SOS e Clarion Of Dalit

universal human rights day

Universal Human Rights Day
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. 50… 16 / 12 / 2009

EDITORIAL : UNIVERASAL HUMAN RIGHTS DAY – SHAME SHAME CORRUPT PUBLIC SERVANTS

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 last page. JAI HIND . VANDE MATARAM .

Your’s sincerely ,
Nagaraj.M.R.

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 ?

DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE

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.

Death Bells Ring For India’s Dissident Websites
By Sevanti Ninan

The controversial Mr. A. Raja does not just preside over telecom, which the country’s biggest industrialists are interested in. He also presides over the lawmaking which governs the use of the Internet in India. Surely that is something which deserves at least as much media vigilance as the awarding of telecom licences to companies?
Last year, a few weeks after the Mumbai attacks in November, a Bill which had been sitting around in a Standing Committee since 2006 was hastily passed, without much debate in parliament. The Information Technology (Amendment) Act, 2008 seeks to give teeth to existing laws on information technology and cyberspace. Last month, shortly before Mr. Raja began his second stint, the Department of IT posted on the Internet the results of its labours in drafting rules for this Act. Since the devil is in the details, the import of the Act resides in the rules. These are still at the draft stage, you are invited to send your comments to the Government of India, which does this feedback exercise to show how democratic it is. http://www.mit.gov.in/default.aspx?id=969
Here, then, is an idiot’s guide to what Mr. Raja and his men are proposing to do, in the name of national security, safe Internet use, and suchlike.
a) Intercept email, under Section 69 of the Act
Who can give orders for such interception? Technically, only the Union Home Secretary or the Home Secretary at the state level, but in unavoidable circumstances also a Joint Secretary. In further unavoidable circumstances — in an emergency (not defined) in a remote area (not defined) — a security officer of the rank of an Inspector Feneral of Police can order the interception. They have to get it okayed in a week’s time by a Home Secretary or Joint Secretary or cease intercepting.
What about laws protecting privacy? This provision circumvents those in the name of security.
b) Block websites and web content, under Section 69A
A designated officer of Joint Secretary-level is empowered to handle requests for blocking from departments or individuals. He submits the request to an inter-ministerial committee of Joint Secretaries, including one from the Ministry of Information and Broadcasting. In an emergency, scrutiny by just the designated officer will do, and the final permission has to come from the Secretary, Department of Information Technology. What can be the basis for a request to block? The Sovereignty or Integrity of India, the Defence of India, the Security of the State, Friendly Relations with Foreign States, Public order, and, for “preventing incitement to the commission of any cognisable offence relating to above.” Apart from the fact that all of the above are open to interpretation, do note the “preventing incitement” bit. In case somebody thinks you might provoke someone to do something, they can block your website.
What about a right to be heard before the blocking? There is none. The job of Secretary, Department of Information Technology, suddenly becomes a pivotal one in the matter of freedom of expression. He has the final say in any blocking.
Review of the decision? A committee headed by the Cabinet Secretary, GOI, needs to meet at least once in two months for that. As a CERT-IN official said at a recent meeting when questioned about the inordinately long time taken for a review, “Bahut cases hote, saab. Cabinet Secretary khali nahin baithe hota.” His point was that overall there is a four-level scrutiny, and that so far blocking of web pages or sites has been very rare indeed, three to four cases in the last five years.
c) Monitor and collect traffic data relating to a website, in the name of ensuring cyber security, and foiling cyber security incidents. Under Section 69B.
d) Set up an Indian Computer Emergency Response Team (CERT-IN), whose constituency “shall be the Indian cyber community”, under Section 70B (1).
If you plough through all the citizen-friendly sounding stuff that this team is supposed to do, you will hit upon this clause: “For carrying out its functions prescribed in section 70 (B) of the Act, CERT-IN may seek information and give directions for compliance to the service providers, intermediaries, data centres, body corporate and any other person, as may be necessary.” This innocuous body can order your service provider to cough up any data it wants. And what level of officer can do this? Any officer of CERT-IN, not below the rank of Deputy Secretary to the Government of India. Again, the defence is that this clause only relates to cyber security. The rules empowering CERT-IN are drafted by the organisation itself. Talk of giving yourself powers because you are making the rules!
e) Define the liability of Network Service Providers, under Section 79.
This is a section for which the rules have not yet been posted, because there is hectic lobbying going on by industry. It seeks to protect the companies that operate in India as Network Service Providers from being liable for any third party information, data, or communication link made available or hosted by them. They are not liable so long as they “do not initiate the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission, and so long as they observe due diligence while discharging their duties under this Act.” But once they come to know of data posted on their servers which could be interpreted as violating the “integrity of India, defence of India, friendly relations with foreign States” bits and do not remove it, they become liable.
Who will be defined as a network service provider? What will be defined as due diligence? What will be the definition of an intermediary? Industry is lobbying with CERT-IN on these issues. Sachin Pilot is the minister in charge.
But is civil society mounting enough of a fight to protect privacy, and prevent web content blocking without a prior right to be heard? Is it doing enough to oppose the extraordinary powers Mr Raja’s ministry is arming itself with? You know the answer to that one.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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@hotmail.com , naghrw@yahoo.com

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