations of- lack of fire safety
exits , lack of parking space , encroachment of foot paths ,
conservancy line , drainages , etc.
There is wide spread corruption in the corporation / municipal
authorities. For a price officials have converted CA sites to
commercial purposes , authorised deviations / encroachments of public
lands like foot paths , drainages , parking space , set-off , etc. The
corporation officials themselves are violating city master plans. Even
before authorising the conversions & encroachments of lands , the
corporation officials are not making alternate arrangements. By all
these corrupt deeds many of the corporation officilas have become
millionaires . however more & more road accidents are taking place ,
building collapses & fire tragedies are occurring , during heavy
rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF
HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken
place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE
DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT
ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government
of karnataka instead of protecting the PIL applicant & upholding the
law has taken sides with the land grabbers.
The state governments of karnataka & delhi has got M.L.As & officials
who have themselves violated building laws & grabbed govt lands. Now ,
the two govts are contemplating to bring in laws regularising these
land grabbing crimes for a pittance as penalty. All to by-pass
judiciary. The governments are least bothered about the lives of poor
& only too caring towards the land grabbing criminals. The same
governments have not yet given land rights to poor slum dwellers /
dalits , land rights to tribals living in forest since centuries ,
land rights to poor agricultural labourers, where as it is full of
concern towards rich & mighty land grabbers – criminals. Bottom line –
whatever be the magnitude of crime if you are rich & mighty law will
be bended to suit you , by bad luck if you are a poor folk you are
bound to suffer being on the right side of law also. Hereby , HUMAN
RIGHTS WATCH urges requests the honourable supreme court of india , to
register this as a PIL , to provide protection to the PIL applicant in
bangalore & to take appropriate actions against the GOK & GOD nipping
at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

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

LAND MAFIA IN KARNATAKA

The land mafia which has links with political leadership & top govt
servants in the state, is running business widely in & around
bangalore,mysore & other major towns. The authorities like city
corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the
lands meant for public welfare in favour of land mafia. The
authorities have earmarked these lands for public welfare ie parks ,
schools , hospitals at the planning stage itself for current & future
needs of the people. In most cases the land mafia has illegally
occupied the lands , built commercial complexes & sold it for crores
of rupees.
1. the authorities are not demolishing these illegal structures &
prosecuting the occupiers.
2. In some cases the authorities are denotifying , regularizing those
illegal occupations by levying a pittance as penalty which is very
much less than the market value.
3. In some cases for example a notified site for school is alloted to
an educational trust. They build 2 rooms in 25% of the site & state
that this is free school meant for weaker sections. After a year or
two , they state before the authority that to run this school they
need funds. So they are planning to build commercial complexes around
the school site & by the rent collected from shops they will run the
school. In this manner sites meant for schools , hospitals , temples &
other social organisations apply for conversion of land usage & use
major portion of the land for commercial purposes.
Hereby , our publication urges the govt of karnataka & other
authorities ,
1. to clearly demarcate the govt lands & announce it boldly to the
public.
2. To clearly demarcate lands meant for public amenities both for
current & future usage.
3. To clearly demarcate lands required for town planning say 20 years
down the line.
4. To clearly mention in such plans the purpose it is reserved for ie
parks , hospitals , schools , etc.
5. To impartially act against illegal occupiers – rich or poor.
6. Say while denotifying a land meant for school an alternate land for
school must be incorporated in the original plan.
7. Before denotification public objections must be called for &
considered responsibly.
8. After denotification the land must be sold at the market rate not
the govt rate.
9. In case of land usage conversion also the objections from the
public must be called for & considered responsibly.
10. After land usage conversion an alternate land must be incorporated
in the plan for the original use.
11. In case of land usage conversion also the occupier must be charged
at the market value.
12. To declare annually the property details of all officials with
denotifying / land usage conversion authorities together with details
of their family member’s properties with provision for public
scrutiny, cross checking.
13. To ruthlessly prosecute the corrupt officials & ministers.
14. To make public the report of past district magistrate mysore mr.
T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore.
Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT

Different political parties are trading charges against each other
about illegalities in the mysore-bangalore expressway project. Grave
mistakes have been committed by the previous state governments. The
saving grace is judiciary has taken note of it. The fundamental
principle behind land acquisitions by the governments is to use that
acquired lands for public welfare. As the govt acquires the land with
this noble intentions even the land looser contents himself with
compensation at govt rate. Always the govt rate is much below market
value. If at all the govt wants to give out that acquired land to a
private party for private use or for the use of a selected few, the
govt must give prevailing market rate to the land looser. In such
cases the govt does not have authority to force the land owner to sell
his property.
In this mysore-bangalore 4 lane expressway project, following
inconsistencies are there,
1. this road is not for free public use, but only for those who pays
the toll fees.
2. The luxurious resorts , townships , etc which are to be built
alongside this road are not open for free public usage but only for
the rich who can afford it.
3. The govt has concluded this deal in a hush-hush manner.
4. Any disputes raised by this project should be addressed to
international arbiter at london which a poor land owner or general
public can ill-afford.
5. The govt has not paid the prevailing market value to the land
loosers.
6. The govt has not given the option to land owners not to sell their
property.
7. This whole project is for rich , built by the rich for the rich &
not meant for public welfare.
The govt must give back the lands to the owners who wants it back &
must pay the market value to those willing to sell. As this project is
built by wealthy people for wealthy people why cann’t they cough- up
market value?

Raja faces heat as CBI raids DoT on 2G scam

Turning the heat on telecom minister A. Raja, the Central Bureau of
Investigation (CBI) has registered a case saying there was large scale
corruption in the allocation of 2G (second generation) radio spectrum
licences.
Raja, the second-time telecom minister in the UPA government, had
repeatedly denied any corruption in the 2G allocation to private
companies in 2008. The FIR filed by CBI on Thursday names no person
but merely mentions unknown officials of the department of
telecommunications (DoT) and unknown private persons and companies as
the accused.
The agency raided the DoT office in Sanchar Bhawan and the search for
incriminating documents was on till late night in the wireless
planning cell and in the office of the deputy directorgeneral (access
services) of DoT. Top bureaucrats of the ministry are under the CBI
scanner. The FIR confirms allegations of “serious irregularities” in
the award of the spectrum licenses and a criminal conspiracy woven
between DoT officials and certain private companies.
However, telecom minister A. Raja ruled out resignation in the wake of
CBI searches in his ministry. “The question of my resignation does not
arise. All decisions on spectrum licensing have been taken in
accordance with procedures laid down by Telecom Regulatory Authority
of India (Trai) and in consultations with the Prime Minister,” he told
reporters.
But the CBI FIR said, “The licenses were awarded to these companies by
putting a cap on the number of applicants against the recommendations
of the Trai. The licences to these private companies were given on a
first-come-first-served basis at the rates of 2001 – which were very
low – without any competitive bidding.” CBI has acted within days of
the Central Vigilance Commission ( CVC) asking for a comprehensive CBI
probe. “The CVC findings show the spectrum was not allocated at the
present market- driven price, no auction process was followed and no
bids were invited. We will now quiz senior DoT officials, including an
IAS officer,” a senior CBI official said.
“The scam could run up to Rs 22,000 crore. Firms which got the
licences at throwaway prices later sold their stake to foreign
operators at huge prices,” he added. SOURCES said the CBI probe will
concentrate on specific aspects like why DoT did not go for the
auction process in accordance with Trai guidelines and instead opted
for a firstcome- first- served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given the licences.
” CBI will further analyse documents to ascertain if the DoT had
cabinet approval for going ahead with its idea of not inviting global
bids for such a big project,” according to sources.
Two companies that got these licences in 2008 – Swan Telecom and
Unitech – are allegedly under CBI investigation. Swan Telecom got the
license for a mere Rs 1,537 crore. It then sold its stake to a foreign
operator at nearly three times the amount within a few months. Unitech
got the spectrum licence for Rs 1,650 crore from the DoT, which too,
sold its stake to a Norwegian company for over four times this amount.
” The end loser was the government, which could have earned thousands
of crores more,” said a CBI official.
In 2008, the government had issued new licences bundled with start- up
4.4 MHz spectrum at a fee of Rs 1,651 crore.
UNDER SCANNER
CBI will probe why DoT didn’t go for the auction as per Trai norms &
opted for a first-come-first-served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given licences.
The scam could run up to Rs 22,000 crore. Firms which got the licences
at throwaway prices later sold their stakes to foreign telcos at big
prices.
Two firms that got these licences in 2008 – Swan Telecom and Unitech –
are under CBI investigation.

BJP demands sacking of A.Raja over 2G spectrum scam

The Bharatiya Janata Party (BJP) on Monday reiterated its demand that
Telecom Minister A.Raja be sacked for his controversial role in the
allocation of 2G spectrum.
Addressing a news conference in the capital here this afternoon, BJP
General Secretary Arun Jaitely claimed that by allocating 2G spectrum
at prices that were in existence in 2001 and not what was the
prevailing rate in 2009, A.Raja had colluded in a fraud and loss of
more than Rs.60,000 crores, making it the largest scam in independent
India history.
“It is unfortunate that the Prime Minister has chosen to comment on
the innocence of the minister, even while the investigations are on.
There was no occasion for the Prime Minister to send such a signal to
the investigative agencies directly under him,” Jaitely said.
“This country has been robbed of a large amount of money by this
misdemeanour of the Telecom Department. The compulsions of the
coalition politics should not come in the way of an honest
investigation. Propriety requires that while the investigations are
under way, the minister should cease to be in office. His continuation
in that ministry is itself a deterrent to an honest and independent
investigation,” he added.
“The entire nation is closely watching this investigation. Let this
investigation not result in holding civil servants guilty and the
minister innocent. It was the minister who is the prime accused and
the civil servants were only carrying out his dictates,” Jaitely
further said.
He said that with the Central Bureau of Investigation registering a
regular case with regard to the allotment of spectrum for the 2-G
license issued by the Department of Telecommunications in 2007; the
offices of the Department of Telecommunications have been searched and
various documents have been seized, there was serious ground to assume
that an impropriety had been committed in the public domain.
“To Shri A. Raja’s statement that he had kept the Prime Minister
informed of what he was doing, the Prime Minister has said – ” I would
not like to join the issue in the public with my Cabinet colleague.”
Obviously, the Prime Minister is in no position to agree or disagree,”
Jaitely said. The allegations against Shri A. Raja and the officers of
the Department of Telecommunications are very clear, Jaitely said,
adding that the BJP had raised the issue in Parliament during the
Monsoon Session.
He said that the party had then demanded prosecution of the minister
and other officers under Section 13(1)(d) of the Prevention of
Corruption Act.
This provision provides for imprisonment of seven years, Jaitely said,
adding that Raja is primarily liable for this offence.(ANI)

2G row: Raja accuses NDA of Rs 1 lakh crore scam

NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has
alleged that the NDA Government had unlawfully allocated 2G spectrum
to some operators and reduced license fee without any approval from
the Cabinet or recommendation from TRAI. He alleged this has incurred
the government a loss of approximately one lakh crore rupees.
“On record it had been observed that the license fee was brought down
to Rs 1000 crore to benefit some of the operators. The whole spectrum
allocation and license fee reduction is estimated to have cost rupees
one lakh crore to the government,” alleged Raja.
While addressing the curtain raiser event of Indian Telecom 2009 here
today the minister also criticized BJP leader Arun Jaitley, who has
demanded his resignation, for defending a major operator in court.
“Arun Jaitley himself appeared before the court to defend an operator.
Now his legal brain is fighting with political brain. I don’t know
what will be the outcome,” said Raja.
Raja slammed the previous NDA regime for allocating excess spectrum
without any approval of the Cabinet and recommendation from TRAI.
“There was no policy of issuing beyond 4.4 MHz spectrum to an operator
but there were allocation made beyond 4.4 MHz to some of the
operators,” said the telecom minister.
Raja further added that despite clear orders which said that no
allocation should be made in the band of 900 MHz, NDA allocated
spectrum to some of the operators.
“The government has approved through clear orders that there should be
no allocation from 900 MHz spectrum band but willfully and ignoring
the law, this 900 MHz band was allocated to some operators during
NDA,” said Raja.
“There was allocation of 250 MHz spectrum without any upfront charge.
Additionally there was no revenue sharing for allocation of spectrum
beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their
ancestral property? I am the first minister to say that spectrum
allocation should be done on upfront charges,” said Raja.
He also said the NDA ministers did not go for TRAI recommendation and
also there was no revenue sharing.
The minister also said that the reduction in the license fee benefited
some of the operators.
However, Raja did not answer the questions on the amendment that were
made during NDA Government at the time of introduction of Unified
Access Service Licenses (UASL) on October 31, 2003, whereby it was
decided that the future licenses would not be given on ‘first come
first serve’ basis but should be auctioned.
On October 27, 2003, TRAI in its recommendation on UASL had opined
that on availability of additional spectrum additional players could
be added by multi-stage bidding process.
TRAI, in Section 7.39 of this recommendation, mentioned that “As the
existing players have to improve the efficiency of utilization of
spectrum and if Government ensures availability of additional spectrum
then in the existing Licensing Regime, they may introduce additional
players through a multi-stage bidding process as was followed for 4th
cellular operator.”

IMAGINE YOURSELF IN THE POSITION OF FOLLOWING PERSON TO UNDERSTAND THE PLIGHT OF MANUAL SCAVENGERS & VISIT Public Sanitation at the cost of Life http://tinyurl.com/yz6opd5 )

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July 12, 2009

TORTURE CHAMBERS OF INDIA

Filed under: Uncategorized — Tags: , , — Nagaraja M R @ 9:35 am

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

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 29 22 / 07 / 2009

Editorial : TORTURE CHAMBERS OF INDIA – 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA – Gross violations of human rights by police

At the outset , e – Voice salutes the few honest police personnel who are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate like
“Sherlock holmes” and apprehend the real criminals. nowadays , when
police are under various pressures , stresses – they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame
innocents & to extract false confessions from them , 3rd degree torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100’s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.

In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.

All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.

Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude &
knack for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of biggies
& must be put on detective , investigative works.

Nowadays , we are seeing reports of corruption by police & judges in the media and are also seeing reports of raids by vigilance authorities seizing crores of wealth from such corrupt police. Some Judges have also amassed crores of wealth. Who gives them money ? it is rich criminals , anti-nationals . By taking bribe & hiding the crimes of criminals , the corrupt police & judges are themselves becoming active parties in the crimes , anti-national activities. Those shameless , corrupt police & judges are nothing but traitors & anti – nationals themselves. When an innocent is subjected to 3rd degree torture to extract truth with justification by investigating agencies that all for the sake of national security , what degree of torture these corrupt , anti-national police & judges qualify for ? what type of aeroplane or helicopter the corrupt police / judges must ride ? ofcourse , for protection of national security. Here also police & judges have double standards , what a shame.

We at e – voice are for “Rule of Law” & abhor all type of violence. Truly these police & judges are not building a Ram Rajya of our Mahatma Gandhi’s dream.

Jai Hind. Vande Mataram.

Your’s sincerely,

Nagaraj.M.R.

CRIMINALS IN POLICE UNIFORM
– An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.

1.how many CBI officials & Karnataka state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?

2.how you are monitoring the ever increasing wealth of corrupt police
officials?

3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?

4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?

5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 , subsequent police complaints ?
is it because rich & mighty are involved ?

7.e – voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?

8.how many police personnel are charged with violations of people’s
human rights & fundamental rights ?

9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?

10.how you are ensuring the safety , health , food , living space of
inmates in jails?

11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?

TORTURE CHAMBERS OF INDIA

They are our own Gitmos. Where, far away from the eyes of the law, ‘enemies of the state’ are made to ‘sing’. THE WEEK investigates

By Syed Nazakat

Little Terrorist, as the intelligence sleuths came to call him, turned out to be a hard nut to crack. No amount of torture would work on 20-year-old Mohammed Issa, who was picked up from Delhi on February 5, 2006. The Delhi Police believed that he had a hotline to Lashkar-e-Toiba deputy chief Zaki-ur-Rehman Lakhwi, who later masterminded the 26/11 attack on Mumbai. At a secret detention centre in Delhi, the police and intelligence officers tried every single torture method in their arsenal-from electric shock to sleep deprivation-to make Issa sing. He stuck to his original line: that he had come from Nepal to visit a relative in Delhi. Only, they refused believe him.

According to the police, the youth from Uttar Pradesh, who had moved to Nepal in 2000 along with his family after his father, Irfan Ahmed, was accused in a terrorism case, returned to India to set up Lashkar modules in the national capital. More than six months after he was picked up, the police announced his arrest on August 14. He has since been shifted to the Tihar jail. His lawyer N.D. Pancholi said Issa was kept in illegal custody for months. If not, let the police say where he was between February 5 and August 15, he challenged.

Issa could have been detained in any of Delhi’s joint interrogation centres, used by the police and intelligence agencies to extract precious information from the detainees using methods frowned upon by the law. As one top police officer told THE WEEK in the course of our investigation, these torture chambers spread across the country are our “precious assets”. They are our own little Guantanamo Bays or Gitmos (where the US tortures terror suspects from Afghanistan and elsewhere for information).

Not many admit their existence, because doing so could result in human rights activists knocking at their doors and bad press for the smartly dressed intelligence men. It is a murky and dangerous world, according to K.S. Subramanian, Tripura’s former director-general of police, who has also served in the Intelligence Bureau. “Such sites exist and are being used to detain and interrogate suspected terrorists and it has been going on for a long time,” he told THE WEEK. “Even senior police officers are reluctant to talk about the system.” So are people who have been to these virtual hells that officially do not exist.

THE WEEK has identified 15 such secret interrogation centres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two in Kolkata and one in Assam. (One detention centre that is shared by all security and law enforcement agencies is in Palanpur, Gujarat.) Their locations have been arrived at after speaking to serving and retired top officers who had helped set up some of these facilities. Those who have spent time in these places had no idea where they are. They were taken blindfolded and were allowed no visitors. The only faces they got to see were those of the interrogators, day in and day out.

The biggest of the three detention centres in Mumbai, the Aarey Colony facility in Goregaon, has four rooms. The Anti-Terrorism Squad questioned Saeed Khan (name changed), one of the accused in the Malegaon blasts of September 2006, here. He was served food at irregular intervals (led to temporary disorientation) and was denied sleep. Another secret detention centre maintained in the city by the ATS at Kalachowky has a sound-proof room. Sohail Shaikh, accused in the July 2006 train bombings, was held here for close to two months. “He was kept in isolation for days together,” said an officer. “He crumbled after being subjected to hostile sessions. Intentional infliction of suffering does not always yield immediate results. Sometimes you have to wait for many days for the detainee to break. It is a tedious process.” The smallest of the three facilities at Chembur has just two rooms.

Parvez Ahmed Radoo, 30, of Baramulla district in Kashmir, was illegally detained in Delhi for over a month for allegedly trying to plot mass murder in the national capital on behalf of the Jaish-e-Mohammed. The Delhi Police’s chargesheet says he was arrested from the Azadpur fruit market in Delhi on October 14, 2006. But according to Parvez’s flight itinerary, he travelled from Srinagar to Delhi on September 12 on SpiceJet flight 850. The flight landed at Delhi airport at 12.10 p.m. He had to catch another flight at 1.30 p.m. (SpiceJet flight 217) to Pune, where, according to his parents, he was going to pursue his Ph.D. But he never boarded the Pune flight as he disappeared from the Delhi airport.

Parvez wrote an open letter from the Tihar jail, where he is currently held, in which he said he was arrested from the airport on September 12 and kept in custody for a month. Apparently, he was first taken to the Lodhi Colony police station and then to an apartment in Dwarka, where electrodes were attached to his genitals and power was switched on. (Delhi’s secret detention centres are located at Dwarka in south-west Delhi, the Inter-state Cell of the Crime Branch in Chanakyapuri in central Delhi, and the Lodhi Colony police station in south Delhi.)

“After my arrest on September 12, I was taken to Pune, where I was shown pictures of many Kashmiri boys,” Parvez said in the letter. “They wanted me to identify them. As I didn’t know any one of them, they brought me to Delhi again and threw me into the torture chamber of Lodhi Road [sic] police station. They took off my clothes and started beating me like an animal, so ruthlessly that my feet and fingers started bleeding. I was later forced to clean the blood-stained floor with my underwear. They gave me electric shocks and stretched my legs to extreme limits, resulting in internal haemorrhage. I started passing blood with my urine and stool. Later I was shifted to one flat near Delhi airport [he later identified the place as Dwarka]. From the adjacent flats, voices of crying and screaming had been coming, indicating presence of other persons being tortured.”

Throughout his detention, wrote Parvez, he was asked to lie to his parents that everything was fine. In the letter he also gave the mobile number from which the calls were made-9960565152. His family is trying to collect the call site details of the number to prove his illegal detention.
Delhi-based journalist Iftikhar Geelani, who spent nine days in the Lodhi Colony police station after his arrest in 2002 on spying charges, is yet to get over the traumatic experience. “There are lock-ups with such low ceilings that a person will not be able to stand,” he said. “There is an interrogation centre within the police station where people are brutally tortured with cables, and some are completely undressed and abused. They also have a facility to raise the temperature of the cell to a point where it is unbearable and then suddenly bring it down to freezing cold.”

Assistant Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied the existence of such facilities. “Nobody ever asked me the question [about secret detention centres],” he said. “We don’t operate any such facility in our police stations.”
But Maloy Krishna Dhar, former joint director of the IB, confirmed the existence of secret detention centres in Delhi and other parts of the country. He was convinced that detention outside the police station and torture are an inevitable part of the war on terrorism. “Now I would never dream of doing the things I did when I was in charge,” said Dhar. “But security agencies need such facilities.” Interrogating suspected terrorists at secret detention centres, he said, is the most effective way to gather intelligence. “If you produce a suspect before court, he will never give you anything after that,” he said. In other words, once you record the arrest you are within the realm of the law and you have to acknowledge the rights of the accused-arrested and contend with his lawyer.

An officer who worked in one of the detention centres admitted that extreme physical and psychological torture, based loosely on the regime in Guantanamo Bay, is used to extract information from the detainees. It includes assault on the senses (pounding the ear with loud and disturbing music) and sleep deprivation, keeping prisoners naked to degrade and humiliate them, and forcibly administering drugs through the rectum to further break down their dignity. “The interrogators isolate key operatives so that the interrogator is the only person they see each day,” he said. “In extreme cases we use pethidine injections. It will make a person crazy.”

Molvi Iqbal from Uttar Pradesh, a suspected member of the Harkat-ul-Jihadi-Islami who is currently lodged in Tihar, was held at a secret detention centre for two months according to his relatives. They alleged that during interrogation a chip was implanted under his skin so that his movements could be tracked if he tried to escape. “He fears that the chip is still inside his skin,” said one of his relatives. “That has shattered him.”

Kolkata has its own Gitmos in Bhabani Bhawan, now the headquarters of the Criminal Investigation Department, and the Alipore Retreat in Tollygunj, a bungalow that is said to have 20 rooms. They were bursting at the seams at the height of the Naxalite movement, but are more or less quiet now. “A large number of innocent people, as well as suspected terrorists, have disappeared after being taken to such secret detention centres,” said Kirity Roy, a Kolkata-based human rights lawyer. “Their bodies would later be found, if at all, in the fields.”

That was how militancy was tackled, first in Punjab and then in Kashmir. Today no secret prison exists in Kashmir officially after the notorious Papa-2 interrogation centre was closed down. But secret torture cells thrive across the state. The most notorious ones are the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar and Humhama in Budgam district. Then there are the joint interrogation centres in Khanabal area of Anantnag district and Talab Tillo and Poonch areas in Jammu region. Detentions at JICs could last months. Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking the whereabouts of the detainees and the charges against them without avail.

The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who was picked by the SOG from Alucha Bagh area in Srinagar on May 18. His family alleged that he was chained up, hung upside down from the ceiling and ruthlessly beaten up. He died the same night. Following public outrage, the officer in charge of the camp was dismissed from the service in June.

Maqbool Sahil, a Srinagar-based photojournalist who was held at Hariniwas interrogation centre for 15 days, says it is a miracle that he is alive today. “If you tell them [interrogators] you are innocent, they will torture you so ruthlessly that you will break down and confess to anything,” he says.
Human rights organisations are understandably concerned. Navaz Kotwal, coordinator of the Commonwealth Human Rights Initiative, said that there should be an open debate on the illegal detention centres. “The US had a debate on the Gitmos. Our government should come forward and respond to these allegations,” she said.

No one wants to compromise the nation’s safety, but the torture becomes unbearable, and questionable, when innocent people like the 14-year-old boy Irfan suffer (see box on page 30). The security of the country and its people is important and terrorism should be crushed at all cost. But the largest democracy in the world should also ensure that human rights are not violated.

Dhar defended the secret prison system, arguing that the successful defence of the country required that the security establishment be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the legal system. “The primary mission of the agencies is to save the nation both by overt and covert means from any terrorist threat,” he said. “But to keep the programme secret is a horrible burden.”
with Anupam Dasgupta

Forty secret interrogation cells unveil real face of India [The Nation] 05 Jul, 2009

Worlds oldest democracy United States may have been forced to close Guantanamo Bay detention centre, but the largest democracy India runs 40 such secret chambers across the country, where suspects are subjected to extreme interrogation for months and years.
A leading news magazine The Week in its forthcoming issue, accessed by KT News Service (KTNS), revealed the horror of torture chambers, far from the eyes of law.
The investigating team of the magazine identified 15 secret interrogation centres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two in Kolkatta and one in Assam. Officials admit that there could be more and roughly put their numbers at 40. In Palanpur region of Gujarat all security agencies share one detention centre, the magazine report said. It maintained that mostly suspects were brought blindfolded so they could hardly pinpoint the place, adding, the only faces they got to see were those of the interrogators.
The magazine quoted Parvez Ahmed Radoo, 30, of Baramulla district, a student in Pune University, who was illegally detained in Delhi, as saying that he, in his open letter, from notorious Tihar jail, wrote that electrodes were attached to his genitals and power was switched on during interrogation in the centre.
A large number of innocent people, as well as suspected terrorists, have disappeared after being taken to such secret detention centres, said Kirity Roy, a Kolkata-based human rights lawyer.
The report further said that in Kashmir, there were many interrogation centres like the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar and Humhama in Budgam district.
There are the joint interrogation centres in Khanabal area of Islamabad district and Talab Tillo in Jammu and one in Poonch.
It said that the lawyers in Kashmir had filed 15,000 petitions since 1990 seeking the whereabouts of the detainees and the charges against them without avail.
The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who was picked by the SOG from Aloochi Bagh area in Srinagar on May 18. His family said that he was chained up, hung upside down from the ceiling and ruthlessly beaten up.
He died the same night.
Quoting KS Subramanian, former Director General of Indian police who had also served in the Intelligence Bureau, the report said that these sites existed and were being used to detain and interrogate suspects and it had been going on for a long time.
An officer, who worked in one of the detention centres admitted that extreme physical and psychological torture, based loosely on the regime in Guantanamo Bay, was used to extract information from the detainees.
It included assault on the senses like sleep deprivation, keeping prisoners naked to degrade and humiliate them, and forcibly administering drugs through the rectum to further break down their dignity.

In India, Torture by Police Is Frequent and Often Deadly

By Rama Lakshmi

MEERUT, India — Rajeev Sharma, a young electrician, was sleeping when police barged into his house a month ago and dragged him out of bed on suspicion of a burglary in the neighborhood, his family recalled.

When his young wife and brother protested, the police, who did not show them an arrest warrant, said they were taking Sharma to the police station for “routine questioning.”

“Little did we know that we would lose him forever,” said Sunil Sharma, Rajeev’s brother, recounting how he died while in police custody. “Their routine questioning proved fatal,” he added, sitting beside his brother’s grieving widow.

Rajeev Sharma, 28, died at the police station within a day of his detention. Police said he committed suicide, but his family charges that he was beaten and killed.

The case highlights the frequent use of torture and deadly force at local police stations in India, a practice decried by human rights activists and the Indian Supreme Court. A little more than a decade after Parliament established the National Human Rights Commission to deal with such abuses, police torture continues unabated, according to human rights groups and the Supreme Court. According to the latest available government data, there were 1,307 reported deaths in police and judicial custody in India in 2002.

“India has the highest number of cases of police torture and custodial deaths among the world’s democracies and the weakest law against torture,” said Ravi Nair, who heads the South Asia Human Rights Documentation Center. “The police often operate in a climate of impunity, where torture is seen as routine police behavior to extract confessions from small pickpockets to political suspects.” He said that laws governing police functions were framed under British colonial rule in 1861 “as an oppressive force designed to keep the population under control.”

Police records show that, two weeks before his detention, Rajeev Sharma made a electrician’s service call at the home of a wealthy businessman. On that day, the man reported that $500 worth of gold jewelry and about $100 in cash were missing, police said.

After Sharma’s detention, his brother called the police station and was told that Sharma had confessed to the theft, he said. The brother said he and other family members rushed to the station and were able to see Sharma briefly.

“His eyes were red, his mouth was bleeding and he could hardly walk. They had beaten him very badly. That was the last glimpse we had,” said Sunil Sharma, 35. “By the evening, the police informed us that he had committed suicide in the lockup by hanging himself with a blanket. The suicide story is a coverup; my brother died of police torture.”

The death in police custody sparked two days of rioting and protests in Meerut, about 45 miles from New Delhi, in the northern state of Uttar Pradesh. Angry residents surrounded and threw stones at the police station, burned police vehicles and blocked traffic.

Thousands participated in Sharma’s funeral procession; protesters demanded an open inquest by a panel of physicians and the immediate arrests of those responsible.

Police conducted an autopsy in private, lawyers close to the case said. But authorities did issue arrest warrants for the man who said he had been robbed and for six police officers, an apparent reaction to the unusual popular outcry, family members and lawyers said. The merchant is in jail, alleged to have participated in beating Sharma, but the police officers apparently have fled, authorities said.

Although the Indian government signed the international Convention Against Torture in 1997, it has not ratified the document. Some members of Parliament have argued against ratification, saying they oppose international scrutiny and asserting that Indian laws have adequate provisions to prevent torture. Human rights advocates said Uttar Pradesh ranks highest among Indian states in the incidence of police torture and custodial deaths.

Some police officers justify the use of torture to extract confessions and instill fear.

“The police in India are under tremendous pressure, as people need quick results. So we have to pick up and interrogate a lot of people. Sometimes things get out of control,” said Raghuraj Singh Chauhan, a newly assigned officer at the station where Rajeev Sharma died. “After all, confessions cannot be extracted with love. The fear of the police has to be kept alive — how else would you reduce crime?” he added, fanning himself with a police file folder.

A senior police officer in Meerut, on condition of anonymity, openly discussed torture methods with a visiting reporter. One technique, he said, involves a two-foot-long rubber belt attached to a wooden handle.

“We call this thing samaj sudharak,” the officer said, smiling, using the Hindi phrase for social reformer. “When we hit with this, there are no fractures, no blood, no major peeling of the skin. It is safe for us, as nothing shows up in the postmortem report. But the pain is such that the person can only appeal to God. He will confess to anything.”

Last September, in a written ruling in a case of police misconduct, the Supreme Court criticized the use of torture. “The dehumanizing torture, assault and death in custody which have assumed alarming proportions raise serious questions about the credibility of the rule of law and administration of the criminal justice system,” the court said. “The cry for justice becomes louder and warrants immediate remedial measure.”

In addition, the severity of the torture problem is probably worse than statistics indicate, because victims, fearing reprisals, rarely report cases against the police, human rights advocates said.

“About 40 percent of custodial torture cases are not even reported. They are just grateful for God’s mercy that they are alive and free,” said Pradeep Kumar, a human rights lawyer who has represented police torture victims in Uttar Pradesh. “Torture sometimes leads to permanent disability, psychological trauma, loss of faculties.”

The National Human Rights Commission, led by a retired Supreme Court justice, has faced criticism that it is too dependent on the government and lacks enforcement power.

“We have not been able to build a human rights culture in the police force,” said Shankar Sen, a former police officer and an ex-member of the commission. “It is not only individual aberration but a matter of systemic failure.”

The commission has ordered that cameras be installed in police stations to monitor and deter police brutality.

“In the past year we have spent about $600,000 to equip most of the police stations in New Delhi with a camera. This will make police functioning transparent and have a big impact on torture,” said Maxwell Pereira, a senior police official in the capital.

But critics and families of victims said they had not seen changes. In a much-publicized case in New Delhi last fall, five policemen were charged with beating and killing Sushil Kumar Nama at a police station.

Nama had been detained on suspicion that he was working with neighborhood gamblers. Four of the police officers were arrested in April, but one remains at large, authorities said. Police officials denied that Nama was tortured, saying he died of a heart attack after he was released from custody.

“My two children are so traumatized that now they run home scared every time they see a policeman on the street,” said Nama’s wife, Rekha, 29. “They know that danger lurks behind that uniform. They are not policemen, they are wolves.”

On the wrong side of law

By Geeta Pandey
BBC News, Delhi

Chunchun Kumar

Chunchun Kumar’s wound is still raw

For Chunchun Kumar of Bihar’s Nawada district, it was just another evening as he lounged around at a tea stall in his village along with a friend.

But, then something happened that changed his life.

“It was 17 March of this year. There were six of them. When we first saw them, they were beating up the temple priest. He was lying on the ground, they were kicking and punching him,” Kumar says.

“Then they started hitting two other men. Then they came into the tea shop and they beat us black and blue. Then they fired at us.”

Kumar lifts up his shirt to show a bullet mark on his abdomen. The wound is still oozing.

The perpetrators were no ordinary criminals.

Says Kumar, “They were all policemen. I don’t know why they were angry. They were all drunk, they were like drunk elephants, they went on a rampage.”

The shocked villagers complained to the police authorities, and the offending policemen were suspended from duty and arrested.

‘Very serious’

Additional director general of police in Bihar Anil Sinha confirmed the incident.

“Two of the policemen who were inebriated vandalised the tea shop and began firing despite protests from their other colleagues. They were arrested and, although they have been released on bail, they are facing criminal charges.”

Kumar’s fight for justice recently brought him to the Indian capital, Delhi, where he narrated his story at India’s first National People’s Tribunal on Torture.

Activists say torture by police is rampant in India.

“The problem of torture is very serious. Today we have around 1.8 million cases of police torture each year in India,” says Henri Tiphagne of People’s Watch, an NGO.

Policemen in India

The police are often a law unto themselves, say campaigners

Mr Tiphagne says the victims mostly are from the poorer sections of society.

“They are generally the (low-caste) Dalits, the tribals and the Muslims. And torture is used by those who are in power, those who possess, the landlords and the companies who put pressure on the police to carry out torture,” Mr Tiphagne says.

Mr Anil Sinha says cases of human rights violations involving the police are “exaggerated” by activists.

“It’s a kind of stereotype being dished out by the NGOs and activists. And because police have a bad reputation, so people take such allegations to be correct.

“We do not condone any human rights violations by police in any manner, and such cases are rare. We have a mechanism in place to deal with such cases and penalise the guilty,” Mr Sinha says.

Shankar Sen, a retired police officer and former member of the human rights commission, says: “The policeman’s work is very complex, there are pressure on him to deliver results, the police are exposed to extraneous influences and pressures.”

But, he says, that does not condone torture. “It’s illegal, and as a policeman I know it doesn’t work.”

Mr Sen admits that police torture is prevalent. “Torture does take place, it’s very common, but it’s unacceptable. Some allegations against the police are shocking.”

Meenakshi Ganguly of Human Rights Watch says nearly every police station in India can be held guilty of torture.

‘Arbiter of justice’

In many parts of the country, she says, the situation is so bad that people will not got to a police station to file a case fearing prosecution and retribution.

“There is this pattern of impunity. The fact that police believe they can get away with it has added to the problem,” Ms Ganguly says.

“The greater problem is that an average policeman believes himself to be the arbiter of justice. Instead of going to the court, he himself is delivering justice.

Arun Kumar with parents PP Raju and Lakshmi

Arun Kumar’s mental age has been reduced to one year

“The policeman is not supposed to punish the criminal, he is supposed to catch the criminal,” she says.

For the victims of torture and their families, it is a long haul.

Arun Kumar of the southern city of Bangalore was picked up by the police after his employer suspected him of having an affair with his wife.

Kumar’s parents, PP Raju and Lakshmi, say their family home was ransacked, Kumar was taken to the police station where he was beaten up and tortured for days.

Unable to bear the pain and the trauma, Kumar drank pesticides in an attempt to kill himself.

He survived, but his parents say their son’s mental age has been reduced to one year – he is on medication and requires constant care.

The guilty policeman was suspended for a week, but reinstated later. The family has a long fight ahead of them.

‘Deterrence’

Says Mr Tiphagne, “A case I initiated in 1981 ended in 2007 with the dismissal of the officer. So I have hope in Arun Kumar’s case too.”

But, he says, this long wait can be a huge deterrence for even the most determined.

Henri Tiphagne of People’s Watch.

Mr Tiphagne says nearly 2 million cases of torture take place in India every year

“The torture at the police station ends, but the torture of institutions continues. It’s more of a psychological and mental nature, it is very challenging. Most people don’t have the courage to withstand that, very few survive that,” Mr Tiphagne says.

So while the victims continue to live with the trauma, most of the perpetrators get away.

They are also emboldened by the fact that India has no clear law on torture.

The country signed the UN Convention on Torture in 1997, but even 10 years later, it has not ratified it.

“We have to change our culture. We have to create awareness that torture is illegal. The civil society will have to get involved,” says Meenakshi Ganguly.

“People will have to get past the fact that torture happens only to other people. And once that happens, it will change,” she says.

Police Torture and Police Reform

INDIA: No to torture, establish rule of law!

The first Prime Minister of India Mr. Jawaharlal Nehru said “Police is standing on a quadrilateral from where they can protect and also violate human rights?” But it seems that his words are of no use in India today since there is an enormous increase in the incidents of police torture during past few decades.

It is apparent that police is the largest agency constituted with the purpose of establishing the rule of law and human rights. One can read into the Indian Penal Code, with certain difficulty, the prohibition against torture. Statements recorded from witnesses under Section 161 of the Criminal Procedure Code are not blindly admissible in a criminal trial. If the law is so, the next obvious question is then why do the police resort to torture?

The main reasons are feudal and colonial structure of police, scarcity of resources in the police department, political intervention and the lack of an independent agency to investigate the crimes committed by the police themselves. Modern investigation is unheard of within the police department. In addition, India’s feudal society condones the use of torture.

The definition of torture as envisaged in the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as an “act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

Section 176 (A) of Cr.P.C. have provisions for the investigation in the each case of custodial death. However, this section is not used in any case in the entire Uttar Pradesh state. Neither have any Magistrates issued search warrants under Section 97 of Cr.P.C. when persons were taken into illegal custody.

The Supreme Court of India had issued guidelines to be followed by law-enforcement officers at the time of arrest and questioning in the case D.K Basu vs. West Bengal. It is mandatory for the law-enforcement agencies to follow, but is been negated in the state. Regarding encounter killings, the National Human Rights Commission has directed the country’s police to register cases in every case of reported encounter killings. The Commission has also directed to send it a video of the post-mortem examination in each case of custodial death. This also is not followed in the state and to the information of the PVCHR anywhere in the country. The question than is what is the value of the Supreme Court and the NHRC in the country?

There is a provision for interim relief to be awarded as compensation under Section 19 of Human Right Act. Article 21 of Indian Constitution guarantees the right to life with dignity, which is also against torture. But torture continues unabated in the state. Do laws in the country have any meaning then?

If we look at the statistics, it is mostly the poor, the marginalised, the Dalits and the members of the minority and backward communities are subjected to torture. Those who have mafia gangs and known antisocial elements are not victims of this, cruel practice other than some rare occasions. Only the ordinary people are afraid of the police and the torture they practice. So does India have two types of citizens — the one with rights and those who do not have them?

Police along with the criminals have established the rule of the lords. Corruption and discrimination are no more mere practices, but the second nature of the police. Rule of law can be established without preventing police torture. Let us come together to enlighten ourselves and fight against torture to stop it and thus establish rule of law.

What you can do?

1) Protest on 26th June against the practice of torture by street plays, organising discussions and sending letters to the Prime Minister, and through press releases in newspapers condemning torture and inform us what you did;
2) Indian Government has signed the UN Convention in 1997 but has failed to ratify it. Send letters to the Prime Minister and the President of India asking them to require the government to accede the convention;
3) In protest of the cases of torture happening right under the nose of the National Human Rights Commission, organise a protest in front of the Commission;
4) Write letters to the editor of publications condemning torture;
5) To sensitize the people about torture and its forms, take down cases that you come across and send it to us so that we could follow it up on your behalf;
6) Write to the Supreme Court asking why its orders and guidelines are not followed;
7) Write to the government urging the government to provide resources to the police to function properly.

Thank you

Dr. Lenin Raghuvanshi
Convener – PVCHR
SA 4/2 A, Daulatpur
221002Varanasi
INDIA
Telephone: +91-9935599333
E-mail: pvchr.india@…

Guantanamo, Abu Ghraib… Bagram?
INVESTIGATION: US detention centre under suspicion as eerily familiar claims OF torture and rendition flights surface from the airbase on the outskirts of Kabul.

by Ian Pannell, BBC Afghanistan Correspondent

NOOR HABIB’S hands shake as he draws a picture of how he says he was abused. He claims that he was taken to a small, darkened cell where his arms were tied to the ceiling and he was made to stand in waist-deep water for six hours at a time.

[Mohammad Nasim says he was asked if he knew Osama Bin laden.]Mohammad Nasim says he was asked if he knew Osama Bin laden.

He says he was beaten, threatened with dogs, and deprived of sleep. He also claims there was nothing unusual about his treatment, “everyone else has the same story”.

Habib was an inmate at the Bagram Theater Internment Facility, an American military detention center outside Kabul. Now, for the first time, detailed allegations of widespread abuse and neglect have been made about this top-secret camp.

“I didn’t think a prison like Bagram ever existed on earth. It is a place that has no rules or law,” says Sabrullah, another ex-inmate.

Over a period of more than two months, we tracked down 27 former detainees. There were others, but they were afraid to speak or had been warned not to. Just two said they had been treated well. Many allegations of ill-treatment appear repeatedly in the interviews; physical abuse, the use of stress positions, excessive heat or cold, unbearably loud noise, being forced to remove clothes in front of female soldiers and in four cases, being threatened with death at gunpoint.

The account of an inmate known as Dr Khandan is one of the most harrowing. He says he was kept in isolation for months and treated worse than an animal: “They deprived us of sleep, they put us in a cold room and turned the air conditioning on and would take away the blanket. They poured cold water on you in winter and hot water in summer. They used dogs against us. They put a pistol to your head and threatened you with death. They put some kind of medicine in the water to make you sleepless and then they would interrogate you.”

All the men who spoke to us were interviewed in isolation and they were all asked the same questions. They were held at times between 2002 and 2008 and they were all accused of belonging to or helping al-Qaeda or the Taliban.

None of the inmates were charged with any offense or put on trial; some even received apologies when they were released. While none of the allegations can be independently verified, the ill-treatment they describe also appears in an inquiry by US Senators into the handling of detainees in US custody, and they match the findings of interviews with ex-inmates conducted by human-rights organizations and legal groups. They are very similar to the methods that were used at Abu Ghraib prison in Iraq and Guantanamo Bay in Cuba.

“The conditions at Bagram were harder than Guantanamo,” says Taj Mohammed. The camp has held thousands of people over the last eight years and a new multi-million dollar detention center is currently under construction.

Most of the inmates are Afghans but some were captured abroad and brought here under a process known as “extraordinary rendition”, including at least two Britons. The Obama administration says they are dangerous men and it classifies them as “terrorist suspects” and “enemy combatants” rather than “prisoners of war”.

It is a legal classification that critics say deliberately denies inmates access to lawyers or the right to appeal or even complain about their treatment.

The Pentagon has denied the charges and it insists that all inmates are treated humanely. We were not allowed to visit Bagram, nor was anyone made available for an interview. Instead, a spokesman for the US Secretary of Defense responded to written questions. Lieutenant Colonel Mark Wright insisted that conditions at Bagram meet international standards for care and custody. In a statement, he said: “Department of Defense policy is and always has been to treat detainees humanely. There have been well-documented instances where that policy was not followed, and service members have been held accountable for their actions.”

The US military said it would investigate any serious claims of abuse, but none of the men interviewed had been made aware of any formal complaints procedure.

But another former inmate, known as Mirwais, said: “They have no respect for human beings. They blame others for violating human rights. You just go and see how they violate human rights.”

Since coming to office, president Barack Obama has banned the use of torture and ordered a review of its policy on detainees, which is expected to report next month. But unlike Guantanamo Bay, the prisoners at Bagram have no access to lawyers and they cannot challenge their detention.

Tina Foster, executive director of the International Justice Network, a legal support group which is bringing a test case in the States to try to win representation for four detainees, says the inmates at Bagram are being kept in “a legal black hole, without access to lawyers or courts”.

She is pursuing legal action that, if successful, would grant detainees the same rights as those still being held at Guantanamo Bay, but the Obama administration is trying to block the move.

Last summer, the US Supreme Court ruled that detainees at Guantanamo should be given legal rights. Speaking on the campaign trail, Obama applauded the ruling: “The Court’s decision is a rejection of the Bush Administration’s attempt to create a legal black hole at Guantanamo. This is an important step toward re-establishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus.”

Foster accuses Obama of abandoning that position and “using the same arguments as the Bush White House”.

In its legal submissions, the US Justice Department argues that because Afghanistan is an active combat zone it is not possible to conduct rigorous inquiries into individual cases and that it would divert precious military resources at a crucial time. Pentagon spokesman Wright says: “Detention during wartime is not criminal punishment and therefore does not require that individuals be charged or tried in a court of law.”

Obama has also ruled against an earlier decision to release photos that show abuse of prisoners in US custody in Afghanistan.

Ex-inmate Esmatullah says he has trouble breathing when he thinks about Bagram, he gets nervous at the very mention of its name. Like many others, he also claims that he was beaten and threatened during interrogation: “The Afghan translator told me he has orders to take out my eyes, break my legs and hands. I said I am not afraid of dying. Then he hit me with a stick so hard that I had severe pains in my back for a month and a half.”

Unlike Abu Ghraib and Guantanamo Bay, Bagram has received scant attention so far. The men would like an official apology, recognition of the abuse they say they have suffered and compensation.

These revelations come at a time when president Obama is trying to re-set America’s relationship with the Muslim world and he is redoubling US efforts to win the war in Afghanistan. It is a controversy that has already attracted much attention in the Afghan and Pakistan media and seriously threatens to tarnish the image of the new Obama administration on both sides of this troubled border.

INDIA: Structural breakdown of the justice system must be addressed

The reports that appeared yesterday in the Indian media quoting ‘informed sources’ that the Tamil Nadu state police has decided not to produce detainees in courts exposes the extent to which the justice institutions have broken down in India. According to the provisions of the Criminal Procedure Code, 1973 it is the statutory duty of the state police to assist the courts in the country for its day-to-day functioning. It is also mandatory for the police to produce the detainees remanded to judicial custody before the courts, as and when required by the courts. Any decision by the police, express or implied, against this official duty must not go unpunished.

The decision of the Tamil Nadu state police is a wilful dereliction of official responsibility, negation of judicial supremacy and the very function of the police in maintaining law and order. The Asian Legal Resource Centre (ALRC) and its sister concern the Asian Human Rights Commission (AHRC) have been continuously reporting instances suggesting the systematic breakdown of rule of law in India, particularly concerning the police. The decision by the state police of Tamil Nadu to disregard the provisions of law, substantiates ALRC’s position that there are apparent and deep-rooted problems affecting the rule of law in India.

Lawyers engaged in professional misconduct, judges failing to perform duties and police officers committing crimes, assaulting persons and destroying property have become the defining characters of the justice dispensation system in the country. The structural breakdown is apparent. Yet, instead of gearing up to repair the ruptures, it appears that the government is forcing the people to get used to the reality.

The approval by the Government of India for recruiting, training and deploying Salwa Judum, in Chhattisgarh state, in the excuse of countering Naxalite activities in that state is an example. Salwa Judum is nothing but an armed mercenary group operating with impunity in Chhattisgarh. The Chhattisgarh state administration finds it convenient to arm a faction of organised civilians to fight anti-state movements like the Naxalites. By promoting Salwa Judum, the state is trying to absolve from its responsibility of maintaining law and order in its territory.

The Government of India, instead of preventing the Chhattisgarh state administration from continuing with the deployment of Salwa Judum, insisted yet another state administration, the Manipur state government, to resort to similar tactics in 2008. The same practice was implemented years ago in the state of Jammu and Kashmir during the time of rightwing BJP led government in India. Neither in Jammu and Kashmir, nor in Chhattisgarh or in Manipur, has the situation improved since then.

In the past two years, there has been an alarming increase in the number of extra-judicial executions reported from India. In the Indian context, such murders are referred to as ‘encounter killings’. As of now, there is no legal framework in the country by which an impartial enquiry and investigation is possible in a case of encounter killing. The practice is, a superior officer and later the court, accepts a report sent in by the police involved in the murder and no further action is initiated. The murder is often rewarded by the administration, so much so, there are more than three dozen ‘encounter specialists’ serving as police officers in various parts of the country.

Impunity for the police to murder and the lack of punishment trivialises the practice of custodial torture in the country. The practice of torture is widespread and is accepted as an essential requirement for law enforcement.

On June 15 this year, the Speaker of the Kerala State Legislative Assembly, Mr. K. Radhakrishnan, declared at the annual conference of police officers of the state, that the use of third-degree methods by the state police cannot be condemned. The Speaker during his keynote address argued that it is ridiculous to insist that the police officers in India respect human rights. According to him, it is difficult to do policing and respect human rights at the same time. He made it clear that when the police investigate a crime, it is natural and often required for the investigating officer to use torture to prove the case. Among those listening to these remarks were the Director of the State Police Training College and the Director General of Police.

Breach of law by the law enforcement agencies in the country meets no bounds. Corruption, nepotism and the disregard to the law flourish within state agencies, particularly in the police. The society quiver under the writ of fear when the law enforcement agents commit crimes with impunity. In spite of repeated and legitimate requests from national and international human rights groups and the thematic mandates holders of the UN like the Special Rapporteur on the question of torture, the Government of India has failed to criminalise the practice of torture or to ratify the Convention against Torture.

In fact, the government has failed in implementing the directives of its own Supreme Court. The directives of the Supreme Court in the Prakash Singh case are yet to be implemented in the country. The implementation of the Court’s directives is important for improving the state of policing in India, since half of the issues concerning the police, including the practice of torture and participation in crimes by the police officers, are carried out at the behest of corrupt politicians in the country. Having a law against torture while the ultimate writ above the police entrusted with a corrupt politician will not improve policing in India.

It is in this context that the protest called in by the Tamil Nadu state police becomes relevant in exposing and addressing the situation of rule of law in India. The very fact that the police can intentionally negate the supremacy of law shows the vacuum of authority in the country. The incident illuminates the impunity that the police have enjoyed so far that they have now dared to openly challenge judicial supremacy.

Instead of actively engaging in the situation, the Tamil Nadu state government has allowed the police to continue with their follies. The police action on February 19 inside the compound of Madras High Court that injured police officers, lawyers, judges, court staff and ordinary persons is not of such triviality that it could be resolved by a fast declared by the state Chief Minister. The police-lawyer confrontation and the subsequent sequels of non-cooperation between three important limbs of the justice dispensation system of the country is not an issue that can be camouflaged with political gimmicks and ignored.

The February 19 incident is the clarion call for intervention by a system, which is left to breakdown and disintegrate. The subsequent protest orchestrated by the state police refusing cooperation to the functioning of the judiciary is a failure of the constitutional machinery that require a legitimate intervention by the Government under Article 356 of the Indian Constitution. The failure of the Government of India to take affirmative actions to correct and revitalise its criminal justice system poses legitimate challenges to India’s democracy and the country’s position in the UN Human Rights Council.

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

October 2, 2008

Public complaint to DGP

Filed under: dalit human rights — Tags: — Nagaraja M R @ 11:41 am

e – Clarion Of Dalit monthly newspaper on web

working for the rights & survival of the oppressed


editor: NAGARAJ.M.R………VOL.2 issue. 10…………..07 / 10 / 2008

<a href=”http://www.amnesty.org”><img border=”0″ alt=”Support Amnesty International” title=”Support Amnesty International” src=”http://www.amnesty.org/images/banners/banner2-red/banner2-468×60-eng.jpg”/></a&gt;

 

Editorial: PUBLIC COMPLAINT TO HONOURABLE DIRECTOR-GENERAL OF POLICE , GOVERNMENT OF KARNATAKA BANGALORE

Respected sir,

I have made a complaint to your honourable self on 10/12/2004 regarding human rights & fundamental rights violations , at a press meet organized at  PATRAKATARA BHAVANA , MYSORE. Till date no action has been taken , when I asked your office questions about human rights , fundamental rights violations , corruption & other crimes as per RTI ACT , they just gave me half truths. Hereby I do once again request you to take appropriate action on the above said complaint & to give me full truthful information  to my RTI application..

The concerned public servants  belonging to central government , state government & statuotary bodies , have failed to provide complete truthful information to us , let alone justice. Hereby we do request  you to register this as  complaints / FIRs against the below mentioned / respective public servants – the websites of case details are given before their names

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,

UNION HOME SECRETARY , GOI , NEW DELHI –


http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,

DG&IG OF POLICE , GOK , BANGALORE –


http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,

MUDA COMMISSIONER , MUDA  , MYSORE –


http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,
http://crimesatmudamysore.wordpress.com/ ,


BDA COMMISSIONER , BDA , BANGALORE –


http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

BDA COMMISSIONER ,CRIMES OF BDA

http://crimesofbda.blogspot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/289 ,

MUDA COMMISSIONER ,CRIMES OF MUDA

http://crimesatmudamysore.wordpress.com/ ,
http://manivannanmuda.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/288 ,

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –

http://citizensofindiavssupremecourtofindia.blogspot.com/ ,
http://indiancitizen.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/269 ,

HONOURABLE JUDGE OF THE RESPECTIVE COURT –

http://crimesofsanjaydutt.blogspot.com/ ,
http://crimesofsanjaydutt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/265 ,

CONCERNED PUBLIC SERVANTS –

http://tortureoftribals.blogspot.com/ ,
http://tortureoftribals.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/284 ,

UNION HOME MINISTER GOI  –

http://crossexamofhomeministergoi.wordpress.com/ ,
http://crossexamofhomeminister.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/243 ,

HONOURABLE CHIEF JUSTICE OF INDIA  –

http://crossexamofchiefjustice.wordpress.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/221 ,

CONCERNED PUBLIC SERVANTS –

http://foreignspy.wordpress.com/ ,
http://foreignspy.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/76 ,

CONCERNED PUBLIC SERVANTS –

http://hangthecorrupt.blogspot.com/ ,
http://hangthecorrupt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/231 ,

CONCERNED PUBLIC SERVANTS –

http://uniformcivilcode.wordpress.com/ ,
http://uniformcivilcode.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/237 ,

CONCERNED PUBLIC SERVANTS –

http://priceofcorrupt.blogspot.com/ ,
http://priceofcorrupt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/197 ,

CONCERNED  POLICE & PUBLIC SERVANTS –

http://narcoanalysisindia.blogspot.com/ ,
http://narcoanalysisindia.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/16 ,

CONCERNED PUBLIC SERVANTS –

http://indiahanging.blogspot.com/ ,
http://indiahanging.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/178 ,

CONCERNED POLICE OFFICIALS –

http://3degreepolice.wordpress.com/ ,
http://3degreepolice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/215 ,

CONCERNED POLICE OFFICIALS –

http://rowdiesinuniform.blogspot.com/ ,
http://rowdiesinuniform.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/185 ,

CONCERNED POLICE OFFICIALS –

http://murdersbypolice.wordpress.com/ ,
http://murdersbypolice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/215 ,

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA  –

http://scopeneye.blogspot.com/ ,
http://scopeneye.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/220 ,

HONOURABLE CHIEF JUSTICE OF INDIA

http://crosscji.wordpress.com/ , http://crosscji.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/221 ,

HONOURABLE CHIEF JUSTICE OF INDIA

http://crimesofsupremecourt.wordpress.com/ ,
http://crimesofsupremecourt.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/222 ,

CONCERNED  JUDGES OF INDIA

http://corruptindianjudges.wordpress.com/ ,
http://corruptindianjudges.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/225 ,

CONCERNED PUBLIC SERVANTS , DEPT OF EMPLOYMENT & TRAINING , GOK –

http://antidalit.wordpress.com/ ,
http://antidalit.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/211 ,

CONCERNED PUBLIC SERVANTS –

http://ojihadi.wordpress.com/ ,
http://ojihadi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/172 ,

CONCERNED VVIPs –

http://noticetopublicservants.wordpress.com/ ,
http://noticetopublicservants.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/206 ,

labour commissioner , gok

http://crimesatrpg.wordpress.com/ ,
http://crimesatrpg.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/218 ,

UNION FINANCE MINISTER , GOVERNMENT OF INDIA –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196 ,

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196 ,


CONCERNED POLICE OFFICIALS & PUBLIC SERVANTS –

http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214 ,

BDA COMMISSIONER , BANGALORE

http://landscam.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212 ,

CONCERNED PUBLIC SERVANTS –

http://landscam.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212 ,

CONCERNED CBI OFFICIALS –

http://theftinrbi.wordpress.com/ ,
http://theftinrbi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/80 ,

CONCERNED OFFICIALS OF FOOD & DRUG ADMINISTRATION –

http://deathcola.blogspot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201 ,

GOVERNOR , RESERVE BANK OF INDIA & MANAGING DIRECTOR, BRBNMPL

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.rediffblogs.com/ ,

http://theftinrbi.wordpress.com/

the concerned public servants by denying complete truthful information to public , are in turn hiding crimes , shielding criminals , aiding &  abetting criminals . they are violating public’s fundamental & human rights and are obstructing the from performing their FUNDAMENTAL DUTIES. Hereby , we do request you to take appropriate steps & to provide justice. thanking you.

On-line complaint no :  DARPG/E/2008/10623

Date : 27.09.2008                                                 Your’s sincerely,

Place : Mysore                                                      Nagaraj.M.R.

Raid  by  Karnataka lokayukta on police officials

seizure of crores worth illegal wealth

KINDLY REVIEW ALL THE PREVIOUS OFFICIAL ACTIONS OF THESE CORRUPT OFFICIALS AS THERE ARE EVERY POSSIBILITY OF INNOCENTS SUFFERRING INJUSTICES & RICH CRIMINALS GOING SCOT FREE.

in our neighbourhood , in our society private sector employees earning rs.10000 monthly income are finding it hard to meet ends , whereas many of the government officials earning lesser salary than that are leading luxurious lifestyles , how ?

Just yesterday Karnataka lokayukta raided & apprehended high police officials for possessing crores worth illegal wealth much above their stated legal incomes.

recently in the last week Karnataka lokayukta raided , seized illegal wealth of corrupt police , transport officials. The corruption is wide spread in public service including Karnataka lokayukta , central vigilance commission & CBI itselves. In 2006, when Karnataka lokayukta arrested 5 corrupt police officials & taking them in police jeep , 2 corrupt police officials escaped like petty criminals in cinematic manner.

There are vast number of corrupt public servants who are continuing their crimes unabetted due to their sharing arrangements with their higher ups. Only a minute number of corrupt are being booked, by the efforts of honest few in Karnataka lokayukta , CVC & CBI . The paradox is that the government instead of legally prosecuting those criminals – corrupt officials , is sitting over their files for years & have reinstated , promoted tainted officials.

Why do rich people / criminals pay bribe to police ? definitely not for charity , but not to mention their names in the FIR , to let them continue their crimes unabetted , to suppress evidences / witnesses , not to make their arrests , to conduct improper investigations , to close a case with B report , not to produce evidences / witnesses before the court , to fix-up poor innocents , to force the poor innocents to do the bidding of rich criminals , etc .

As a result of these sell out of police duties , rich criminals are going scot free , poor innocents are suffering in jail & corrupt police are amassing illegal wealth.

In the same way corrupt health department officials / doctors are selling out post mortem reports , medical certificates for a price , giving out certificates of legal compliance to adulterated food / medicine manufacturers , thereby killing thousands of people in their selfish greed to make more money.

The labour / pollution control board officials are selling out certicates , to criminal industrialists who are indulging in unfair labour practices , occupational hazards , thereby killing poor people , in their greed to make a fortune.

The tax officials are making lesser / favourable tax assessments favouring  industrialists /traders for a price, aiding them to evade tax. As a result the public exchequer is loosing money , for it’s social welfare , defence , other programmes. The ill-gotten wealth of industrialists / traders ie BLACK MONEY is disturbing our national economy & finding it’s way to underworld , mafia & terrorist outfits.

The corrupt police , tax officials , public servants are worse parasites than britishers . the threat & damge to india’s security , integrity is more from these criminals – corrupt public servants than from USA , CHINA or PAKISTAN.

God save my country . jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

AN APPEAL TO HONOURABLE KARNATAKA LOKAYUKTA , CENTAL VIGILANCE COMMISSIONER & DIRECTOR CENTRAL BUREAU OF INVESTIGATION

Hereby , we do call upon Karnataka lokayukta , central vigilance commission & CBI

  1. To stop accepting all government officials  reports , reports as sacrosanct documents , most truthful evidences.
  2. to publish wealth details of it’s own staff & all public servants department wise annually with provision for cross verification by public.
  3. to make it mandatory for all public servants including judges , constitutional functionaries to submit annual wealth statements on affidavit & to make it public with provision for cross verification by public.
  4. to initiate legal action for those giving false statements on affidavit.
  5. the corrupt public servants who intentionally give false information or hide information under one pretext or the other while information is sought under RTI Act , all with a view to hide crimes must be legally prosecuted as criminals as in normal legal recourse persons who help criminals in destroying evidences , crimes are prosecuted.
  6. the corrupt officials don’t leave evidences in open. Their higher ups who have taken kick backs from their corrupt subordinate always give a favourable report about him. So, during legal prosecution those reports must not be relied upon. In fact , there is a gross mismatch between government reports & ground reality. Take for example , in mysore construction is going on in INFOSYS campus on huge scale . most of the construction workers are not even covered by statuotary requirement  of ESI , PF. The occupational hazards are more , accidents are common place , recently even deaths of workers  have occurred due to occupational hazards . in the media also it was reported , in the media report it was even mentioned that vijayanagar police have registered a case & investigating. However  when the information about it was sought from labour commissioner of Karnataka as per RTI Act , assistant labour commissioner of mysore has stated that no occupational deaths have taken place in either 2006 or 2007. SEE THE GROUND REALITY IS DIFFERENT WHEREAS THE GOVERNMENT RECORD , LABOUR DEPARTMENT RECORDS SING A DIFFERENT TUNE. THE FAILURE IN OUR DEMOCRACY IS THAT THESE FAKE  RECORDS , STATEMENTS OF GOVERNMENT OFFICIALS  ARE TAKEN AS ULTIMATE TRUTH BY  COURTS OF LAW & PROSECUTING AUTHORITIES. I can give more actual examples like this.
  7. so , involve public in the inspection teams , raiding parties of tax department , labour department , excise department , drugs control , weights & measures , etc. these public can put a check to the corrupt practices , fake records of these corrupt government officials.
  8. kindly do remember that in 2006-07 , a  corrupt judge was exposed by media efforts. The said corrupt judge in his urgency to collect bribe has not even looked at the INTENDED PERSONS TO BE ARRESTED & blindly signed the copies of arrest warrant . the arrest warrant was against H.E . PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA & HONOURABLE PRIME MINISTER OF INDIA. As in the normal working of government machinery if it was pursued , president of India , chief justice of India & prime minister of India should have been arrested. Technically speaking it was right. However common sense prevailed & the higher judiciary took appropriate action as the issue concerned VVIPs. Normally our courts of law , authorities work without common sense like horses of horse cart whose eyes are partially covered allowing only narrow vision , just by relying on government reports , records of corrupt public servants. The courts , authorities just functions by technicalities. This must stop for the sake  of justice , fairness.
  9. when a public makes complaint to Karnataka lokayukta , CVC or CBI about corrupt practices of a public servant , they must stop relying on the legal opinion of it’s own advocates  as they just rely on government records. Take for example the wrong legal opinion of legal expert of Karnataka lokayukta. The lokayukta has legal jurisdiction to inquire into all Karnataka state government institutions & organizations funded , supported by government of  Karnataka. There are other examples where In Karnataka lokayukta has taken action against employees of Karnataka government aided institutions . The PES COLLEGE OF ENGINEERING  mandya is funded & aided by government of Karnataka , but when we made a complaint regarding corruption in that institution , the legal expert of Karnataka lokayukta gave his expert opinion that the said institution is out of lokayukta’s legal jurisdiction , so no action is called for . based on this opinion Karnataka lokayukta rejected my complaint. Some of these legal experts are indirectly covering up criminals , stop relying on their expert opinions.
  10. when a complaint is given to Karnataka lokayukta , CVC or CBI  they in turn ask the complainant himself for supporting evidences , records. The government has given them vast police force to enforce law , to inquire & to collect evidences. How can a commoner can collect evidences , the criminal don’t leave evidences in open , all the commoner can do is make complaint regarding the injustices he has suffered. The complaints must be accepted & inquired into  with or without evidences , lack of evidences should not be the sole reason for dismissal of complaint as presently Karnataka lokayukta , CVC & CBI are  doing .
  11. review all the past official decisions of corrupt officials apprehended by Karnataka lokayukta , CVC & CBI. As there are possibilities of innocents suffering injustices  & rich criminals going scot free.

WHO WILL BELL THE CORRUPT FEW  AMONG INDIAN JUDICIARY  & INDIAN POLICE ?

When the fence itself eats into the crop which it has to protect , when the doctor himself kills the patient whom he has to treat , when the mother supposed protect her child kills it herself , when the king supposed to protect his subjects himself kills them ,  WHEN THE  POLICE & JUDGE  SUPPOSED TO GIVE JUSTICE , PROTECT HIS CITTIZENS HIMSELF MEATS OUT INJUSTICE , where to appeal ? it is nothing but anarchy. These corrupt few are also bringing disgrace to the august institutions they occupy & are also making contempt of those very offices they hold & making contempt of citizens of India.

Who will dare to bell  the fat , corrupt cats & save democracy in India.

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIARY UNDER RTI PURVIEW

The corrupt  among public servants always give a ruse ,  reason to escape from accountability. Recently government of Karnataka under  president’s rule has enacted a rule limiting the number of informations sought in RTI application to 3 . already bureaucrats are successful in exempting official file notings from RTI purview. These file notings are the basis on which official decisions are taken by superiors , so if one wants to know the intention behind an official decision it is imperative to know all the notings.

Police apply 3rd degree torture on accussed , ask questions for hours  in the name of extracting truth , the same police are afraid to answer questions lest the truth come out.

In the courts of law , numerous questions are asked , cross examination done to extract truth . if one remains silent it amounts to confession / agreeing to all charges leveled. In courts of law , during cross examination one must give straight forward answers , one cann’t give vague answers nor state excuses for not answering a question. If one doesn’t give straight forward answers that also is considered as agrreing to the charges levelled.  The courts go to any length to extract answers to it’s questions , take for example rape cases in the backdrop of our Indian tradition. In the courts of law , the rape victim  – woman who has already suffered injustice , shame is made to depose before male judges , lawyers who are total strangers and made to repeatedly explain how the crime of rape was committed. So once again the victim is made to suffer more shame in the society. For the courts answers to questions , cross examination  , legal procedures is more important than  honour of woman.  The very same judges are afraid to answer questions , cross examination under one pretext or the other lest the truth come out.

Even our people’s representatives – MPs , MLAs , etc are afraid to speak out truth , to honour RTI act citing legal privileges , etc. in India , during appointment of persons to government service back ground check & clearance by police is mandatory & during appointment  into sensitive defense , space , atomic energy establishments , etc  apart  from police verification , investigation by intelligence agencies is a must. No such thing for our MLAs , MPs . However now criminalization of politics is almost in India , some of the accussed  are drafting laws like IPC , Indian defense rules , police code , purviews of judiciary , etc. they are drafting laws to legalise their crimes. The election commission of India is not properly verifying the affidavits of candidates , also the vigilance authorities , lokayukthas are not properly verifying the affidavits of sitting MLAs , MPs , etc.

More than RTI ACT , to seek information is part of every Indian citizen’s fundamental rights & human rights , RTI ACT is just fulfilling that right  partly & fixing a time frame. Nobody , no constitutional functionary is higher than Indian citizens , nobody’s privileges  or any laws prevailing over the fundamental rights & duties of Indian citizens is constitutional , just or legal . The shame is that even after 60 years of independence , FUNDAMENTAL RIGHTS & DUTIES OF INDIAN CITIZENS is observed more in breach than implementation , by our public servants including the judiciary .

Hereby , we urge all the public servants – judges , police , people’s representatives to honour RTI ACT , to honour Indian citizen’s fundamental & human rights and to facilitate them to perform their fundamental duties. The silence of public servants to the questions asked or vague answers , ruses by public servants amounts to confessions , agreeing  to the questions , charges leveled & crimes committed .

Let the TRUTH prevail. Jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

Judiciary under RTI Act, says parliamentary panel

New Delhi, April 29
A parliamentary committee today held that judiciary comes under the purview of the Right to Information law with regard to all activities of administration except “judicial decision making.” “Except the judicial decision making, all other activities of administration and the persons included in it (judiciary) are subject to RTI Act,” said the report of the Parliamentary Standing Committee on Personnel, Law and Justice.

The opinion of the committee headed by E.M. Sudarsana Natchiappanan comes against the backdrop of a raging controversy over whether the judiciary comes under the RTI purview. Chief Justice of India K.G. Balakrishnan had recently said the CJI is a constitutional authority and does not come within the purview of the RTI Act.

The committee, which went into the demands of grants for the personnel ministry and discussed the interpretation of Section 2 (h) of the RTI Act, that is, definition of public authority, said the provision is very clear that all constitutional authorities come under the definition of public authority. The committee had examined in detail every clause of the RTI Act, 2004 and was conscious of the fact that all wings of the state, executive, legislature and judiciary, are fully covered under this Act since all organs of the state are accountable to the citizens of India in a democratic state. “It is more so since the judiciary is having a dual role as (i) administrative function and (ii) judicial decision making.

AN APPEAL TO HONOURABLE CENTRAL INFORMATION COMMISSIONER , NEW DELHI & STATE INFOR MATION COMMISSIONER , BANGALORE.

We at e-voice of human rights watch has requested for following information ( ANSWERS TO THE FOLLOWING QUESTIONS ) from honourable CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI ,  UNION HOME SECRETARY , GOI  , NEW DELHI , DG&IG OF POLICE , GOK , BANGALORE , COMMISSIONER , BANGALORE DEVELOPMENT AUTHORITY , BANGALORE & COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE , as per RTI Act . All of them  have  failed to provide complete truthful information to us.

Full Case details are given at following web page,

RTI APPEAL TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO UNION HOME SECRETARY , GOI , NEW DELHI

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO DG&IG OF POLICE , GOK , BANGALORE

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL BDA COMMISSIONER , MUDA , MYSORE

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,

http://crimesatmudamysore.wordpress.com/ ,

RTI APPEAL TO BDA COMMISSIONER , BDA , BANGALORE

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

Hereby , we do once again request you to order the said public servants  –  to comply with RTI Act & to provide the full information to us at the earliest. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIAL & LEGAL SYSTEM INDIRECTLY IN THE CLUTCHES OF MAFIA

In India , justice , equality & democracy an illusion . all those words are only there is in statuette books , but not in practice . the rich & mighty crooks are committing gravest crimes & escaping from the hands of law by manipulating evidences , by bribing the public servants to create favourable government reports , records. Poor
people who have suffered injustices are not getting justice due to lack of evidences & government reports , records to prove their case.


CORRUPTION IS THERE RIGHT FROM GOVERNMENT MATERNITY HOSPITAL UPTO
GRAVEYARD , THROUGHT THE WALK OF ONE’S LIFE.

The corrupt public servants are more cruel , damaging criminals than our previous british oppressors or dawood ibrahim & other under world dons. The gravest threat , damages to india’s security & national integrity is more from these corrupt public servants than Pakistan or china or other terrorist outfits. These corrupt public servants can stoop to any level in their greed for money. The present state affairs is a shame to our political & legal system and a barometer , indicator to their efficiency.

Recently , we have seen in the media , how people of bihar meated out mob justice to a criminal , that will be the fate of corrupt police , doctors , other officials in the future. But the violence is not the answer , that will only lead towards anarchy. We must establish true democracy of bapuji’s dreams , true freedom , equality for all in practice for which so many of our fore fathers , freedom fighters sacrificed their life for.

THE ANSWER LIES IN ACCOUNTABILITY OF PUBLIC SERVANTS , ALL CONSTITUTIONAL FUNCTIONARIES INCLUDING JUDGES , TO THEIR PAY MASTERS  –  MONARCHS OF DEMOCRACY ie CITIZENS OF DEMOCRATIC INDIA. Hope this will dawn on our public servants that they are PUBLIC SERVANTS NOT PUBLIC MASTERS.

Failure of RTI Act in India

In the clutches of corrupt public servants mafia

In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.

The corruption has spread it’s  tentacles  far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.

The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?

In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?

The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials � police , labour , tax , etc.  the rich criminals buy out  government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.

When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information  will be detrimental to themselves  & will be  taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.

The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official � police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.

Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India � kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers  are the paymasters of all public servants.

We at e � voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.

In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.

Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ?

Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?

In India , do we truly have democracy & freedom ? is this corrupt India � what our freedom fighters dreamt of & fought for ?

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