S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJ.M.R… VOL.05 issue. 08…… 23/02/2011
home page:
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/
“There is a higher court than the court of justice and that is the
court of conscience It supercedes all other courts. ”
- Mahatma Gandhi
Editorial : An Appeal to Shri.Sunil Thomas , Honourable Registrar
(Admn) & RTI Apellate Authority , Supreme Court of India , New Delhi.
Indian Vs Chief Justice of India & Others
Complainant : Nagaraj M. R
Accused : Shri . S.H. Kapadia Honourable Chief Justice of India
(Accused persons in official capacities not at individual
capacities) & Others
From,
Nagaraj .M. R.
Editor , S.O.S e-Clarion of Dalit & S.O.S e-Voice for Justice,
# LIG-2 / 761 , HUDCO First Stage, Laxmikantanagar,
Hebbal , Mysore . PIN-570017 Cell – 09341820313
To ,
Shri. Sunil Thomas ,
Honourable Registrar (Administration) / RTI Appellate Authority ,
Supreme Court of India,
New Delhi.
Honourable Sir / Madam ,
Subject : APPEAL No.300/2010
Reference : Your Letter No.F.1/RTI/A.300/2010 dated 30.07.2010
A person committing a criminal offense is a CRIMINAL. The Person who
aids a criminal in his criminal act , in hiding the criminal act , in
destroying the evidences of criminal act is also a CRIMINAL. The
person whose duty is to prevent criminal acts from happening , who
intentionally fails in his preventive duties and thereby
facilitating the criminal in committing crime is also a CRIMINAL.
In this way many of our public servants including judges & police
themselves are criminals , but are not prosecuted by the authorities ,
why ?
At the outset , we express our whole hearted respects to the honest
few public servants in public service including judiciary. However,
the corrupt in public service don’t deserve respect as individuals –
as they are parasites in our legal system. Still we respect the
chairs they occupy but not the corrupt individuals.
All the following articles / issues , whole articles published in the
weblinks mentioned below forms part of this appeal. The term “JUDGE”
mentioned throught includes all public servants discharging judicial
functions right from taluk magistrates , quasi-judicial officers to
Chief Justice of India.
Indian Legal / Judicial System is manipulated at various stages & is
for sale. It is a SHAME. The persons who raise their voice seeking
justice are silenced in many ways. The criminal nexus has already
attempted to silence me in many ways . If anything untoward happens to
me or to my family members , my dependents , Honourable Chief Justice
of India together with jurisdictional police officer will be
responsible for it.
Hereby, we do once again offer our conditional services to the
honourable supreme court of India & other government authorities, in
apprehending criminals including corrupt judges & police. Herewith ,
we once again appeal to the honourable supreme court of India , to
consider this as a PIL Appeal in public interest.
The public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the
teacher himself makes a mistake , all his students will do the same
mistake. if a thief steals , he can be caught , legally punished &
reformed . if a police himself commits crime , many thieves go scot-
free under his patronage. even if a police , public servant commits
a crime , he can be legally prosecuted & justice can be sought by the
aggrieved. just think , if a judge himself that too of apex court of
the land itself commits crime - violations of RTI Act ,
constitutional rights & human rights of public and obstructs the
public from performing their constitutional fundamental duties , what
happens ? it gives a booster dose to the rich & mighty , those in
power , criminals in public service to committ more crimes. that is
exactly what is happenning in india. the educated public must raise
to the occassion & peacefully , democratically must oppose this
criminalisation of judiciary , public service. then alone , we can
build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
Kindly go through the following articles & provide justice by giving
complete truthful information to us , by publicly answering the
following questionnaire in an unambiguous manner.
The constitution of India has prescribed certain FUNDAMENTAL DUTIES to
each citizens of India. It is the duty of every citizen to protect &
uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of
our fellow citizens. No constitutional authority has the right to
obstruct the discharge of these duties by citizens of India. No legal
privileges of constitutional functionaries is superior over the
FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.
We need rights to perform our duties. Constitution of India has
guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India
& by birth itself everyone of us has secured HUMAN RIGHTS as
individuals. To express ourselves , we need information , data feed
back , to ascertain whether we are getting equal opportunity ,
whether we are getting equitable justice , etc , we need
information . so ,
basically Right To Information is an inalienable part of our
fundamental rights & human rights. What RTI Act has done is fixed
time limit , responsibilities of public servants up to certain
extent. However the citizen's fundamental right & human right to seek
information extends far beyond the scope of RTI Act.
Hereby , we seek complete truthful information from supreme court of
India , with respect to my RTI application appeal no : APPEAL NO.
300/2010 .. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC
SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to
register this appeal as a PIL petition & to ascertain the stand of
apex court on various matters raised in my RTI Application , in
public interest & equitable justice. JAI HIND. VANDE MATARAM.
Your's sincerely,
Nagaraj.M.R.
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
Indian Vs Chief Justice of India & Others
Complainant : Nagaraj M. R
Accused : Shri . S.H. Kapadia Honourable Chief Justice of India
(Accused persons in official capacities not at individual
capacities) & Others
POLICE NOT REGISTERING COMPLAINT AGAINST CHIEF JUSTICE OF
INDIA & OTHERS
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants
Karnataka Police are NOT registering & acting on
my complaint to them dated 04.07.2009
The Vijayanagar police in mysore stated that they don’t have legal
jurisdiction to book the criminals I have mentioned in the complaint &
by taking a statement from me to that effect closed the case
temporarily on 11.09.2010 after sitting over the complaint for
years together. Is it not the duty of DG&IGP to seek the permission
from home ministry to legally prosecute the alleged criminal VVIPs ?
Why he was silent ? Ofcourse the lower rung police officers
practically don’t have power to prosecute high & mighty ?
Hereby , I do request the DG & IG OF Police , Government of Karnataka
to seek the legal sanction from union home ministry & Karnataka state
home ministry , for the prosecution of below mentioned criminal VVIPs
& to reopen my complaint here with.
In India , as per constitution of india all citizens are equal , have
right to equal oppurtunity & equitable justice irrespective of caste ,
creed , religion , etc. the constitution has guaranteed these to every
Indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also ,
every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her
birth.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have
forgotten this & are acting as lords , autocrats - unquestionable
public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS
appointed to serve the public, public are the kings of democracy ,
they are the taxpayers & paymasters of this very same public servants.
In India , corruption has spread it's tentacles far & wide , it has
not even spared the judiciary. The last resort of commonman for
seeking justice is judiciary , even there corruption has spread.In
present day India , if one is rich , he can committ any type of crime
& get away clean from courts of law. there are corrupt police
officials who modify FIR , suppress evidences ,manipulate evidences ,
takes up different line of investigation , fix innocents , coughs-up
false confessions from innocents by 3rd degree torture , file B report
closing the case , decides not to appeal in higher court of law ,
etc , ALL FOR A PRICE. Just see the list of millionnaire police
officials who are caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a deal ,
manipulates evidences , manipulates way of presentation of case & way
of argument favouring the rich crooks for a price , as observed in
high profile BMW case involving public prosecutor IU KHAN & defense
counsel RK ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is
left high & dry eventhough the judge is honest, he is left helpless.
to add to this , when the judge himself is corrupt , people's last
hope , democracy is dead. Nowadays we are hearing too many reports of
irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST LITIGATION
before hon'ble supreme court of India but the vested interests there
are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION
MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF
PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of Indians & public of
importing nations who are importing the same dangerous products from
india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities whereas
regularising illegal land encroachments , illegal buildings by high &
mighty people in total disregard to law. in some cases government has
even made contempt of court , by defying court orders & enacting
special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india's defense secrets to foreign countries & some
politicians , film stars attending parties hosted by anti nationals
DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these
type of appeals are for public good , national security , as public
are affected by them. still supreme court of india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts even have the
right to initiate suo-motto action for public good , inspite of
absence of any appeals / complaints. over & above this at the time of
my very first appeal my income was very low & i was a retrenched
factory employee who was eligible for free legal aid, even free legal
aid was not given to me. Now , even to my repeated RTI Appeals the
Honourable chief justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
nationals , amounts to suppression of information , truth ,
evidences , which is a cognizable offence.
SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.rediffblogs.com/
,
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ ,
http://manivannanmuda.blogspot.com/
,
http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ ,
http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
We do have highest respect for all constitutional bodies , public
servants , but it is an appeal to the honest few in public service ,to
bring to book their corrupt colleagues.The Honourable Chief Justice of
India & H.E.Honourable President of India have violated their oaths of
office , failed in their constitutional duties , suppressed material
truths / informations & thereby repeatedly violated my
Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS &
Obstructing me from performing constitutionally prescribed FUNDAMENTAL
DUTIES AS A CITIZEN OF INDIA.
Hereby , i do request you to legally prosecute the below mentioned
public servants viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper &
the related materials at the weblinks provided, forms part of this
complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.
if anything untoward happens to me or my dependents , the governmentof
india is liable to pay Rs. one crore as compensation to survivors of
my family. if my whole family is eliminated by the criminal
nexus ,then that compensation money must be donated to Indian Army
Welfare Fund. afterwards , the money must be recovered by GOI as land
arrears from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. Thanking
you.
Jai Hind , Vande Mataram.
Date : 18.01.2011 your's sincerely,
Place : Mysore nagaraj.m.r.
SHAME SHAME to Corrupt Judges , Corrupt Police & Corrupt Public
Servants - Indian Judicial / Legal System For Sale
The Corrupt Among Public Servants are making futile , all the
sacrifices made by our forefathers , freedom fighters in securing
independence from british occupiers .
Threat to India’s Independence , Freedom , National Unity & Integrity
is from Corrupt Police , Corrupt Judges & Corrupt Public Servants.
SHAME to those corrupt police , judges & public servants.
Recently we have seen media reports about 2G spetrum scam , land
mafia , mining mafia , how a law maker of the land Home Minister of
Gujarath state government himself was the master mind involved in the
conspiracy of fake encounter eliminating sohrabuddin . We have also
seen how senior police officers extorted money from businessmen &
others by foisting false cases .
We have also seen media reports about the ROWDY BEHAVIOUR of some
people’s representatives in legislative assemblies & parliament in
the past & recently. The members of the house , people’s
representatives themselves are making contempt of the house. These
MPs , MLAs other then hiking their own salaries & perks , must first
learn class room discipline punctuality , attendance , home work
preparation , etc from PRIMARY SCHOOL KIDS . IT IS THE URGENT NEED OF
THE HOUR .
We have also stated with relevant media reports how match fixing is
done in our Indian Legal System from the stage of FIR filing ,
planting witneses , silencing witnesses , judgement fixing , torture
in jail , etc . read articles at following websites
http://sites.google.com/site/sosevoiceforjustice/shame-shame---indian-legal-system-for-sale
,
http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-chief-justice-of-india
,
http://sites.google.com/site/sosevoiceforjustice/deal-deal-mega-deals-in-supreme-court-of-india
,
http://sites.google.com/site/sosevoiceforjustice/bhopal-gas-verdict-fixed-years-earlier
,
http://sites.google.com/site/sosevoiceforjustice/shame-shame-to-supreme-court-of-india
,
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind
,
http://sites.google.com/site/sosevoiceforjustice/show-cause-notice-to-chief-justice-of-india
,
http://sites.google.com/site/sosevoiceforjustice/narco-analysis-polygraph---right-or-wrong
,
http://sites.google.com/site/sosevoiceforjustice/match-fixing-in-cricket-ipl-police-judiciary-government-in-india
,
http://sites.google.com/site/sosevoiceforjustice/writ-of-mandamus-to-cji-others
,
http://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges
,
When everybody else does the mistake , wrong doing , indulges in
corruption , judiciary alone must be pure like virgin to punish &
guide the wrong doers. Now , the apex court of the land & the highest
judicial officer of the land , the conscience keeper , protector of
rights , Constitutional guardian of the land – The Honourable Chief
Justice of India himself Has been found guilty . SHAME SHAME.
Nowadays , we are seeing criminalization of politics , judiciary &
police. The rowdy elements have become MLAs & MPs & frequestly indulge
in fisticuffs , vulgar abuses in the precincts of the house itself .
These rowdy elements take money for asking questions in the
parliament , to vote for bills & for a price pass legislations
favouring lobbies of rich crooks. The police frame , torture
innocents & let out rich crooks for a price . For a price police
destroy evidences , records and create fake records , evidences.
Finally there are judges who issue arrest warrants , give bail , give
acquittal & pass favourable judgements ALL FOR A PRICE . SHAME
SHAME . These corrupt judges , police , MPs , MLAs each take salary
& perks far exceeding lakhs per annum , but serve rich crooks instead
of Indian Public. These corrupt are parasites & deadlier , state
enemies than naxalites , terrorists. Democracy in our country , our
hard won national independence is endangered by these parasites ,
corrupt judges , police & people’s representatives only. These
parasites themselves are responsible for origin & growth of
naxalism / terrorism in india .
Hereby , we DEMAND the Honourable Chief Justice of India to answer
the following questions in public interest , for national security ,
for National unity & integrity.
……………………..DECLARATION………………………
Name : ...........................NAGARAJ.M.R.
Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017
INDIA
Professional / Trade Title : S.O.S - e – Voice For Justice
Periodicity : WEEKLY
Circulation : FOR FREE DISTRIBUTION ON WEB
Donations : NOT ACCEPTED. Self financing . Never accepted any
donations , subscriptions either for ourselves or on behalf of other
organizations / individuals .
Monetary gains : nil , never made any monetary gain by way of
advertisements on my websites or web news paper or otherwise.
Owner/editor/printer/publisher : NAGARAJ.M.R.
Nationality : INDIAN
Body Donation : Physical Body of Nagaraj M R , Editor , S.O.S- e –
clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS
Medical College , Mysore , In case of either Unnatural death or
Natural Death at the hands of criminal nexus , my body must be handed
over to JSS Medical College , Mysore for the study purposes of
medical students.
Eye Donation : Both EYES of Nagaraj M R , Editor , S.O.S- e – clarion
of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye
Bank , Mysore , In case of either Unnatural death or Natural Death at
the hands of criminal nexus , my eyes must be handed over to
Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye
transplantation to the needy.
Home page :
http://groups.yahoo.com/group/naghrw ,
http://groups.google.co.in/group/hrwepaper/ ,
http://sites.google.com/site/sosevoiceforjustice/ ,
http://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/
,
,
http://naghrw.tripod.com/evoice/ ,
http://e-voiceofhumanrightswatch.blogspot.com ,
Contact :
nag...@yahoo.com ,
nagar...@hotmail.com ,
Cell : 0 9341820313
I ,NAGARAJ.M.R. hereby do declare that information given above are
true to the best of my knowledge & belief. If i am repeatedly called
to police station or else where for the sake of investigations , the
losses i do incurr as a result like loss of wages , transportation ,
job , etc must be borne by the government. prevoiusly the police / IB
personnel repeatedly called me the complainant (sufferer of
injustices) to police station for questioning , but never called the
guilty culprits even once to police station for questioning , as the
culprits are high & mighty . this type of one sided questioning must
not be done by police or investigating agencies . if anything untoward
happens to me or to my family members like loss of job , meeting with
hit & run accidents , loss of lives , death due to improper medical
care , etc , the jurisdictional police together with above mentioned
accussed public servants will be responsible for it. Even if criminal
nexus levels fake charges , police file fake cases against me or my
dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental
rights , human rights , denied proper medical care for ourselves , If
anything untoward happens to me or to my dependents or to my family
members - In such case Chief Justice of India together with the
jurisdictional revenue & police officials will be responsible for
it , in such case the government of india is liable to pay Rs. one
crore as compensation to survivors of my family. if my whole family is
eliminated by the criminal nexus ,then that compensation money must be
donated to Indian Army Welfare Fund. Afterwards , the money must be
recovered by GOI as land arrears from the salary , pension ,
property , etc of guilty police officials , Judges , public servants &
Constitutional fuctionaries.
date : 18/01/2011…………………………..your's sincerely,
place : India…………………………………Nagaraj.M.R.
FINAL SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA ,
SUPREME COURT OF INDIA
In india democracy is a farce , freedom a mirage. the most basic
freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the
government,as the information opens up the crimes of
V.V.I.Ps & leads
to their ill-gotten wealth. The public servants are least bothered
about the lives of people or justice to them. these type of fat
cats ,
parasites are a drain on the public exchequer . these people
want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed .
so
that, a voice against injustices is silenced forever , the crimes of
V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW's appeals to you ,you have not yet
replied. It clearly shows that you are least bothered about the lives
of people or justice to them .it proves that you are hell bent to
protect the criminals at any cost. you are just pressurising the
police to enquire me ,to take my statement, to repeatedly call me to
police station all with a view to silence me.all of you enjoy "legal
immunity privileges" ,why don't you have given powers to the police /
investigating officer to summon all of you for enquiry ?or else why
don't all of you are not appearing before the police voluntarily for
enquiry ?at the least why don't all of you are not sending your
statement about the case to the police either through legal counsel
or
through post? you are aiding criminals ,by denying me job
oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil
court ,bangalore , distict court , mysore ,etc & by illegally closing
my newspaper.
there is a gross, total mismatch between your actions and your oath
of
office. this amounts to public cheating & moral turpitude on your
part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of
india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER
to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a
citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you
cann't be legally prosecuted for the above mentioned crimes .
If i am repeatedly called to police station or else where for the
sake of investigations , the losses i do incurr as a result like loss
of wages , transportation , job , etc must be borne by the government.
prevoiusly the police / IB personnel repeatedly called me the
complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.
if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal
nexus ,then that compensation money must be donated to Indian Army
Welfare Fund. afterwards , the money must be recovered by GOI as land
arrears from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. Thanking
you.
Jai Hind , Vande Mataram.
Date : 18.01.2011 your's sincerely,
Place : Mysore nagaraj.m.r.
HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP
POSTS
- Another independence struggle in India needed ?
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.
Atrocities , violence , corruption breeds more violence , invites
dog's death. Peace ,truth , honesty is the harbinger of prosperous
democratic nation. let us build a true democratic India , free of
corrupt public servants.
We at e-voice express our deep condolences to the FAMILIES of slain
CRPF jawans , Military Personnel , Police & Civilians , who were
massacred by Naxalites , Terrorists & External Enemies . We salute the
brave soldiers who laid down their lives while upholding law & order
and hereby demand the legal prosecution of the perpetrators.
We at e-voice salute our jawans & police for teaching the external
enemies a befitting lesson and protecting our motherland from the
external & internal enemies. We pay our whole hearted respects to the
martyrs , who laid down their lives , in the course of protecting our
people & country from the clutches of terrorists / naxalites .
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.
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.
Whenever we face crimes by naxalites & terrorists , government only
looks at one face of the case. The other face of the crime is the
atrocities of government itself. The public servants are corrupt ,
they are snatching lands , livelihood from tribals , driving them away
& gifting those very lands to industrialists , miners , etc without
any rehabilitation for the tribals. Government has failed to provide
basic health care , education to people . it has even failed to
provide food to tribals & tribals are dying due to hunger. All the
much hyped government programmes like “Food for Work” & “National
Rural Employment Guarantee Scheme” have derailed at the hands of
corrupt public servants. The local Police together with land lords ,
industrialists , miners are torturing these local tribals. For these
tribals there is no food , no health care , no education , no justice
but only sufferings , physical torture at the hands of police . The
Recruiters of terrorist & naxal organizations are cashing on this
frustration of tribals.
INDIA: Judicial transparency is not an act of charity
The Indian judiciary is once again in the news and this time too it is
for appalling reasons. The national and regional media have been
reporting in the past two weeks regarding the disproportionate wealth
between the declared and known incomes, of some of the close relatives
of the former Chief Justice of India, Justice K. G. Balakrishnan. The
reports allege that this wealth was amassed in the past four years,
during which Justice Balakrishnan served as the Chief Justice of the
country. The fact that the persons suspected of corruption are the
family members of the former Chief Justice and that the former judge
is the current Chairperson of the National Human Rights Commission
(NHRC) does not make matters easy for the former judge. On the
contrary, it casts a duty upon him to explain why his name or that of
the institution he once led and the one he now chairs should not be
dragged into a scandal.
During the past fifteen years, the country's judiciary has been
embroiled in one controversy after another, all involving allegations
of corruption and nepotism of some of the senior judges in the
country. It is not a matter of mere unpleasant coincidence that some
of the suspected judges have served as Chief Justices, but on the
contrary it exposes the built-in defects of the Indian justice
institutions, a fact that lawyers, a former law minister, experienced
journalists and many of the former senior judges in the country
equally agree upon. There is a petition, pending before the Supreme
Court, on the question of allegations of corruption against former
Chief Justices of India. It is unfortunate that this petition is in
the form of a contempt of court proceeding against two Senior Lawyers,
Mr. Prashant Bushan and Mr. Santhi Bushan, for their attempt to bring
the long overdue transparency and accountability into the judiciary,
particularly within the higher judiciary.
During Justice Balakrishnan's tenure as the 37th Chief Justice of
India, he did not help much in dissipating the cloud of suspicion that
has encircled the Indian judiciary and thus establishing the integrity
of the institution that he was asked to lead. In his capacity as the
Chief Justice, Justice Balakrishnan became infamous for his unyielding
attitude of refusing the operation of the Right to Information Act,
2005 upon the higher judiciary. Though he later succumbed to equally
uncompromising public sentiments and let willing judges, who were in
the majority, to disclose their assets, but by then he had done
further damage to the already bruised image of the institution.
Justice Balakrishnan was in the centre of yet another controversy
during his tenure as the Chief Justice and as the head of the Supreme
Court Collegium for the appointment of judges, when he showed undue
haste for the promotion of a High Court judge to the Supreme Court,
despite allegations of wide ranging corruption against the judge who
was recommended to be promoted. The President of India declined to
accept the Collegium's recommendation for promotion of the judge.
Justice Balakrishnan's subsequent acquiesce for the Central Bureau of
Investigation to investigate allegations of corruption against High
Court judges did nothing to restore the already lost public
confidence.
Given the fact that the allegations against the former judge's family
are based on substantial proof and that the suspected corruption
happened during the tenure of Justice Balakrishnan as the Chief
Justice of India, one cannot complain that the reports have brought
further adverse public perception upon the office of the Chief
Justice. The nature of the allegations and the institutions involved
are such that the Chairperson of the NHRC cannot shrug it off by mere
denial.
What is at stake here is more than an individual or his family
affairs. What is being debated in public is not about who made what
money during which time. The debate concerns the trustworthiness of
the country's supreme justice institutions and the general agony about
these institutions, the Supreme Court in particular, is rooted in the
reality that these institutions are highly susceptible to misuse. In
the absence of any mechanism or process that is transparent enough to
meet the standards of the modern democratic country that Indians
believe they live in, mere adherence to a logic of the medieval ages
that 'we are knowledgeable and reasonable enough to correct ourselves'
is not enough to ensure basic norms of transparency within the
judiciary. The public anger in India today is against those who pose
hindrances for bringing transparency and accountability in public
service and into institutions that the ordinary person depends upon as
the last resort in his pursuit for justice. It is the very essence of
the ability of the country's democratic institutions, and thus that of
the country itself, that has been challenged.
In a separate vein, Justice Balakrishnan is also considered as the
embodiment of Dalit liberation in India. It is thus equally the
responsibility of the Dalit movement, in India and abroad, to ensure
that the allegations against the first Dalit Chief Justice will not be
used against the Dalit movement in the country.
In the present environment one cannot find fault with those who have
started believing that the country's judiciary gives tacit approval to
corruption and nepotism in favour of those who wield power. The
comments that refer to the Vigilance and Anti-Corruption Bureau's
investigation recommended by the Chief Minister of Kerala against one
of the relatives of the former Chief Justice as a farce, also cannot
be taken lightly.
In the mêlée of these allegations, suspicions and counter
allegations what is at stake is the public trust of two important
national institutions, the Supreme Court of India and along with it
the entire judiciary, and the NHRC. Many have demanded Justice
Balakrishnan's resignation from the post of the Chairperson at the
NHRC. To save the institutions from further moral damage, it is not
enough that those who are accused of corruption are simply allowed to
resign. Now that a formal complaint has been made against the former
judge, the allegations must be investigated. And, if the investigation
leads to the discovery of a crime, it must be prosecuted. The
positions that the person held or holds must not be a hindrance in the
course of justice. It however makes sense for Justice Balakrishnan to
resign from the position of the Chairperson at the NHRC to ensure that
all investigations into the allegations are conducted impartially.
The fact that the judge facing the accusation is currently the
Chairperson of the NHRC has also implications for India in
international forums like the United Nations. At the moment, the NHRC
has an 'A' status as assessed and reviewed by the Sub Committee on
Accreditation (SCA) of the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights
(ICC) at the UN. The case of the NHRC of Sri Lanka is proof to the
fact that this status is not permanent and it could be degraded, an
event that could cause international embarrassment to India.
The report of the UN Secretary General dated 15 January 2010 (A/HRC/
13/44) to the General Assembly enumerates a series of programmes the
UN and its allied organisations have implemented in cooperation with
the NHRC in India. The NHRC is also an implementing entity for
programmes sponsored by the UN, not only in India, but also in other
countries as a consultant. The fact that such an NHRC has a
Chairperson with a tainted image would not be a light burden for the
government. In other words, the Chairperson of the NHRC cannot just
sit idle and merely deny allegations but must do everything legally
and ethically possible at his disposal to clear the name of the
institution that he leads from the scandal.
It is trite to argue that the judges, irrespective of their stature
and the jurisdiction they entertain, are holding public offices. Being
a judge does not shield a person or the office the person holds from
the constitutional, as well as commonsense requirement, to be
transparent and accountable to the public. There is no justice that
could be upheld beyond being honest to the people who entrust them the
job, and the constitutional obligation that they have sworn to
protect, promote and fulfil. In the same vein, there is no greater
injustice than the resentment or reluctance to be transparent and
constitutionally accountable while holding such offices and even worse
to use the same constitution that entrusts them to do a public service
as an excuse to prevent transparency and accountability while holding
such an office. Perhaps it is also a rude reminder to the country that
it is too late to re-examine the institutional structure of the Indian
judiciary itself. It is time to stop the muffled and reined discussion
on the subject and open it up for a larger debate, inviting everyone
who is concerned about the integrity of the country's judiciary to
participate and suggest means by which the lost confidence in the
justice system of the country can be salvaged from the abyss into
which it is plummeting rapidly.
Allowing for transparency and accountability on those terms is thus
not an act of charity that anyone who holds a public office can deny
at will. They form the cornerstones upon which a democratic state is
built and the dream of every Indian is woven. Thus, destroying it
would be worse than betraying the country.
JUDICIAL ACCOUNTABILITY IN INDIA
- URGENT NEED OF THE HOUR
All the people behind the bars are not criminals , all the people
arrested by police are not criminals. The judgements & pronouncements
of judges are not sacrosanct , THE FINAL TRUTH . The judges & police
are not gods , they are also human beings like you & me PRONE TO ERR .
Some of those judges , police in their greed for more money become
corrupt , misuse their office letting out rich criminals , fixing
innocents & sending innocents to gallows.
In many ways powers that be are trying to silence me – voice seeking
truth , justice . The powers that be are using the services of
criminals & ISP internet service
providers , to hack my website , e-mail account & to block the public
from
reading our newspaper . our website links are not at all opening.
TRUTH CANN'T
BE BURIED BY CENSOR BEWARE.
After 63 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.
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 61st Republic Day celebrations, let us build a true
democratic India , free of corrupt public servants.
O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES
INTROSPECT YOURSELF
Kashmiri militants claim they are fighting for kashmiris, when the
very same kashmiris were suffering from loses due to earthquake why
didn't the so-called jihadis didn't make any relief efforts? Why
didn't their foreign master – Pakistan didn't make any relief efforts?
Within the Pak Occupied Kashmir ( POK ) itself, Pakistan didn't make
appropriate
relief efforts. It is government of India & international community
who provided proper & timely relief.
The foreign powers are not at all interested in your well being. They
are ready to spend millions of dollars for aiding terrorism, but not
ready to spend a few hundreds for your education , health care or self
employment schemes through NGOs. The fact is they don't want your well
being, they don't want you to prosper, live peacefully. The ultimate
objective of these foreign powers is to take you on the path of self
destruction, destruction of your motherland & to finally usurp the
power, to subjugate you into slavery in turn looting the resources of
your country.
Ofcourse, in India there is rampant corruption. Still democracy is
live & kicking in India, it is the best form of governance. You have
got real examples of countries in Africa, latin America, wherein the
countries have secured independence through separatist / terrorist
movements. The terrorist leaders themselves have become prime
minister / president of newly independent countries. Now, they are
more corrupt & barbaric than their predecessors . even after getting
independence, the lives of commonfolk has become bad to worse. By
independence , only leaders have benefited. Will you lead another
struggle ? this is endless, as the selfishness , greed of leaders
knows no bounds.
In the past, government of India aided tamil separatists, Pakistan
terrorists, etc, butchering innocents. The government of U.S.A aided
terrorists in Africa, afghanisthan, latin America , murdering
innocents. Various countries have aided terrorism while preaching
peace. These barbaric acts were motivated by selfish, corrupt, ego-
centric leaders. Now, in the bomeerang effects of their actions,
innocents are dying in bomb blasts, etc.
Violence breeds violence. Peace & compassion results in all round
harmony, prosperity. Every human being must struggle against
injustices in a peaceful & legal manner. The struggle must be against
the corrupt system, for that peaceful struggle democracy is the best
forum. Don't be pawns in the hands of foreign powers, politicians.
They are not at all interested in your welfare, well being. At the
end, it is the leaders who become ministers & amass wealth through
corruption. The common folk like you will remain as fiddlings, minions
forever.
Just imagine yourselves in the place of victims of delhi serial bomb
blasts (29/10/2005) or Mumbai blasts of 26/11/08 . just imagine
the plight of little child MOSHE who has lost both his parents ,
imagine Your mother & wife are crying, your children are dead , your
father's hands & limbs are ripped apart in the blast. How does it feel
to be one ? no religion, no god asks it's followers to cause
destruction. All religions, gods are full of eternal love &
compassion. Let that god shine his light, upon you all on the violent
path.
Whether it is in india or else where , democratic system is best form
of governance. The people in those countries suffer due to corrupt
public servants . in all such cases , the legal , non violent fight
must be against the corrupt people , corrupt police , corrupt judges ,
CORRUPT public servants but not against the system itself.
Let us build ram rajya of mahatma's dream through non violent means
within the existing democratic framework .
SOILED NOTE FRAUD CASE @ RBI BANGALORE
- Trauma of an old man
Complete case details also available at
http://members.lycos.co.uk/ganapathihariram/
As per allegations of RBI management Bangalore in 1977-79 , criminal
nexus of RBI employees stole Rs. 220000 from RBI Bangalore. All the
banks , government treasuries in Karnataka , submit defaced / soiled
currency notes to RBI Bangalore in exchange for good notes. RBI after
collecting such defaced currency notes , sorts out fairly good notes
which can be reissued & burns off the remaining totally defaced
currency notes. All these process is done in a systematic manner.
As per allegations of the management , the crime took place in the
period of 1977-79 at RBI Bangalore. A nexus of employees, took away
the currency bundles meant for destruction & substituted it in the
place of bundles of reissuables.
Charge sheet issued by RBI Bangalore office to mr.G.Hariram
Staff no.3698/156/84-85 dt 1 april 1985
Amended charge sheet staff no 3798/156-84/85 dt 8 april 1985
CBI has charge sheeted 17 employees in connection with this case ,
case olde no. cc34/1989 new no. sc 436/1991 . the
honourable 21 city additional city civil & sessions court Bangalore
in
it's order dated 24.01.1992
discharged 03 charge sheeted employees , as the
prosecution
failed to prove the charges against them. They came out clean , as
they were innocents saddled with the crime done by others. One of the
charge sheeted employee who turned approver for the prosecution, has
given detailed account of the crime. Nowhere he has mentioned the
involvement of accussed no.15 mr.G.Hariram in the crime.
Even after coming out clean, mr.G.Hariram was not reinstated into
service by RBI. They gave the ruse of domestic enquiry & showed
contempt to the court order. On appeal, the honourable high court of
Karnataka ordered RBI to review it's order with respect to
mr.G.Hariram , still RBI failed to reinstate mr.G.Hariram into
service
, once gain showing contempt to the court of law.
In India as per law , the decisions of court of law are binding on
all
, orders of court over rides the organisation's internal rules ,
service rules , etc. inspite of lack of evidences, in a whimsical
manner the higher authorities of RBI , fixed some innocents as the
scape goats heaped all charges against them ( against whom they had
personal grudge , dislikes ). RBI repeatedly showed contempt to the
court orders , dismissed the scape goat - ailing old man mr.G.Hariram
from service. RBI snatched away his PF money towards the alleged loss
to the bank , didn't pay his gratuity amount , salary arrears and
finally he was even deprived of the pension. As a result , the old
man
has even lost his social prestige, dignity , his family suffered a
lot
& he is a mental wreck today.
Why RBI authoroties are hell bent upon to send away the innocents /
scape goats away from service ? why CBI didn't conduct polygraph
tests
of all the accussed , specifically higher officers of RBI , managers
of RBI office Bangalore ? probably the scape goats were aware of the
crimes master minded by higher ups & didn't co-operate with the
higher
ups in their crimes. So, the criminals were afraid that the scape
goats will blurt out truth to the world , fixed non co-operating
innocents themselves as criminals.
Who will give justice to innocents like old man mr.G.Hariram & who
will bell the corrupt , criminals , fat cats of RBI ?
Persecuted IROM SHARMILA of Puttaparthi Andhra Pradesh - - LAND MAFIA
silencing an Innocent woman in Puttaparthi Andhra Pradesh
- LOCAL POLICE & JUDICIARY hand in gloves with the mafia - An appeal
to Honourable supreme court of India
Land mafia with the support of local police are harassing an innocent
woman by name Ms.Pushpa & her family in Puttaparthi , Andhra Pradesh.
Ms.Pushpa & her family are living under threat to their lives , the
approach road to their house is partly closed , they have suffered
attempts of murder on their lives by police & rowdy elements , police
have illegally entered her house & illegally confiscated her property.
All for the reason that THEY REFUSED TO SELL THEIR PROPERTY TO THE
NEIGHBOURING BUILDER (WHO IS AN INFLUENTIAL POLITICIAN) WHO IS
ILLEGALLY BUILDING A HUGE COMPLEX . On top of this , the police have
foisted false cases on Ms.Pushpa to silence her , circulated
pamphlets , fake stories in the local media defaming Ms.pushpa & her
family , offending the dignity of a woman .
The local Judiciary has failed to stop further injustices to this lady
& failed to take legal action against public servants who failed to do
their duty . These public servants – local police , local judiciary ,
PUDA officials , Jail officials , Government Doctor together with the
complainant Ms.Pushpa must be subjected to narco analysis test. Till
date Unauthorised construction by neighbouring builder (taking away
the acess to Ms.Pushpa & her family’s property) is going on
unhindered.
Ms.Pushpa presently an under trial in district jail , Ananthpur
(admitted at Governement Hospital Ananthapur) IS UNDER FAST UNTO DEATH
protesting against the inaction of Local Judiciary & Police , which is
aiding the criminals to continue their crimes. If Ms.Pushpa & any of
her family member dies , suffers bodily injuries , etc , the Local
Jurisdictional Police , Jurisdictional Magistrate together with the
Superintendent of police , District Collector & Principal District &
Sessions Judge of the said Ananthapur District , Andhra Pradesh will
be responsible for it.
On 09.12.2010 mid night Ms. Pushpa Under trial Patient at Jail Ward
of Ananthapur District Hospital , Andhra Pradesh , faced threats
from some police personnel themselves. The Police claimed that they
are moving her to other higher medical hospital . Did the police had
written orders from Higher police officers to move her that too at
wee hours ? No. Did the police had the written discharge certificate
from the concerned government doctor ? No. Did the police had written
permission from the jurisdictional Judicial Magistrate Court to move
her? No. Even the police themselves didn’t not know where they are
taking her. All this proves that the police personnel were acting
illegally under the behest of some outside criminal elements. Inspite
of appeals for JUSTICE & PROTECTION to Under Trial Ms.Pushpa (who is
on Hunger Strike) , Nobody, no public servant has cared , even if the
public servants neglect their duties they get all 5 star pay & perks
at tax payer’s expense. SHAME SHAME to them.
Hereby , we do request the Honourable Supreme court of India , to
conduct a thorough enquiry by a third party not belonging to Andhra
Pradesh , to find the truth & give justice to the aggrieved.
An Appeal To Honourable Chief Justice of Andhra Pradesh High Court
---------- Forwarded message ----------
From: pushpa kolasani <
pkola...@gmail.com>
Date: Wed, Jan 5, 2011 at 2:41 PM
Subject: Harassment by few of G.G.Hospital Staff.Anantapur
To:
ap...@ap.nic.in
The Hon'ble Chief Justice,
A.P. High Court,
Madina, Charminar, Hyderabad.500 006.
"Gruhakalpa" Complex, M.J.Road.Hyderabad.500001.
Respected Sir,
Humbly,I am Ms.Pushpa presently an under trial in district jail ,
Ananthpur (admitted at Governement Hospital Ananthapur) IS UNDER FAST
UNTO DEATH protesting against the inaction of Local Judiciary &
Police , which is aiding the criminals to continue their crimes. I am
facing threats from some police and few of nursing staff who are
working in the same hospital for not coming under their pressure to
bend me for compromise with the criminals. They are not hesitating to
choose ugly ways to create terror in my mind in order to make me to
run away from this hospital. They have been harassing me very often by
humiliating and ill-treating before the public by using
unparliamentarily language. I am adjusting myself and cooperating with
the hospital staff even though they kept me in such ICCU which is even
verse than Busstand with no control on public movements being kept
along with TB patients due to which I am now suffering from lung
infection. last 09-12-2010 by influencing the general physician tried
to shift me from the hospital at mid night though I am not that bad,
with the frustration of failing in making me to bend for compromise
under great pressure from out side, now again tried to play new trick.
Nursing superintendent Mrs.Subhadra who got retired on this 31-12-2010
and also related to the ACCUSED PERSONS in S.C.NO.367/05 and
S.C.No.
13/08 which are now pending for trial in the Court of Asst.Sessions
Judge.Penukonda and her close relatives who are also present nursing
staff Mrs.P.Latha(in charge of ICCU for last 6yers with the special
interest of C.S.R.M.O Mr.RamaSubbaRao), Mrs.Ramathulasi,
Mrs.Mahalakshmi, Miss.Jayasree and mr.Shiva(A.M.C.) Anastasia
technician were caught red handedly on mid night of 29-12-2010 while
taking away my case sheet from the ICCU Ward with the help of male
staff nurse Mr.Narayana Naik and my servo lance A.R. Head Constable
Mr.M.B.N.Reddy.H.C.52 and W.PC 872 mrs. Saritha at around 12AM who tin
order to miss it and show me as FOUND ABSCAND and to Discharge from
the hospital. I have informed immediately to come and take action on
them to the D.A.P Mr.Shiva Kumar Reddy but he intentionally left them
to go free by saying that he will take action definitely, neither he
nor the night in charge nursing superintendent have not written MEMO’s
though they were informed at the same moment. the very next morning
instead of taking action on them based on MEMO written by the night
staff male nurse in C.S.R.M.O MEMO BOOK and my written complaint to
the Superintendent, C.S.R.M.O., and Nursing Superintendent of
G.G.H.Anantapur by coming under their pressure referred me to the
psychiatrist who works in the same Hospital in order to threat me and
to down my confidence level who came and examined me immediately and
reported as normal, when I demanded my general Physician to conduct
enquiry and stop treatment till they take action on those persons who
tried to theft my CASE SHEET, he enquired in to the matter, once after
finding it true he immediately he took note of it in C.S.R.M.O. MEMO
BOOK which was duly signed by the Ward in charge Head Sister on Dt.
30-12-2010 and the Ward in charge general Physician Mr.Veerabhadraih
submitted it to the C.S.R.M.O, but instead of submitting it to the
C.S.R.M.O the in charge Morning Staff Nurse Mrs.Parvathi gave it in to
the hands of Nursing Superintendent who made the same male staff nurse
to come to her and tare it off with his own hands in order to protect
them all by ruining the evidence. Though this has been brought to the
notice of the Superintendent and C.S.R.M.O till now no such action has
een taken against them, now they are harassing me by hiding bathroom
keys and asking me to go out for public toilet if I want to wash my
face like any other patient. Not allowing my servo lance to stay with
me, though it is tagged as ICCU it is of 12 bed general Ward with
open cots they are restricting the other patients and their attendees
from talking to me by mentioning each and every time that I am a
prisoner and if any one tries to talk to me they also have to go to
the jail as entire Police are acting against me, they continuously do
this each and every day including the general physician who come to
see my health condition regularly, usually most of the patients who
come there are obviously poor and Old couples who have no supporters
and hopeless, when ever I do service to them the Hospital staff always
engage themselves in passing defamatory statements against me and
terrify the other patients and try to rise quarrels by provoking the
workers and disturb me in order to prove that I am mentally not sound,
but still I am protected by the other Doctors and few other nursing
staff, workers and also by the other patient attendees. Now they are
immediately shifting them once they find they are good at me to the
other wards and threatening the other staff and workers to stay away
from me, instigating the police guards to close all communication and
demand money for guarding me for all these days, including my general
physician all staff nurses who ever come for their duty in this ICCU
indirectly keep on reminding me that if any one wants to stay for this
much long time in this hospital in admission they must pay monthly one
lack rupees and the other side will be warning me by taking the name
of some out side criminals and high rank officials by pointing out my
helplessness and non cooperation of Judiciary for neglecting me for
such long time though my life is at the edge of danger. Till the date
neither single official nor a single person from NHRC or APHRC came to
see me and enquire about me though my case has been numbered in NHRC
and forwarded to the APHRC.Hyderabad. Case No.789/1/2/2010/OC/M-2 due
to which I am now appearing before the entire society that I am even
NEGLECTED and not supported by the Judiciary comparing to the
Criminals like how they are being supported in my case. They are free
from all the tensions and continuing their illegal constructions with
the help of all other officials and most unfortunate and unbelievable
is J.F.C.Magistrate. Penukonda on whom I am now demanding for Judicial
enquiry has passed two
N.B.Ws in counter cases which are already
acquitted by the same court and spitted up only against me in which I
have already filed petitions U/s.239 Cr.P.C. to acquit me from those
cases and also they were asked to shift from that court to any other
court by the same Magistrate in his last and false submission to the
Hon’ble District Judge though I am under Judicial custody in order to
help police and give confidence to harass me. Once again they made all
arrangements to arrest me by exceeding their limits and desperately
trying to black mail me by showing those NBWs that they may produce me
before the same magistrate on P.T. WARRANTS in order to humiliate and
also to kill my confidence. just because the same magistrate is still
being continued in same Hon’ble position he is now waiting with two
N.B.Ws to send me to illegal remand once again immediately once after
I go out on bail the exact reason why I am not accepting the bail for
no offence and demanding for judicial enquiry on him. The Govt.
officials such as the District collector, Superintendent of
Police.Anantapur, Ministers, and high rank officials of Jail Dept. of
AP and also magistrates visit this hospital number of times but never
show any interest to know why I am here and what is my health
condition and under what circumstance I am kept here. When the
situation is this much verse around me, can it be imagined what will
be going on with my family members who are left totally hopeless with
out my presence? Now since three days the new Superintendent of this
hospital Mr.Bhasker is coming to me along with Head Sister
Miss.SujanaKumari and few other Staff and also with men security
guards are coming and bargaining and threatening for compromise and
stop my Hunger strike as he is much sympathized towards ALL OF THEM
INCLUDING STAFF NURSES for being troubled by all Depts. In Puttaparthi
and for the loss what they are facing due to the pressure of Hunger
strike at around 11.30pm in the name of rounds. Today again he came at
about 10pm with the same team started directly warning me ON BEHALF O
STAFF NURSES WITH THE LETTER FROM THE STAFF NURSES UNION IN HIS HANDS
instead of enquiring and taking appropriate action on the staff Nurses
who were caught red handedly by us while taking STEALING MY CASE SHEET
from ICCU at mid night, he again rudely advised me that if I don’t
stop this hunger strike here after and if I make any such complaint on
that particular Lady staff Nurse Mrs.P.Latha as she is backed by
C.S.R.M.O. Mr.RamaSubbaRao they themselves will create some fresh
allegation and throw me to such dirty ward where I can not even stay
for single day and it would even easy for my apposite party to target
me and attack at any moment.he called the Duty Doctor and ordered him
to transfer out to any such dirty ward filled with bad patients where
I I DIE WITH INFECTION ITSELF. he was even instigating police who came
for my security A.R.H.C. No. M.B.N.Reddy who was my security with no
women P.C to restrict me only to the bed, should not even allow to go
the bathroom. When he found me still having strong belief in the Law
he started making fun of me for having such faith in Judiciary even
after this much injustice happening with me. He was showing me to
others as one of the best example of those who have deceived by the
Law breakers and ALSO ADVISING ME TO APPROACH MEDIA OR ELSE THEY WILL
MAKE IT MUST FOR ME TO APPROACH MEDIA FOR JUSTICE AS ONE OF THE
EMPLOYEE IN THE OFFICE OF THE C.S.R.M.O IS ALSO WORKING IN ENADU
DAILY NEWS PAPER..So that there will be some consideration from the
side of Higher Judiciary to finish it soon.. But I said I can not
loose my confidence on Judiciary and drag the Hon’ble Judiciary in to
the public which has been protecting me from the all these criminals
for all these years. I am ready to loose my life but not faith in
Judiciary. May be delayed but I am confident that one fine day I
definitely get the Justice. till then I continue my hunger strike and
legal fight until I get the CANCELLING ORDER of ILLEGAL REMAND OF MINE
BASED ON THE EVIDENCE. I want an enquiry immediately to find the
truth & give justice to me the aggrieved based on the evidence which I
am ready to produce in proof what ever happened with us since eight
years before some thing goes wrong and some thing happens to my life
in this hospital itself and also make them all held responsible for
the consequences what ever they create in future to my life as they
are coming and disturbing me very often and trying to create some kind
of uncertainty around me which is causing me much mental agony as I am
not in that great condition to bear with their rude behavior towards
me. Always trying to make me nervous and go unconscious to prove me
that I am not stable in order to prove their earlier false reports
submitted to the higher authorities are true. From last night itself I
have stopped accepting their treatment until they take appropriate
acton on those who have tried to steal my case sheet and tore off the
MEMO WRITTEN BY THEIR OWN MALE STAFF NURSE Mr.NARAYANA NAAIK ON Dt.
30-12-2010 IN THE C.S.R.M.O MEMO BOOK. IN ORDER TO RUIN THE EVIDENCE.
Hence I pray the Hon'ble authorities
to visit the hospital before they move me some where else from here
with any such false reason like how they are planning and do needfull
Justice in time with no delay by sending concerned authorities as each
and every moment is proving danger to my life in their hands and till
then please pass such orders to stop all these efforts to move me from
this hospital and give better treatment as I am loosing my vision and
suffering from Guddiness,Nubmness, severe Cramps, crumbles and lung
infection as per the capacity of Grade 1 hospital and also kindly
order the Superintendent.G.G.H.Anantapur to not to involve in to any
of my matters including my treatment and do arrange a separate room
till then with propper security by considering the threat to my life
in the interest of justice.
Dt.05-01-2011,
Pushpa.K.
In-Person.
· Harassment in G.G.H.Anantapur.Pushpa
*
pushpa kolasani Add to contacts
To
nagar...@hotmail.com,
nag...@yahoo.com
From:
pushpa kolasani (
pkola...@gmail.com)
Sent:
05 January 2011 06:40AM
To:
nagar...@hotmail.com
Cc:
nag...@yahoo.com
Sir..
The Govt. officials such as the District collector, Superintendent of
Police.Anantapur, Ministers, and high rank officials of Jail Dept. of
AP and also magistrates visit this hospital number of times but never
show any interest to know why I am here and what is my health
condition and under what circumstance I am kept here. When the
situation is this much verse around me, can it be imagined what will
be going on with my family members who are left totally hopeless with
out my presence? Now since three days the new Superintendent of this
hospital Mr.Bhasker is coming to me along with Head Sister
Miss.SujanaKumari and few other Staff and also with men security
guards are coming and bargaining and threatening for compromise and
stop my Hunger strike as he is much sympathized towards ALL OF THEM
INCLUDING STAFF NURSES for being troubled by all Depts. In Puttaparthi
and for the loss what they are facing due to the pressure of Hunger
strike at around 11.30pm in the name of rounds. Today again he came at
about 10pm with the same team started directly warning me ON BEHALF O
STAFF NURSES WITH THE LETTER FROM THE STAFF NURSES UNION IN HIS HANDS
instead of enquiring and taking appropriate action on the staff Nurses
who were caught red handedly by us while STEALING MY CASE SHEET my
case sheet from ICCU at mid night, he again rudely advised me that if
I don’t stop this hunger strike here after and if I make any such
complaint on that particular Lady staff Nurse Mrs.P.Latha as she is
backed by C.S.R.M.O. Mr.RamaSubbaRao they themselves will create some
fresh allegation and throw me to such dirty ward where I can not even
stay for single day and it would even easy for my apposite party to
target me and attack at any moment. He called the Duty Doctor and
ordered him to transfer out to any such dirty ward filled with bad
patients where I DIE WITH INFECTION ITSELF. he was even instigating
police who came for my security A.R.H.C. No. B.L.N.Reddy who was my
security with no women P.C to restrict me only to the bed, should not
even allow to go the bathroom. When he found me still having strong
belief in the Law he started making fun of me for having such faith in
Judiciary even after this much injustice happening with me. He was
showing me to others as one of the best example of those who have
deceived by the Law breakers and ALSO ADVISING ME TO APPROACH MEDIA
OR ELSE THEY WILL MAKE IT MUST FOR ME TO APPROACH MEDIA FOR JUSTICE AS
ONE OF THE EMPLOYEE IN THE OFFICE OF THE C.S.R.M.O IS ALSO WORKING IN
EENADU DAILY NEWS PAPER. so that there will be some consideration from
the side of Higher Judiciary to finish it soon.. But I said I can not
loose my confidence on Judiciary and drag the Hon’ble Judiciary in to
the public which has been protecting me from the all these criminals
for all these years. I am ready to loose my life but not faith in
Judiciary. May be delayed but I am confident that one fine day I
definitely get the Justice.
Today this morning I heard
from many of outers who came to visit their patients that there is
some news published in ENADU Telugu daily news paper in favor of those
Staff Nurses and also I found that “ALL STAFF NURSES ARE REFUSING TO
WORK IN ICCU UNTILL I GET DISCHARGED FROM HOSPITAL” it clearly proves
their plan of action in future what they are going to do in future
with me if I don’t stop asking the hospital authorities to enquire and
take appropriate action on those who were caught red handedly while
stealing my case sheet from the ICCU to misplace it and discharge me
by showing me as FOUND ABSCAND(FA). Now it clears that Mr.Bhasker
colluded with those staff nurses and out side criminals and harass me
on behalf of them as take full time job to trouble me if I don’t bend
me for compromise with them. I doubt the way they behave and approach
while talking to me.. I want an enquiry immediately to find the truth
& give justice to me the aggrieved based on the evidence which I am
ready to produce in proof what ever happened with us since eight years
before some thing goes wrong and some thing happens to my life in this
hospital itself and also make them all held responsible for the
consequences what ever they create in future to my life as they are
coming and disturbing me very often and trying to create some kind of
uncertainty around me which is causing me much mental agony as I am
not in that great condition to bear with their rude behavior towards
me. Always trying to make me nervous and go unconscious to prove me
that I am not stable in order to prove their earlier reports submitted
to the higher authorities are true. From last night itself I have
stopped accepting their treatment until they take appropriate acton on
those who have tried to steal my case sheet and tore off the MEMO
WRITTEN BY THEIR OWN MALE STAFF NURSE Mr.NARAYANA NAAIK ON Dt.
30-12-2010 IN THE C.S.R.M.O MEMO BOOK. IN ORDER TO RUIN THE EVIDENCE.
Regards,
Pushpa.K
From:
pushpa kolasani (
pkola...@gmail.com)
Sent:
02 January 2011 13:38PM
To:
nagar...@hotmail.com
Cc:
nag...@yahoo.com
Sir,
Humbly..I am Ms.Pushpa presently an under trial in district jail ,
Ananthpur (admitted at Governement Hospital Ananthapur) IS UNDER FAST
UNTO DEATH protesting against the inaction of Local Judiciary &
Police , which is aiding the criminals to continue their crimes. I am
facing threats from some police and few of nursing staff who are
working in the same hospital for not coming under their pressure to
bend me for compromise with the criminals. They are not hesitating to
choose ugly ways to create terror in my mind in order to make me to
run away from this hospital. They have been harassing me very often by
humiliating and ill-treating before the public by using
unparliamentarily language. I am adjusting myself and cooperating with
the hospital staff even though they kept me in such ICCU which is even
verse than Busstand with no control on public movements being kept
along with TB patients due to which I am now suffering from lung
infection. last 09-12-2010 by influencing the general physician tried
to shift me from the hospital at mid night though I am not that bad,
with the frustration of failing in making me to bend for compromise
under great pressure from out side, now again tried to play new trick.
Nursing superintendent Mrs.Subhadra who got retired on this 31-12-2010
and also related to the ACCUSED PERSONS in S.C.NO.367/05 and
S.C.No.
13/08 which are now pending for trial in the Court of Asst.Sessions
Judge.Penukonda and her close relatives who are also present nursing
staff Mrs.P.Latha(in charge of ICCU for last 6yers with the special
interest of C.S.R.M.O Mr.RamaSubbaRao), Mrs.Ramathulasi,
Mrs.Mahalakshmi, Miss.Jayasree and mr.Shiva(A.M.C.) Anastasia
technician were caught red handedly on mid night of 29-12-2010 while
taking away my case sheet from the ICCU Ward with the help of male
staff nurse Mr.Narayana Naik and my servo lance A.R. Head Constable
Mr.M.B.N.Reddy.H.C.52 and W.PC 872 mrs. Saritha at around 12AM who tin
order to miss it and show me as FOUND ABSCAND and to Discharge from
the hospital. I have informed immediately to come and take action on
them to the D.A.P Mr.Shiva Kumar Reddy but he intentionally left them
to go free by saying that he will take action definitely, neither he
nor the night in charge nursing superintendent have not written MEMO’s
though they were informed at the same moment. the very next morning
instead of taking action on them based on MEMO written by the night
staff male nurse in C.S.R.M.O MEMO BOOK and my written complaint to
the Superintendent, C.S.R.M.O., and Nursing Superintendent of
G.G.H.Anantapur by coming under their pressure referred me to the
psychiatrist who works in the same Hospital in order to threat me and
to down my confidence level who came and examined me immediately and
reported as normal, when I demanded my general Physician to conduct
enquiry and stop treatment till they take action on those persons who
tried to theft my CASE SHEET, he enquired in to the matter, once after
finding it true he immediately he took note of it in C.S.R.M.O. MEMO
BOOK which was duly signed by the Ward in charge Head Sister on Dt.
30-12-2010 and the Ward in charge general Physician Mr.Veerabhadraih
submitted it to the C.S.R.M.O, but instead of submitting it to the
C.S.R.M.O the in charge Morning Staff Nurse Mrs.Parvathi gave it in to
the hands of Nursing Superintendent who made the same male staff nurse
to come to her and tare it off with his own hands in order to protect
them all by ruining the evidence. Though this has been brought to the
notice of the Superintendent and C.S.R.M.O till now no such action has
een taken against them, now they are harassing me by hiding bathroom
keys and asking me to go out for public toilet if I want to wash my
face like any other patient. Not allowing my servo lance to stay with
me, though it is tagged as ICCU it is of 12 bed general Ward with
open cots they are restricting the other patients and their attendees
from talking to me by mentioning each and every time that I am a
prisoner and if any one tries to talk to me they also have to go to
the jail as entire Police are acting against me, they continuously do
this each and every day including the general physician who come to
see my health condition regularly, usually most of the patients who
come there are obviously poor and Old couples who have no supporters
and hopeless, when ever I do service to them the Hospital staff always
engage themselves in passing defamatory statements against me and
terrify the other patients and try to rise quarrels by provoking the
workers and disturb me in order to prove that I am mentally not sound,
but still I am protected by the other Doctors and few other nursing
staff, workers and also by the other patient attendees. Now they are
immediately shifting them once they find they are good at me to the
other wards and threatening the other staff and workers to stay away
from me, instigating the police guards to close all communication and
demand money for guarding me for all these days, including my general
physician all staff nurses who ever come for their duty in this ICCU
indirectly keep on reminding me that if any one wants to stay for this
much long time in this hospital in admission they must pay monthly one
lack rupees and the other side will be warning me by taking the name
of some out side criminals and high rank officials by pointing out my
helplessness and non cooperation of Judiciary for neglecting me for
such long time though my life is at the edge of danger. Till the date
neither single official nor a single person from NHRC or APHRC came to
see me and enquire about me though my case has been numbered in NHRC
and forwarded to the APHRC.Hyderabad. Case No.789/1/2/2010/OC/M-2 due
to which I am now appearing before the entire society that I am even
NEGLECTED and not supported by the Judiciary comparing to the
Criminals like how they are being supported in my case. They are free
from all the tensions and continuing their illegal constructions with
the help of all other officials and most unfortunate and unbelievable
thing is J.F.C.Magistrate. Penukonda on whom I am now demanding for
Judicial enquiry has passed two
N.B.Ws in counter cases which are
already acquitted by the same court and spitted up only against me in
which I have already filed petitions U/s.239 Cr.P.C. to acquit me from
those cases and also they were asked to shift from that court to any
other court by the same Magistrate in his last and false submission to
the Hon’ble District Judge though I am under Judicial custody in order
to help police and give confidence to harass me by closing all our
petitions filed for recovery of our two cell phones which are must for
evidence at the time of Judicial enquiry to submit the vidio evidence.
now once again they made all arrangements to arrest me by exceeding
their limits and desperately trying to black mail me by showing those
NBWs that they may produce me before the same magistrate on P.T.
WARRANTS in order to humiliate and also to kill my confidence. just
because the same magistrate is still being continued in same Hon’ble
position he is now waiting with two
N.B.Ws to send me to illegal
remand once again immediately once after I go out on bail the exact
reason why I am not accepting the bail for no offence and demanding
for judicial enquiry on him. The Govt. officials such as the District
collector, Superintendent of Police.Anantapur, Ministers, and high
rank officials of Jail Dept. of AP and also magistrates visit this
hospital number of times but never show any interest to know why I am
here and what is my health condition and under what circumstance I am
kept here. When the situation is this much verse around me, can it be
imagined what will be going on with my family members who are left
totally hopeless with out my presence? When ever these people find me
still having strong belief in the Law all these are making fun of me
for having such faith in Judiciary even after this much injustice
happening with me. they are showing me to others as one of the best
example of those who have deceived by the Law breakers and ALSO
ADVISING ME TO APPROACH MEDIA so that there will be some consideration
from the side of Higher Judiciary but I my self don’t want to loose my
confidence on Judiciary. I am ready to loose my life but not faith in
Judiciary. I am confident that one fine day I definitely get the
Justice. till then I continue my hunger strike and legal fight until I
get the CANCELLING ORDER of ILLEGAL REMAND OF MINE BASED ON THE
EVIDENCE. I want an enquiry immediately to find the truth & give
justice to me the aggrieved based on the evidence which I am ready to
produce in proof what ever happened with us since eight years before
some thing goes wrong and some thing happens to my life.
Thank you,
Pushpa.
JUDICIAL ATROCITY AGAINST AN INNOCENT WOMAN
Date: Thu, 23 Sep 2010 08:16:50 +0530
Subject: Sir..I need your kind attention immediately as iam in
need..urgent..
From:
pkola...@gmail.com
To:
nag...@yahoo.com
CC:
nagar...@hotmail.com
sir..
humbly..Iam miss.Pushpa.Kolasani resident of puttaparthi,Anantapur
Dist.AP. a law graduate but engased in to computer animation
bussiness..problem is
I am on hunger strike for last 37 days demanding for judicial enquiry
on magistrate who has given me for illegal judicial remand in a falsly
implicated case against me by the police.Anantapur in Cr.No.50/10, U/s.
353C.P.Cto bend me for compromise in S.C.No.13/08,
S.C.No.
367/05 ,pending in the court of Asst.Sessions Judge.Penukonda, C.C.S.R.
02/09, pending in the court of JFCM.Penukonda and few other related
cases linked with them in which police or directly involved and now
they are at trail stage but they have even influenced my legal councel
also..now I am permited to take the procecution side party in person
in the place of PP and Spl.PP who were appointed earlier in them who
made me arrested exactly one year before same like this though my
recall petition was pending before the bench IN COUNTER CASES..now
again it has been repeated thats why i have started hunger strike
since then to put an end for their dramma once for all..i have sent a
petition to the NHRC and the Chief Justice of High Court.AP but of no
use at all..now I am under the treatment of Govt.General
Hospital.Anantapur..police are forcing them too to not to issue any
copyies of my medical reports to submit to the court..as i am taking a
risk of sending this mail to you with the help of hospital staff
only..may not e all the times possible..so i shall engage my sister
Mrs.S.Ch.Padma to contact you over phone in this regard on behalf of
me..i need your guidence and timely help..at any cost Iam not ready to
let them go free..in this 3 magistrates and even GJ of anantapur is
also involved now..i am ready to put forth all the clear and
documentary evidence to prove their faults..my sisters phone Nos are...
09441552129, 09441111772..pls o respond immediately..
thank you sir,
regards,
pushpa.k
D/o.K.Venkatesu.
6/20-D.kolasani buildings,
university road,
puttaparthi,Anantapur.Dist.A.P.
CROSS EXAMINATION OF COMMISSIONER OF PUDA ( PUTTAPARTHI URBAN
DEVELOPMENT AUTHORITY ) ANDHRA PRADESH
1. how many times since 1987 , PUDA/ GOVERNMENT has revised /
modified the mysore city's comprehensive city development plan ?
2. how many cases of CDP violations were registered by PUDA /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP
revision / modification by the authorities ?
4. when an application for alienation of land is made to you , say
from civic amenity site to commercial , what norms are followed by
PUDA / GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality ,
if the area is already full ? do you deprive people of civic
amenities ?
6. during such alienation , is the PUDA / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ?
if not why ?
7. in Puttaparthi city , many building complexes , buildings have been
built fully violating building bye-laws – no set off , no parking
space , no emergency fire exit , no earthquake tolerant . what action
by PUDA / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered
by PUDA / GOVERNMENT since 1987 ? what is the action status report
yearwise ?
9. how much of PUDA's / GOVERNMENT's lands , sites , buildings &
houses have been illegally occupied by criminal tresspassers since
1987 ?
10. has the PUDA / GOVERNMENT registered criminal cases against each
such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation PUDA / GOVERNMENT has
legalized , regularized such illegal occupation just through PUDA's
resolution instead of of reallotting the same through public
notification to the next senior most in the waiting list , after
giving notice of allotment cancellation to original allottee ? if not
done so why ?
12. has the PUDA / GOVERNMENT followed all legal norms in re-
allotment of lands , sites , houses , etc to the illegal occupiers ?
what is the procedure followed ?
13. in Puttaparthi city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by
PUDA , GOVERNMENT & how many not ? since 1987 till date ?
14. has the PUDA / GOVERNMENT filed criminal complaints against such
illegal housing societies & illegal real estate firms ? if not why ?
15. what action PUDA / GOVERNMENT has initiated against real estate
firms & housing societies who have violated PUDA norms , layout
plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road ,
space for civic amenities , parking space , emergency fire exit , etc
keeping high in the mind safety of people first. PUDA / GOVERNMENT is
in the practice of levying a pittance as penalty on the building
byelaw violators , layout Development plan violators & legalizing
those
violations. Safety of public & amenities of public are totally
neglected by PUDA / GOVERNMENT . When public people die , suffer
injuries / accidents – say during a fire tragedy in a complex due to
lack of fire exit , when people park vehicles on pavement in front of
a business complex as the complex doesn't have a parking space of it's
own , the pedestrians going that way are forced to come down on road
resulting in accidents , injuries & deaths . is not the PUDA /
GOVERNMENT responsible for those accidents , injuries & deaths ?
17. what is the criteria adopted by PUDA / GOVERNMENT for out of Turn
allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports
persons , etc have benefited from these out of turn allotments by
PUDA / GOVERNMENT ? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing
societies , who have violated PUDA / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority
people illegally live On PUDA / GOVERNMENT sites building temporary
huts , PUDA / AUTHORITIES with the help of police razes down those
huts & evicts the poor by brute force. Whereas , when cronies of
political bigwigs illegally occupy PUDA / GOVERNMENT lands worth
crores of rupees & build big complexes earning thousands of rupees
monthly rent , PUDA or authorities not even files police complaint
against them instead regularizes the illegal occupation by levying a
pittance as fine. Why this double standard by PUDA / GOVERNMENT ?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by PUDA /
GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of PUDA / GOVERNMENT lands , sites , houses are under
illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the PUDA ,AUTHORITIES
recovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals –
tresspassers ? if not why ?
25. is the PUDA / GOVERNMENT giving wide publicity & sufficient time
to bidders about it's auction schedules ?
26. is the PUDA / GOVERNMENT giving market value to land loosers ?
27. is the PUDA / GOVERNMENT exactly using the acquired lands , for
the same purpose mentioned in the project plan ?
28. is the PUDA / AUTHORITIES acquiring lands at lower rates from
farmers & selling it at a premium , by way making profits just like a
real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage
of whole villagers, forest for the usage of whole village , lands
belonging to village temples. Some villagers have donated their
personal lands to village temples , cattle grazing for the benefit of
whole villagers. All the villagers are stake holders , owners of such
lands. When PUDA /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have
been closed , filled with mud , developed , sold as sites , etc by
PUDA or other land developers ?
31. has the PUDA , taken alternate steps to create new lakes ,
ponds ? how many are created till date ?
32. in & around Puttaparthi city , high tension electric lines are
there in busy residential areas . as per Indian electricity act , no
permanent structures should be under the HT lines. However there are
buildings under it. In some places , HT lines runs in the middle of
the road. The authorities Have developed those areas beneath HT lines
as parks , rented out
advertisement spaces & built permanent fencing of those areas spending
lakhs of taxpayer's money. This fencing obstructs the movement of
service personnel of electricity board , to service HT line. Are all
these structures under
& surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by
PUDA / GOVERNMENT or other developers ? specific figures yearwise
since 1987 castewise , religionwise ?
34. in & around Puttaparthi city , in how many areas developed by
PUDA & private developers , the sewage water generated in those areas
is directly let into lake , ponds ?
35. how many tributaries , lakes , ponds are killed in this fashion by
PUDA & other developers , housing societies ?
36. how many business complexes , flats , residential layouts
developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into
unauthorized dumping grounds , lakes , etc . thus disturbing the
environment & creating public health hazard ? how the PUDA Is
monitoring sewage / waste disposal ? status report yearwise since 1987
till date .
37. how many unauthorized housing layouts are there in & around
Puttaparthi city ? what action by PUDA / GOVERNMENT against them ?
action taken report yearwise since 1987 till date .
38. around Puttaparthi city , vast areas of village farm lands ,
agricultural lands are acquired by private real estate developers for
non agricultural purposes by a single firm or single owner. Are these
actions legal ? some of these real estate agents have sold those lands
to private industries , multinational companies for crores of rupees.
Has the PUDA /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has APIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the APIADB's
comprehensive industrial area development plan ?
40. has the PUDA , APIADB given wide publicity , public notice calling
for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to PUDA's CDP
& APIADB's industrial area development plan ? violations how many ?
42. is the PUDA & APIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on Complaint made by Ms.Pushpa
Regarding illegal complex construction , neighbouring her house ?
44.Why the illegal structure mentioned by the complainanant was not
demolished ?
45. If PUDA does not have man power for demolition , did it request
the appropriate authorities , for the same ? when ?
46.Is it right , legal for PUDA officials to postpone the demolition
of illegal structures in anticipation of regularization of the same by
government ?
47.Is not legalizing a crime itself a crime ?
48.numerous NGO's , trusts promoted by religious bodies , mutts are
allotted prime lands at preferrential rates , for the reason that they
will use it for public / social welfare. however many of the trusts
are using the whole or part of the land for commercial purposes other
than the stated public / social welfare purpose. what action has been
taken by PUDA or government in such cases ?
49.how many trusts have violated government norms in this way since
1987 till date? what action taken by PUDA & government action taken
report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized
by PUDA or authorities , on what legal grounds ? ATR since 1987 till
date ?
51.before regularizing such violations have you sought public
objections & given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some PUDA / REVENUE
officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial
lands by PUDA / GOVERNMENT on lease basis , in turn the said trusts ,
NGOs have sublet it either partly or wholly to others ?
54.how many such lease allotments are sold by PUDA / GOVERNMENT before
the expiry of lease period , without public auction ?
55. what are the norms followed by PUDA / GOVERNMENT for the sale of
leased lands to the lessee before the expiry of lease period ?
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
A B C D of Denocracy – A Lesson for all people’s representatives
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.
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.
Cross-Examination of Chief Justice of India , Union Home Secretary of
GOI and DG & IG of Police of Government of Karnataka
Hereby , we DEMAND the Honourable Chief Justice of India , Union
Home Secretary of GOI and DG & IG of Police of Government of
Karnataka to answer the following questions in public interest , for
safeguarding national security , National unity & integrity & to
legally apprehend anti-nationals , criminals within the judiciary &
police.
Q1. Why not death sentence to corrupt police who murder people in in
lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree
torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with
criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the
interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public
servants , industrialists , etc in the media . Then why not police
taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by
constitutional functionaries , public servants in the media. Instead
of wasting money , killing time by prolonging formation of
parliamentary committees , judicial commissions , why not subject
those accussed public servants to narco analysis , lie deector test ,
etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants
evidences , witnesses to take action against the rich & mighty crooks.
Where as if a rich person just gives a complaint against a poor chap ,
he is arrested , tortured eventhough there are no evidences ,
witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental
rights or as per RTI ACT , the public servants don't give full ,
truthfull information. Still , police / courts don't take action
against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain
commission of enquiry or supreme court of india probing late prime
minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news
paper , by snatching away my job oppurtunities in government service,
by physically assaulting me , by threatening me of false fix-ups in
cases & by attempts to murder me. But no action against culprits ,
why ?
Q11. Whereas , I was enquired number of times by police & intelligence
personnel about this case , but the culprits were not enquired even
once , why ?
Q12.who compensates the losses I have suffered due to these
injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of
witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in
their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of
peon to IAS officer , police verification is mandatory. While
appointing to sensitive defense establishments , research institutes
in addition to police verification , central intelligence agencies
cross-check candidate's background. However is there no background
checks of constitutional functionaries , MPs , MLAs , , who are privy
to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during
presidential allegations that close relative of one of the front
running candidates have swindled public money by their bank , misused
public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world.
In india , more than half the population are poor , people are
starving to death. Inspite these background , GOI funded & aided
terrorist outfits in former east Pakistan ensuring the creation of
Bangladesh , GOI has funded & aided terrorist outfits like LTTE ,
TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist
outfits have murdered thousands of innocents in those countries. Are
these acts of GOI just & legal ? Is not GOI responsible for all those
murders of innocents ? has GOI paid any compensation to those victims
or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist
groups , GOI has funded & aided couter terrorist groups , is it right
& legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed ,
trained & funded "salwa judum" to counter naxalites. Salwa judum
cadres are terrorizing innocents just like naxalites. Is this action
of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even
where there are no problems of terrorism , TADA / POTA is being
slapped against innocents , even children. In M.M.Hills of Karnataka
state , STF personnel charged tribal people with TADA on frivolous
charges of taking lunch to veerappan , stiching dress for the forest
brigand, etc. where as the prominent political, film , sports
personalities who have links with underworld , anti national elements
& attended parties hosted by dawood Ibrahim , other dons in gulf
countries , else where. But these hi-fi people are not charged with
TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully
knowing well the criminal objectives of criminals , hid the dangerous
arms & ammunition in his home , which were intended for terrorizing
public. However mr.dutt is not charged with TADA / POTA instead he is
charged with illegal possession of arms act ( which is normally
applied to farmers who use illegal home made guns to scare away
animals , birds in their farms ). Why this favourable treatment of
mr.dutt by police ? prosecution ? is this because dutt is politically
mighty & rich ?
Q23. Law is one & same for all , the public servants, police
interpretes , enforces it differentially between rich & poor ? why
this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to
international criminal syndicate selling duplicate nokia mobiles.
Every nokia mobile comes with 15 digit IMEI number , this number is
also used by police for tracking criminals. In consumer dispute at
consumer disputes redressal forum Mysore CD 49/05 , nokia company
stated that all it's products come with IMEI number only & stated that
the product in dispute sold by tata indicom dealer M/S INTOTO
COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI
numbers. Further nokia stated they don't have any business
relationship with either tata indicom or it's dealer. However the tata
indicom dealer stated that indeed his products are genuine , first
hand products , but doesn't have IMEI numbers . this proves the dealer
in collusion with tata company is selling illegal nokia mobile hand
sets & cheating the public. These mobiles are evading taxes , as well
as these are without IMEI numbers best buy for criminal elements who
want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to
close a case ie to file "B" report , when after certain time limit no
leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully
fail to investigate case properly , so that either the case can be
closed with "B" report or the prosecution fails to prove the case in
court ?
Q27. Who among police takes the decision to appeal against the verdict
of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court
order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does
the notorious big time rich criminals get spacious barracks with tv,
news paper , adequate food , medical care , etc while small time
criminals , poor are crammed into pig sty like rooms with 60-70
inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of
police , government of Karnataka on 10/12/2004 ? the copies of
complaint was released at press meet at patrakartara bhavan Mysore on
same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges
to certain constitutional functionaries , so that they are not
burdened with frivolous court cases & can concentrate on their
constitutional duties. But these privileges doesn't cover the
individual actions of those public servants like rape , murder , dowry
harassment , tax evasion , misuse of office , etc. but still law
enforcement / police department is bound to send request to home
ministry seeking permission & home ministry sits over files for
months. This gives the accussed ample time to destroy evidences. Is it
right & legal ?
Q33. Does legal immunity privileges cover their official actions
alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the
prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other
people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing
criminal charges , yearwise since 1987 ? how many of them were
eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have
have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by
underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by
police in various cases . but shown in the police records as
absconding but in reality are attending the proceedings of the house
as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she
occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or
have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual
citizenship ?
Q44. How do you monitor public servants who have spouses of foreign
origin & while they are on foreign tour , from national security
perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister
mr.subramanya swamy alleging that late P.M rajiv gandhi's family
received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political
parties , when that culprit party comes to power all the cases
involving it's partymen are withdrawn by the government orelse
prosecution fails to prove it's case & prefers not to appeal. Just
remember Bombay riot case involving shiv sainiks & others , when shiv
sena – BJP came to power in Maharashtra , all the cases against it's
partymen were withdrawn. Are these type of decisions by government
just & legal ?
Q48.what damages has been done to india's national security due to
mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in
various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police
failures , fix-ups , , who suffer in jail for years & acquitted by
courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges
against guilty police officers who are responsible for lock-up
deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF
personnel who were responsible for gross human rights violations ,
3rddegree torture , lock-up deaths of innocents in forest brigand
veerappan's territory , based on justice A.J.Sadashiva commission
findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do
offer my conditional services to GOI & GOK to apprehend corrupt public
servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing
crimes , mass fury , riots , etc. they suffer more & even their family
members suffer threats from the criminal elements. Do the government
provide insurance coverage to police & their family members on the
lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his
family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to
police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in
public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry ,
orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in
india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING ,
LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING
ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-
analysis , lie-detector test , etc under the control of police
department ?
Q67. Is it not right to put it under impartial control of NHRC or like
bodies ?
Q68. Is the action of some police officers arranging compromise
meetings & subtly insisting the poor to tow the line of rich or else
face the consequences , is it right & legal ? this happens mostly in
real estate matters.
Q69. Did government make any ransom payments to forest brigand
veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi
during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the
media about misuse of office , criminal acts by judges from munsiff
court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such
cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or
has it just ended with their resignation from services or his superior
judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their
wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed /
tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges
including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on
sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher
court , what action is initiated against lower court judge for making
unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against
judges are made , why the accussed – judges are not subjected to tests
like "poly graph , lie detector , brain mapping , etc" , in the
interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible
to be the members of "Karnataka state government judicial department
house building co-operative society". Then how come , many judges
including supreme court judges are admitted as members of this society
& allotted prime residential site worth crores of rupees for a few
thousands by the said society at said society's – judicial layout ,
yelahanka , Bangalore ? while the ordinary members like peons , clerks
in judicial department are waiting for a site since years , is not the
whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central
government or state government or government agency is one of the
parties. How many judges or their family members , have received out
of turn , favourable allotments of sites , gas agency , petrol pumps ,
etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd
degree torture by police , is not the judge of the respective court
which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges &
the police officers for committing 3rd degree torture , on charges of
attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish
me the merit ranking list of selected candidates along with my merit
ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me
merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while
under police custody or judicial custody , is not the respective judge
dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial
custody , for periods far exceeding the legally stipulated sentence
periods. For example : a pick-pocketer is in jail for one year , the
judge finds him guilty of offence & gives him 3 months sentence. What
about the excess punishment of 9 months. Is not the judge responsible
for the illegal , excess punishment of the convict ? what action
against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge
finds them as innocents & acquits them of the charges. What about the
prison sentence , the innocent has already served ? is not the judge
responsible for this illegal , unjust punishment to an innocent ?
remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions &
the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions
as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges
of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from
bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges ,
as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled
caste , scheduled tribe , other backward classes , minorities & women
are their in supreme court , state high courts & subordinate courts ?
kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce
the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of
affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at
the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic
drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high
court judges & newly selected women judges involved in roost resort
scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are
not getting proper health care from government at government
hospitals. Is it right & just to provide premium health care to
judges , constitutional functionaries at 5-star private hospitals in
India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to
ascertain their health , mental faculties & mental balance in the
midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting
applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing
"amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an
"amicus curie" in late P.M Rajiv Gandhi's assassination case , was not
considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-
motto action ?
Q114. numerous cases of injustices are reported in the media daily ,
with supporting evidences . why not the judiciary take suo-motto
action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal
opinion , before providing legal aid to the needy ? is it not needy
person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility
of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during
the police custody / judicial custody / prison sentence right ? what
action ?
Q118. when the corrupt police officer & government prosecution
advocate together cover-up evidences , conducts improper investigation
intentionally to fail the case – to cover-up rich crooks , high &
mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police ,
government advoctes , tax officials , officials of licensing
authorities , to ensure proper & fair prosecution of cases against
rich & mighty ?
Q120. what are the status of appeals made by human rights activist
NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-
judicial positions like district / taluk magistrates , tax officers ,
revenue officers , land acquisition officers , etc. how the judiciary
monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of
human rights watch , do offer my free services to honourable supreme
court of India , to apprehend corrupt judges , are you – the
honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable
supreme court of India , through government of india's on-line
grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/
2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/
2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/
2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/
2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/
2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/
2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/
2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/
2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/
2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/
2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/
2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 ,
DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India ,
copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing
crimes – rape , attempt to murder , swindling government money ,
untouchability practice , the disrespect to national flag , sale of
judicial orders , bail , receipt of monetary gains by way of royalty
for books , prime real estate purchase at discounted rate , taking
round about long foreign tours along with family in the name of
official work , etc. by this way , judges themselves are making
contempt of court , constitution of India & citizens of India. How you
are protecting the honour of the judiciary , constitution of India &
citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to
policemen's family as being given to defense personnel , ex-servicemen
& their families , like preferential site allotment , lpg agency ,
ration depot , reservation in college admission , soft bank loans ,
etc ?
Q126. if not , why ? after all , the contribution of police to
national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates
in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term,
abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health,
lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged
an innocent person of criminal acts , resulting in his confinement in
jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such
guilty police personnel & pay it as compensation to victims of police
failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign
origin naturalized by marriage to an Indian or naturalized by option ,
to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies ,
criminal cases were foisted against our freedom fighters in India &
other british colonies. After india's independence what happened to
those cases ? did our Indian government close all such cases or did it
continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with
the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash
Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's
colonies , to face prosecution after India gained independence ? HAS
GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why ,
whom ?
Q.137. the honourable supreme court of India failed provide
information to me as per my RTI request appeal no : 91 / 2007 in
response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 ,
why ?
Q138 . the honourable union home secretary failed to give me
information as per my rti request , he transferred my application to
others , in turn they transferred the application to some others.
Finally , complete truthful information was not given , why ? as the
union home secretary has got copies of all those replies in response
to transferred RTI application , will he send me a consolidated reply
to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court ,
we have seen how defense advocate mr. R.S.ANAND & prosecution advocate
mr. I.U.KHAN made a secret pact to win the case in favour of rich
criminal , totally manipulating prosecution witnesses , evidences &
prosecution stand , totally making mockery of justice system . how you
are ensuring the delivery of justice , there being numerous such
advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields
enormous clout more than the Prime Minister himself over the
government of India being the chair person of UPA. Is she legally
permitted to summon confidential official records , minutes of the
cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices
like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under
the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators &
parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries,
like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed
by the constitution, above the privileges of the constitutional
functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House
of commons in England which is considered to be a superior court and
court of records ?
Q150. Can the division of powers, namely the legislature, the
executive and the Judiciary, be equated to the functioning of the
House of commons and House of Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of
the House or court and causing contempt of the house or court by
raising the issues of accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent
or to nullify the Judicial orders with respect to wrongdoings by
peoples representatives & executive ? does not it amount to
infringement of Judicial powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than
constitutional duties of a constitutional functionary or equal in
importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national
activities in the name of constitutional duties, behind the legal veil
of official's secret act & go unaccountable for his actions and go
unpunished by his legal immunity privileges
Q155. Are the Legislators members of parliament, High court & Supreme
court Judges and other constitutional functionaries not willing to
codify their privileges for the reason that if codified their
privileges would be curtailed and their action would be subjected to
legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats
in the legislature and Parliament out of tax payer's money, they get
their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a
vote of a citizen is above (More valid) or a seat of legislator or
parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed
by voters / tax payers. Out of tax payers money, they get their pay,
perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a
citizen, fundamental duties of a tax payer is above (more valid) or a
seat of judge / constitutional functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to
fill up that vacuum till such time that the legislature or parliament
acts provide a solution by performing its role by enacting proper
legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a
Judge in his own cause, is it not worse for the members of the
legislature and parliament to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or
Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto
action with respect to numerous cases of injustices reported in
Media ?
Q162. Why not the Judges admit various cases of Injustices affecting
public, as the Public Interest Litigation" ? In some cases, the Public
or the person representing them is unable to afford the high cost of
the case. Why not free legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal
aid ?
Q164. Communication - free flow of information is the lifeline of a
democracy. Why the constitutional functionaries are not honouring the
Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of
Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all
internal departmental enquiries against approximately 200 judges , is
it just & legal ? give me the names of accused judges & description of
charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty
judges ?
Q168. Why you did not give information to me as per RTI Act inspite of
appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of
Karnataka high court honble Mr.Dinakar (now elevated to supreme court
of India) just on assuming offices within hours scrapped disciplinary
inquiry proceedings against 200+ erring judges. In such a short time
no human being can study all the cases in detail , then how come he
arrived at this vital decision in such short time? Who are those 200+
judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a
district judge without conducting hearings properly , entering
fictious dates of hearings (which happens to be government holidays )
facilitated in exonerating a top politician . has the court enquired
into the previous judgements of the accussed judge ? did it find any
wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under
the influence of alchohol , as it limits the functioning of his senses
& brain. That is why the acts & sayings of drunkards , committed /
said when they are drunk are not taken seriously. However most of the
police officers after evening hours are drunk , in that state only
they apprehend many suspects & produce those suspects at the
residences of magistrates before magistrate during wee hours / night.
Some of of the judges are also drunk during that time. Does the senses
of drunken police & judges work properly to do their respective duties
in identifying criminals , apprehending them & to issue judicial
orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action has been taken in bhopal gas leak case against
the guilty police officials who changed the charge sheet against union
carbide officials ?
Q 173 . What action has been taken against guilty police officials ,
district magistrate , state ministers & central ministers who fully
aided the criminals – Union Carbide official Mr. Anderson to escape
law , to jump bail & flee the country without court’s permission ?
Q 174 . What action has been taken against the above said guilty with
respect to their contempt of court & for aiding a criminal to
escape ?
Q 175. What action has been taken against the chief justice of India ,
who changed the legal clause under which the guilty should be tried ?
what action has been taken against the CJI who became an official of
the trust belonging to the criminal ?
Q 176 . What action has been taken against the Indian Public servant
who decided to withdraw cases from US Courts with respect to Bhopal
gas tragedy ?
Q 177 . What action has been taken against the state labour department
& pollution control board officials who have failed in their duties ,
inspite of earlier warnings by journalists ?
Q 178 . What action has been taken against state cabinet ministers who
decided the quantum of compensation money to favour the criminal
although they don’t have right to do so ?
Q 179 . What action has been taken against Presiding Judge of the
trial court , Chief Justice of India , state police officials , public
prosecutors & Central Bureau of Investigation officials who kept quite
all along and didn’t press for the extradition of the criminal
Mr.Anderson , for producing the criminal accussed no.1 before the
trial court ?
Q 180 . Is it not SHAMEFUL for the judiciary , police , government
officials & people’s representatives who became part of Operation
Crime Hush Up & aided criminals responsible for ghastly murders of
thousands & maiming of lakhs of hapless public in Bhopal Gas Leak
Tragedy?
Q 181 . Are these Corrupt Police , corrupt judges , corrupt
ministers , corrupt labour / pollution control board officials HUMAN
BEINGS ?
Q 182 Why police are not registering my complaint against CJI
& other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have
legal jurisdiction to register the case against these VVIPs ? or
just because the criminals happens to be VVIPs ,they are not
booked by police? If the said police don’t have legal jurisdiction
to book these VVIPs , they should have transferred the complaint
to those authorities who have jurisdiction & authority to book &
prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to
cover up of crimes & criminals ? are not these cover ups itself is a
crime ?
Q 185. Even an appeal for justice by post card must be treated as
PIL by courts of justice . however my appeals for justice concerning
public welfare , national security sent through post , e-mail to
supreme court of india are not admitted as Public interest
litigation , why ? does not these acts of Supreme court amount to
aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with
the jurisdictional police & Revenue district magistrate responsible
to protect the fundamental & human rights of people ? why the
CJI , Mysore DC & Jurisdictional Police have failed to protect the
fundamental & human rights of people including mine ? For all the
previous injustices I have suffered at the hands of the criminal
nexus Honourable CJI , Mysore revenue district magistrate &
jurisdictional police are together responsible , if anything
untoward happens to me or to my family members or to my dependents the
trio – Honourable Chief Justice of India , Honourable District
Magistrate , Mysore , Honourable Police Commissioner of Mysore city &
Circle Inspector of police , vijayanagar police station , mysore
will be responsible .
These corrupt parasites will feel , understand the pain only when
they also suffer in the same manner. Let us pray to almighty – In
whose Court of justice MATCH FIXING is not there & every body is
equal , let us pray to that god to give these corrupt parasites
ghastly deaths nothing less nothing more.
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.
BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court of India &
Supreme Court of USA
Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXED
years before , MATCH FIXED by then MP Government Chief Minister ,
Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of
Injustice can only happen in banana republics , where rich crooks are
protected by authorities & courts. SHAME SHAME to supreme court of
India , supreme court of USA & Government of USA , for practicing
double standards in enforcement of law & justice.
Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind
PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india
In India, Favorable treatment is given by police & courts of law for
rich crooks where as poor innocents are harassed , tortured by the
very same police & judges . In india Some MP , MLAs even take money
for asking questions in parliament / legislature , Favourable laws are
enacted to legalize crimes of rich crooks for example : Illegal land
encroachments by rich crooks. The same MPs , MLAs are not aware about
problems of poor public , they don’t even open their mouth for asking
questions on welfare of poor , let alone enact laws for welfare of
poor. No government law , no decisions of judges , no orders of public
servants are sacrosanct . Hereby , e-voice urges the supreme court of
india ,
1. To legally prosecute the jurisdictional police who changed
the charge sheet , who let out Main criminalAnderson illegally
without orders from the court.
2. To legally prosecute the SSP , DC of the district , Then
Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who
fully aided the main accussed , criminal Anderson to escape , to jump
law.
3. To legally prosecute Indian Public Servants , who were
responsible for withdrawing the case from US Courts of Justice.
4. To legally prosecute Then Chief Justice of India Justice
Ahmadi & His bench colleagues , who diluted the case by changing the
clause under which Anderson & others were charged.
The Public servants – Mps , MLAs , Judges , IAS / IPS officers ,
Police take thousands of rupees monthly salary , cars , bungalows , 5-
star hotel stay together with 5-star meal complete with alchoholic
drinks , 5-star health care at premium hospitals , business class air
travel , foreign tours , etc all at tax payer’s expense. After
enjoying to the hilt at taxpayer’s expense , these same public
servants don’t serve the public , they serve the rich crooks , anti
nationals in their greed for more money.
All the while the same poor tax payer suffers without justice . In
India more than 50 Crore people are barely surviving on a single piece
meal .Let the corrupt public servants eat their 5-star meals by the
side of the graves of Bhopal Gas Victims. Atleast this will open the
eyes of honest few in public service – police , judiciary &
parliament , it is a fond hope. This is an appeal to those honest
few in judiciary , police & parliament to catch hold of their
corrupt colleagues.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India
At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to
safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at Bhopal, India in
1984,
when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took-
away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative
under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty
of
government to be transparent ?
JUDICIAL CORRUPTION IN INDIA
JUDICIAL CORRUPTION
MY LORDS, THERE’S A CASE AGAINST YOU
Former Union law ministers are spearheading a campaign against sitting
judges they accuse of being corrupt. What is the higher judiciary
doing to clear itself of these grave charges?
Avinash DuttNew Delhi
Under observation: The Supreme Court of India
Photo by K. Satheesh
Senior lawyers have complained to the CJI and the President that
Justice Bhalla illegally amassed properties
The campaign by some senior lawyers and former law ministers who have
questioned the integrity of sitting high court judges is set to
ratchet up the growing confrontation between the legislative and the
judicial arms of the government. Former Union law ministers Shanti
Bhushan and Ram Jethmalani are leading the battle against what they
claim are corrupt practices in the highest echelons of the judiciary.
Bhushan has categorically condemned the rot he feels has set in the
judicial system. “The judiciary of this country is not merely
unaccountable, but corrupt and brazenly so,” he wrote in a letter to
President APJ Abdul Kalam on December 17. Bhushan has demanded that
the President initiate impeachment proceedings against Justice Jagdish
Bhalla of the Lucknow Bench of the Allahbad High Court. On December
14, a Supreme Court (SC) collegium recommended that Justice Bhalla be
appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with noted lawyers and former justices,
including Rajendra Sachar, Indira Jaisingh and Hardev Singh, have
formed the Committee on Judicial Accountability (COJA) and presented
documents to the Chief Justice of India (CJI), YK Sabharwal, to
support their complaint against the sitting judges. COJA complained to
the CJI on July 11 that Justice Jagdish Bhalla had amassed several
illegal properties in the name of his wife and other close relatives.
Justice Vijender Jain, the former senior Judge in the Delhi High
Court, who was recently appointed the CJ of Punjab and Haryana HC, is
also in COJA’s line of fire.
By questioning the integrity of Justices Bhalla and Jain, Bhushan has
thrown open the much larger question of judicial accountability. (See
interview) “Leave aside taking any action against corrupt judges like
Justice Jagdish Bhalla and Justice Vijender Jain, the CJI has been
actually avoiding even properly investigating charges against them,”
says Bhushan. According to documents produced by COJA on 21 July 2003,
Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater Noida
expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar
(Noida’s official name) submitted a report to the area dm in which he
states that the sellers of the plot belong to the “land mafia”. In an
enquiry submitted to the dm on 26 June 2005, RK Singh, the area sdm,
also described the sellers as belonging to the “land mafia”. According
to the two reports, the plots constituted a portion of the gram samaj
(joint village property) land, illegally grabbed by the “land mafia”.
(All the documents relating to the transaction are in possession of
Tehelka)
The SDM’s report says that at the time of the transaction, the plot
was worth Rs 7.20 crore in the open market, whereas Renu Bhalla paid
Rs 5 lakh for it. The two reports also state that the sellers of the
plot have been charged in several criminal cases, and had sold plots
to several influential people to curry favour with them. Renu Bhalla
is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention to the July 2005 draw of lots for
allotment of plots in Sector 44 in Greater Noida. When the
computerised draw threw up several influential names, a few people
approached the Allahabad HC alleging foulplay. In October 2005, the HC
decided that the case warranted a fresh draw of lots and ordered a cbi
inquiry into the scam. Among those who had been allotted plots in the
scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla,
who is the son of Justice Bhalla, was allotted plot number f-52, while
Sheeba Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted
plot number f-78. In November 2005, the Supreme Court stayed the
Allahabad HC judgement, putting the cbi enquiry and the HC’s order to
hold a fresh draw of lots on hold.
Admissible in court? Documents furnished by COJA against the justices
Members of COJA have offered to discuss the matter in person with the
CJI but they say that they are still waiting to hear from him. Five
months after their initial request, they sent another application to
the CJI in November. This time they sought his permission to register
an FIR against Justice Bhalla, claiming that their initial evidence
was enough to register an offence against him under the Prevention of
Corruption Act.
“The CJI did not even call us to hear our point,” says Bhushan. “I
don’t know why Justice Sabharwal is shielding Justice Bhalla!” Bhushan
is equally critical of Justice Vijender Jain.
Justice Jain, who took oath as the new CJ of Punjab and Haryana HC in
November, had to endure many delays before he could be appointed to
the post. The CJI had to make three efforts to promote Justice Jain. A
collegium headed by the Chief Justice of India first recommended
Justice Jain’s name for the post in July. However, President APJ Abdul
Kalam returned the file, causing a minor embarrassment to the CJI and
the Union government. When the collegium reiterated its recommendation
through the government in November, the President had to sign the
file.
Third time lucky: Chief Justice Vijender Jain
When a collegium headed by the CJI recommended Justice Jain’s name,
the President returned the file
Earlier in May, a proposal by the CJI to make Justice Jain CJ of the
Maharsahtra HC was stonewalled by a judge in the three-member
collegium who questioned Justice Jain’s integrity. The member on the
panel cited a complaint made to former CJI RC Lahoti against Justice
Jain in January 2005. The CJI revived the proposal a month later, but
again a judge on the collegium opposed his appointment. Finally, a
fortnight later, in July 2006, the CJI made his third attempt to
promote Jain, this time to the Punjab and Haryana HC.
This time around, to address dissenting voices, the CJI also consulted
other SC judges who happened to be former chief justices of the Delhi
High Court. According to reliable sources, Justice Jain’s former
seniors also questioned his integrity. However, on the basis of a
majority, the proposal to promote him was forwarded to the Union
government for the President’s assent.
A major hurdle in promoting Justice Jain continued on page 8 continued
from page 6 was a complaint by one Subhash Agrawal who approached then
CJI RC Lahoti in January 2005 with the complaint that Justice Jain had
violated the code of conduct for judges. Agrawal claimed that Justice
Jain gave a judgement in favour of someone with whom he had “family
relations”. He produced a copy of the invitation card of the
litigant’s granddaughter’s wedding, held in April 2001. According to
the card, the venue of the wedding was the official residence of
Justice Jain. (Tehelka has obtained a copy of the wedding card from
the Central Information Commission). In November 2004, Justice Jain,
hearing an appeal, decided a civil suit in favour of the person who
had held his granddaughter’s wedding at his official residence.
When there was no response to his complaint in October 2005, Agrawal
approached the SC to find out the status of his complaint under the
rti Act. He was told that his complaint was in the relevant HC file.
Not satisfied, Agrawal approached the Central Information Commission.
On the commission’s insistence, the SC finally told Agrawal that his
complaint had not actually been forwarded to the HC, as the SC has “no
administrative jurisdiction” over high court judges. Therefore, the
complaint was pending before the CJI, YK Sabharwal. The commission
asked the CJI to act on the application. The CJI finally settled the
complaint, saying he found no merit in it. When Agrawal asked for
reasons behind the decision, he drew a blank.
It’s not just Bhushan who feels the need to bring about accountability
and transparency in the judiciary. Janata Dal (U) president Sharad
Yadav says the issue will be discussed when the Judicial
Accountability Bill is tabled in Parliament. “When the government
tables the bill, all its aspects will be discussed,” Yadav told
Tehelka.
CJI YK Sabharwal could not be reached for his comments. Despite
conciliatory notes from him there are all indications that the clamour
surrounding judicial misdemeanour and the demand for greater
accountability will only increase in the days to come.
Dec 30 , 2006
Related Stories
• My lords, there’s a case against youFormer Union law ministers are
spearheading a campaign against sitting judges they accuse of being
corrupt. What is the higher judiciary doing to clear itself of these
grave charges? Avinash Dutt reports
• Serious charges
• Dubious first
• ‘The Bill for Judicial Accountability is a sham’Former Union Law
Minister Shanti Bhushan is angry at the state of the judiciary in
India. He talks toAvinash Dutt
• Delhi HC dilutes the RTI ActThe rules framed by the court deter
those who seek information about its workings, reports Avinash Dutt
• RTI TangleBy Avinash Dutt
‘Half Of The Last 16 Chief Justices Were Corrupt’
The decision to declare assets is a big victory. Supreme Court lawyer
Prashant Bhushan tells SHOMA CHAUDHURY what else is rotting in our
judiciary
image
In public interest Prashant Bhushan has championed the fight for
judicial accountability
Photo: SHAILENDRA PANDEY
It’s great judges have agreed to declare assets. But will it really
help? Politicians do it too.
This decision is very welcome, even if it’s only happened under public
pressure. It is proof of the power of public opinion. And even though
declaring assets is a relatively minor aspect of judicial
accountability, it will help. If a judge misdeclares his assets,
there’s a chance someone might know he has particular properties he
hasn’t declared, and may point it out. One could then examine if these
can be explained within their legal income.
The debate around judicial accountability has got really hot. Are
there watershed events that triggered this?
Not in my own perception, but I think for the public there were two
watershed events – the Chief Justice Sabharwal case (where there was
an allegation that Chief Justice YS Sabharwal’s orders to demolish
commercial outlets in Delhi directly benefited his sons, who were
partners with some mall developers) and the Ghaziabad Provident Fund
scam. Both these cases got wide media attention. A 2006 Transparency
International report said the judiciary in India is the second most
corrupt institution after the police.
You’ve been at the forefront of the judicial accountability campaign.
Why?I have been witness to judicial corruption in the courts for a
very long time. I know decisions are passed for extraneous
considerations, but it’s difficult to get hard evidence of this. There
have been highprofile impeachment attempts, for instance, on Justice
Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to
become chief justices. In my view, out of the last 16 to 17 chief
justices, half have been corrupt. I can’t prove this, though we had
evidence against Punchi, Anand and Sabharwal on the basis of which we
sought their impeachment.
What is the root cause of judicial corruption then, and what are your
key demands?
Our key demand is an institutional mechanism for entertaining
complaints and taking action against the judiciary. Nothing exists
today. Everyone realises impeachment is impractical. To move an
impeachment motion you need the signatures of 100 MPS, but you can’t
get them because many MPs have pending individual or party cases in
these judges’ courts. In the impeachment proceeding against Justice
Bhalla, the BJP declined to sign because LK Advani had been acquitted
by him in the Babri Masjid demolition case. Such political
considerations prevail all the time. An in-house procedure was set up
in 1999, post a chief justices’ conference in 1997, but that too is
activated only selectively. For example, the complaint against Justice
Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh —
approximately — from land mafia in Noida. This was based on a report
from the DM and SSP of Noida. This land mafia had several cases
pending in courts subordinate to Justice Bhalla. Another complaint was
that in the Reliance Power matter, though his son was the lawyer for
Reliance Power, Justice Bhalla constituted a special bench while he
was the presiding judge in Lucknow. He sat in the house of one the
judges at 11pm at night to hear their case and pass an injunction in
their favour. We asked Chief Justice Sabharwal to initiate proceedings
against Bhalla, but he refused.
Similarly, Justice Vijender Jain decided the case of a person whose
granddaughter had been married out of his own house. He was a close
friend but he still heard and decided the case in this person’s
favour. The point is, in these cases though very specific complaints
were made to the then Chief Justice of India (CJI), he didn’t do
anything to activate the in-house procedure. All these judges have
gone on to become chief justices. Bhalla is still chief justice of
Rajasthan; Virendra Jain became chief justice of Punjab and Haryana.
What’s the answer?The first problem is that there is no independent
institution for entertaining complaints and taking action against
judges. There has to be a National Judicial Complaints Commission —
independent of the government and judiciary. It should have five
members and an investigating machinery under them. The second problem
lies in the Veeraswamy judgment, which ordered no criminal
investigation can be done against a judge without prior written
permission of the CJI. That’s what happened in Karnataka. There was a
complaint against several judges visiting a motel and misbehaving with
women. When the police officer came, the judges threatened him and
said no FIR could be filed against them because they were judges. This
happened in the Ghaziabad Provident Fund case as well. The
investigation is stumped because the CJI hasn’t given permission. We
have to get rid of this injunction.
The third problem is the Contempt of Court Act. Today, even if you
expose a judge with evidence, you run the risk of contempt. Judges are
even seeking to insulate themselves from the RTI. We have to get rid
of the Contempt of Court Act – not the whole Act. Disobeying the
orders of the court is civil contempt – that should remain.
Interfering with the administration of justice is criminal contempt –
that too should remain. What needs to be deleted is the clause about
scandalising or lowering the dignity of the court, for which Arundhati
Roy was sent to jail. Finally, there is the problem of appointments.
Earlier, judicial appointments were made by the government, which was
bad enough. Now, by a sleight of hand, the Supreme Court has taken the
power of appointments to itself. Earlier there were political
considerations; now there are nepotistic ones.
Again, what’s the answer to that?
We need an independent Judicial Appointments Commission, which is
independent and works full time, and follows some systems and
procedures. Eligibility lists should be prepared and comparative
merits debated and evaluated. You can’t just pick judges arbitrarily,
and let people know about it only after the deed is done.
There is still no independent body to process complaints and action
against judges
What are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US.
In the Senate Judicial Committee, you have hearings where any public
citizen can give evidence about the background of a judge that has
bearing on their appointment. This is being fiercely resisted here.
Do any counter arguments hold?
None that I can see. The judges say all this will compromise their
independence. Unfortunately, they are equating the independence of the
judiciary with independence from accountability. Independence of the
judiciary was meant to be independence from the political
establishment, not from all accountability.
Are there other ways in which judicial corruption manifests itself?
There are so many. There is Justice Kapadia who decided on the
Niyamgiri mining lease case in Orissa. He said Vedanta can’t be given
the lease because it’s been blacklisted by the Norwegian government;
but its subsidiary company Sterlite can get the lease because it is a
publicly listed company. Justice Kapadia said it’s publicly listed
because he had shares in it and yet he passed an order in favour of
Sterlite! There is a law against judges hearing cases where there is a
conflict of interest, but they just bypass it and you can’t complain
because that would be contempt.
WRITER’S EMAIL
sh...@tehelka.com
From Tehelka Magazine, Vol 6, Issue 35, Dated September 05, 2009
Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of
urgency in investigating charges of judicial corruption
THE STORY OF A QUIET BURIAL?
Special CBI judge Rama Jain uncovers Rs 7 crore Provident Fund scam
during vigilance inquiry
Accused Ashutosh Asthana revealed that he was paying off 36 judges
including a sitting Supreme Court judge and 11 High Court judges
Supreme Court directs CBI to investigate, permits interrogation of all
involved judges
Several status reports given by the CBI to the apex court
Reports kept secret. Action taken on basis of reports unknown
WHEN SPECIAL CBI judge Rama Jain received an anonymous letter in
January 2008, telling her that the provident funds of Class 3 and
Class 4 employees of the Ghaziabad court were being siphoned off, she
had no idea that she had stumbled onto the biggest judicial scam in
the history of independent India.
As she was the designated vigilance officer at the Ghaziabad court,
she first conducted an inquiry on her own, which uncovered the
involvement of at least three judges and the Central Nazir in the
embezzlement of funds. She reported the matter to the Allahabad High
Court, which, in turn, ordered a vigilance inquiry. Holding that the
report, prima facie, had merit, the court directed her to file an FIR.
Central Nazir Ashutosh Asthana was arrested on the basis of the FIR on
April 10, 2008. His interrogation revealed that Asthana was not a solo
player. He claimed that he was first introduced to the scam by a
district judge himself. What followed was so shocking that even the
Ghaziabad police was on the backfoot. Asthana confessed that from the
Rs 7 crore embezzled, he had given cash and gifts such as
airconditioners, refrigerators, expensive clothes, jewellery and
furniture to as many as 36 judges, including about 10 High Court
judges and one Supreme Court judge. In a sworn statement before a
magistrate, Asthana revealed that this fraud had run from 2001 to 2007
with the active connivance of district judges. Every month, Asthana
even paid bribes to various judges, from Rs 25,000 to a whopping Rs
1.5 lakh.
When these excerpts from Asthana’s confession became public, the
public image of the judiciary touched a new low. In perhaps the
biggest moment of crisis for the Indian judiciary, Asthana, the main
accused, has in turn named judges from the Ghaziabad District Court to
the Allahabad High Court, right up to the Supreme Court. This was not
all.
These revelations stunned the Ghaziabad police. Clearly out of their
depth and (justifiably) wary of taking on the powerful judiciary, they
requested the Ghaziabad court to hand over the probe to the CBI. In
September 2008, the Supreme Court transferred the case to the CBI, but
with a rider: Investigate, but give us a sealed report. The PF scam,
as it had come to be known, gave the judiciary a wonderful opportunity
to redeem itself in the eyes of the people but the case remained
shrouded in secrecy. Cynics then said that the whole matter would be
given a quiet burial. Eighteen months after the scam became public and
four CBI status reports later, the cynics appear to have had the last
laugh.
image
This delay and secrecy in such a highprofile scam raises various
uncomfortable questions for the Indian Judiciary. Legal luminaries
believe that this is symptomatic of a larger malaise which ails the
judiciary. Says jurist Ram Jethmalani, “The reputation of a judge is
more important than the actual fact of his honesty. In fact, if a
judge has a bad reputation, even if it is undeserved, he should not be
appointed because then nobody will have confidence in his judgements,”
adding, “When the judiciary expedites cases concerning the executive
branch or even most prominent cases, why is such urgency not displayed
here, when the matter is extremely serious. Why this delay?”
For six years, funds worth Rs 7 crore were embezzled and judges were
allegedly bribed
A VALID QUESTION. Asthana named 36 judges (a list of which is with
TEHELKA). Other than the fact that a few have retired, virtually
nothing is known about the fate of the judges of the Allahabad High
Court and the Supreme Court judge. Whether or not the apex court is
planning to initiate or has initiated, criminal charges against any of
the judges — sitting or retired — are questions that only the Supreme
Court can answer.
And the apex court should answer, argues former Union law minister and
senior advocate Shanti Bhushan. “I don’t appreciate this sealed-cover
business except in very rare cases when making something public might
be detrimental to the public interest — mainly if there is an army
secret. Whether it is the judiciary or the executive, all officers are
appointed on the behalf of the people. It is on the people’s behalf
that the judiciary exercises its powers. How can you keep
investigations in the PF scam secret? The people have every right to
know what is going on.”
VN Khare, former Chief Justice of India, concurs. “These kind of
things should not be allowed to linger. This shakes the confidence of
the people in the judiciary. If there is an allegation or misconduct,
it must be inquired into immediately and strict action should be taken
against the erring judges. Why should the reputation of most judges
suffer for no fault of theirs?”
image
When the judiciary expedites cases concerning the executive branch or
even most prominent cases, why is such urgency not being displayed in
this matter?
RAM JETHMALANI, Jurist
The biggest question which arises from this scam is the lack of will
on the part of the judiciary to rein in errant judges. Let alone the
judges named by Asthana, what about the fate of the three Ghaziabad
District Judges named by vigilance officer of the district court
Special CBI Judge Rama Jain herself? Legal luminaries say this
hesitancy on the part of judges to act against fellow judges involved
in wrongdoing clearly illustrates the prevailing mindset of the
judiciary.
“I know of a retired Chief Justice of India who is one of the most
honest judges I have ever seen. It’s difficult to imagine a more
honest person. However, when a responsible minister made complaints to
him against a corrupt High Court Judge, he did not grant permission
for an investigation because he felt that as the head of the judicial
family, it was his job to protect judges, be they corrupt or not,”
says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is
the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF scam which taints the image of the
judiciary, but also the extreme reluctance on the part of the
judiciary to be open and transparent. Reams and reams of paper have
gone towards pious exhortations by the judiciary asking the government
to refrain from corruption and work in an efficient manner. But sadly,
no judge has held forth at length on the need for the judiciary to
refrain from corruption. Even attempts to exercise the Right to
Information with respect to the office of the CJI came a cropper as
the CJI’s office was always declared out of bounds. It took a historic
verdict by the Delhi High Court to declare that the office of the CJI
was not immune from accountability and outside the purview of the RTI
Act. Senior lawyers and retired chief justices feel that if the
judiciary is not transparent or accountable, it only means that they
are trying to hide something. Justice Khare feels, “Judges are more
accountable than other persons because they hold a very high post. The
very existence of the judiciary is based on the faith of the common
man in it. If that faith is not there, how can the judiciary
function?”
No judge holds forth at length on the need for the judiciary to
refrain from corruption
What incenses them is the behaviour of the government with regard to
the Judges’ Assets Declaration Bill which the government tried to
introduce in 2009. The opposition erupted in protest and forced the
government to defer the bill. Jethmalani terms the government’s
approach to this bill as a “conspiracy of corruption”. “The government
is scared to take on the judiciary. It’s clear that the executive
wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why
should there be any hesitancy to declare assets at all on the part of
judiciary? The whole episode is beyond me.” In a recent development,
the Supreme Court has reiterated before the Delhi High Court that the
CJI’s office is outside the purview of the RTI Act.
image
Corruption charges are swept under the carpet by the judiciary. But
this has given a shield of total immunity to the judges, who think
they can get away with anything
SHANTI BHUSHAN, Former law minister
Another assault on the public image of the judiciary is the Dinakaran
episode. Currently, judges are appointed to the Supreme Court by the
Supreme Court Collegium, a group of judges chaired by the Chief
Justice of India. When Chief Justice Dinakaran of the Karnataka High
Court was elevated to the Supreme Court, the state Bar and legal
luminaries rose up in protest because the Collegium appeared to have
dismissed, or, at least, not have considered the serious allegations
of corruption against him. According to Senior Advocate Soli Sorabjee,
“The Dinakaran episode shows that the Collegium is not working
satisfactorily. You must have a national commission for judges which
should be made up of judges, eminent jurists and senior government
officials. This council should have the power to get independent
information and evaluate it.” Shanti Bhushan feels that as judges are
extremely busy with hearing cases, there should be a full-time
commission whose sole function is to pick judges for the High Court
and the Supreme Court and feels that the commission should also have
its own bureau of investigation. They should not be dependent on
either the local police, who might be afraid to investigate judges, or
on an overburdened CBI.
But all this is very hard to achieve. Jurists feel that the judges of
the higher courts have converted themselves into a union of sorts and
are trying to protect each other. “Their approach is to sweep every
allegation under the carpet. Don’t allow the public to know about it.
Let the public believe that our judiciary is very honest. But this has
been counterproductive. It has given a shield of total immunity to the
judges and they think they can get away with anything. This has led to
an increase in corruption in the judiciary,” states Shanti Bhushan.
Time and again, opportunities have arisen for the judiciary to
reinvent itself in a new avatar. And time after time, it has failed.
Caesar’s wife, they say, should be above suspicion. Whatever the cost
it might take to ensure it.
WRITERS’ EMAIL
bri...@tehelka.com
san...@tehelka.com
From Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009
‘Half of last 16 chief justices have been corrupt’
By churumuri
Judicial corruption is a bull few in India are willing to attach their
names to. There are whispers of this or that sitting judge making
piles or cash; of sons, daughters and other near and dear ones acting
as “brokers” for cases, deals, etc, but none of those allegations see
the light of day.
Not because the media is a willing accomplice but because of the sword
of “contempt of court” hanging over us.
For long, truth was not, repeat not, a defence in the case of
contempt. Although that is now no longer the case, judicial
corruption still isn’t headline news like corruption in other spheres
of Indian life. The case of Justice P.D. Dinakaran is one of the rare
exceptions and that too only in sections of the media.
In September 2009, the Supreme Court lawyer Prashant Bhushan, in an
interview to Shoma Chaudhury of Tehelkamagazine, said “half of the
last 16 chief justices were corrupt”. The comment invited the apex
court’s contempt. Now, Bhushan’s father, the noted jurist Shanti
Bhushan has joined issue.
In his application before the Supreme Court praying for his
impleadment as respondent No.3 in the case of the Amicus Curiae vs
Prashant Bhushan, Bhushan senior repeats his son’s charge that eight
out of the last 16 CJs were corrupt, even going so far as to deliver
the names of the corrupt in a sealed cover.
“In the applicant’s opinion, eight [of the last 16 chief justices]
were definitely corrupt, six were definitely honest and about the
remaining two, a definite opinion cannot be expressed whether they
were honest or corrupt.”
Below is the full text of Shanti Bhushan’s application, published in
the public interest.
***
To
The Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
Most respectfully showeth:
1. That the applicant is filing the present application for his
impleadment as Respondent No. 3 in the aforementioned contempt
petition as the applicant is making a categorical statement in the
present application that eight of the last sixteen Chief Justices of
India were definitely corrupt and also providing the names of those
eight definitely corrupt Chief Justices in a sealed cover as an
annexure along with the present application.
2. The applicant is a practicing advocate who was enrolled on 8
July 1948. He has appeared in each and every High Court in the
country. He is well acquainted with the manner in which the Indian
judiciary has been functioning and how its character has been changing
over the years.
3. That the applicant has been a part of the campaign for
judicial accountability since its inception in the year 1990.
4. That there was a time when it was almost impossible even to
think that a judge of a High court or the Supreme Court could be
corrupt. Things have changed drastically during the last 2 or 3
decades during which corruption has been growing in the Indian
judiciary. So much so that even a sitting Chief Justice of India had
to openly admit that 20% of the judges could be corrupt. Very recently
in March 2010 a sitting Chief Justice of a high court openly made a
statement. The statement of the sitting chief justice was published by
the Times of India in its issue of 6th march 2010 with the headlines,
“In our judiciary, anybody can be bought, says Gujarat chief justice”.
A copy of the news paper report is being annexed hereto as Annexure A.
5. That the applicant believes that the reported statement may
not be correctly reflecting the perception of the Gujarat Chief
Justice, since he should be knowing as the applicant does that there
are and have always been plenty of totally honest judges, but they are
also becoming the victim of this public perception since no
institution of governance in the country is taking any effective steps
about dealing with corruption in the judiciary.
6. That India became a republic in 1950, when the people became
sovereign. They got the right to constitute their institutions, the
executive, the legislature and the judiciary, to serve them, who would
be accountable to them.
7. That before 1950, corruption was almost non existent in the
High Courts. The federal court had in 1949 got Justice Shiv Prasad
Sinha removed from the Allahabad High Court, merely on the finding
that he had passed 2 judicial orders on extra judicial considerations.
8. That it however appears that thereafter the judiciary has
adopted the policy of sweeping all allegations of judicial corruption
under the carpet in the belief that such allegations might tarnish the
image of the judiciary. It does not realize that this policy has
played a big role in increasing judicial corruption.
9. That the Constitution prescribed removal by impeachment as
the only way of removing judges who commit misconduct since it was
believed at the time of the framing of the Constitution that
misconduct by judges of the higher judiciary would be very rare.
However those expectations have been belied as is apparent from the
surfacing of a series of judicial scandals in the recent past. The
case of Justice V. Ramaswami and subsequent attempts to impeach other
judges have shown that this is an impractical and difficult process to
deal with corrupt judges. The practical effect of this has been to
instill a feeling of impunity among judges who feel that they cannot
be touched even if they misconduct.
10. That corruption by judges is a cognizable offence. The Code
of Criminal Procedure requires that whenever an FIR is filed with
respect to a cognizable offence, it is the statutory duty of the
police to investigate the offence. The police has to collect evidence
against the accused and charge-sheet him in a competent court. He
would then be tried and punished by being sent to jail. The Supreme
Court has however by violating this statutory provision in the CrPC
given a direction in its Constitution bench judgement in theVeeraswamy
case of 1991 that no FIR would be registered against any judge without
the permission of the Chief Justice of India. In not a single case has
any such permission ever been granted for the registration of an FIR
against any judge after that judgement.
11. That the result of this direction has been that a total
immunity has been given to corrupt judges against their prosecution.
No wonder that judicial corruption has increased by leaps and bounds.
12. That an honest judiciary enjoying public confidence is an
imperative for the functioning of a democracy, and it is the duty of
every right thinking person to strive to achieve this end.
13. That unless the level of corruption in the judiciary is
exposed and brought in the public domain, the institutions of
governance cannot be activated to take effective measures to eliminate
this evil.
14. That it is the common perception that whenever such efforts
are made by anyone, the judiciary tries to target him by the use of
the power of contempt. It is the reputation of the judge which is his
shield against any malicious and false allegations against him. He
doesn’t need the power of contempt to protect his reputation and
credibility.
15. That the applicant strongly believes that a responsible
citizen should be prepared to undergo any amount of suffering in the
pursuit of the noble cause of fighting for a clean judiciary.
16. That there are two statements of Respondent no. 1 (Prashant
Bhushan) published in Tehelka by Respondent no. 2 which are alleged to
constitute contempt of court. In the 1st statement, Respondent no. 1
has expressed that in his view, out of the last 16 or 17 chief
justices of India, half have been corrupt.
17. The applicant states that in his view too this statement is
absolutely correct. At the time of the publication of this report in
Tehelka, the last 16 Chief Justices of India were the
following: 1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s
opinion, eight were definitely corrupt, six were definitely honest and
about the remaining two, a definite opinion cannot be expressed
whether they were honest or corrupt. The signed lists identifying
these eight, six and two Chief Justices of India are being enclosed in
a sealed cover which is being annexed here to as Annexure B.
18. That in fact two former chief justices of India had
personally told the applicant while they were in office that their
immediate predecessor and immediate successor were corrupt judges. The
names of these four Chief Justices of India are included in the list
of the 8 corrupt Chief Justices of India.
19. That since the applicant is publicly stating that out of the
last sixteen Chief Justices of India, eight of them were definitely
corrupt, the applicant also needs to be added as a respondent to this
contempt petition so that he is also suitably punished for this
contempt. The applicant would consider it a great honour to spend time
in jail for making an effort to get for the people of India an honest
and clean judiciary.
20. That the applicant also submits that since the questions
arising in this case affects the judiciary as a whole, the petition
needs to be decided by the entire court and not merely by three judges
handpicked by a Chief Justice.
PRAYERS
In view of the above, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
1. allow the present application and implead the Applicant as a
contemnor in the aforementioned contempt petition as Respondent no. 3;
and
2. pass any other or further order/s as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the case.
(Shanti Bhushan)
applicant-in-person
New Delhi
***
Photograph: courtesy Shailendra Pandey/ Tehelka
***
Full coverage: The strange case of Justice P.D. Dinakaran
CHURUMURI POLL: Is Dalit Dinakaran above the law?
If he is unfit for Supreme Court, how is he fit for Karnataka HC?
If he is unfit for Supreme Court, how is he fit for Karnataka HC—II?
‘Integrity + competence + judicial temperament’
Yella not OK, but Supreme Court silent yaake?
The brazen conduct of Justice Dinakaran
The strange case of Justice Dinakaran (continued)
Audi alteram partem? Hear the other side out?
CHURUMURI POLL: Will Justice Dinakaran be impeached?
Is CJI K.G. Balakrishnan right about P.D. Dinakaran?
CHURUMURI POLL: Is Dinakaran fit for Sikkim HC?
CHURUMURI POLL: P.D. Dinakaran vs D.V. Shylendra Kumar
Is Sikkim HC’s dignity less than that of Karnataka’s?
Editorial : COURT JUDGEMENT FIXING IN COURTS OF LAW / POLICE
STATIONS / GOVERNMENT
OFFICES - SATYAMEVA
JAYATE ?
Triumph of Injustice in India
In India legislations , Parliamentary Acts , policy decisions are
fixed (example : telecom policy fixing by neera radia & others) , the
court judgement are fixed , arrest warrant by courts are fixed
(example : CJI. Ahmadi changing the charge against Bhopal gas co & a
judge issuing arrest warrants against then president of India kalam &
then CJI) , Police fixing cases , torturing innocents , closing cases
by B reports , changing track of investigations , governments
servants giving false reports & records , etc. In this back drop ,
commonman won’t get justice in India . Instead if he raises his voice
for justice , he is persecuted by the nexus of CRIMINALS – POLICE –
JUDGES – PUBLIC SERVANTS.
Even the supreme court of India , is not accepting our offer of
service to legally book the criminals nor is it registering our PIL
nor the Karnataka police are registering our complaint against public
servants.
Our Supreme Court Judges , police & Public Servants , preach virtues
in courts of law & other forums , but they don’t practice it
themselves.
SATYAMEVA JAYATE ?
Read & Answer :
http://sites.google.com/site/sosevoiceforjustice/chief-justice-of-india-answer
,
http://sites.google.com/site/sosevoiceforjustice/cover-up-rajiv-gandhi-assassination
,
http://sites.google.com/site/eclarionofdalit/wake-up-indian-judiciary
JAI HIND. VANDE MATARAM.
Your’s sincerely ,
Nagaraj.M.R.
CROSS-EXAMINATION of Chief Justice of India - Half of Former
Chief Justices of India are Corrupt
Visit :
http://sites.google.com/site/sosevoiceforjustice/answer-my-lord
Judicial Layout Site Allotment – BRIBE TO JUDGES ?
Is the allotment of residential plots to Judges @ yelahanka Judicial
Layout , a mode of paying bribe to judges by the biggest litigant
government itself & the corrupt public servants in the government. So
that the government can pass illegal laws like “Regularization of
Illegal Buildings” , “ Illegal Appointments to Medical colleges in
Hassan , Mysore” ,etc & ministers , IAS officers can indulge in
illegal unconstitutional acts , but the courts will not take any
appropriate action suo motto or based on any petition. IT IS MUTUAL
HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse ,
there are honest few exceptions in judiciary & government. We Respect
those honest few.
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 at following web page :
http://sites.google.com/site/eclarionofdalit/deals-in-courts
IB confirms Mysore sex scandal
The Intelligence Bureau has provided the Centre with a detailed
account of the escapade involving three Karnataka High Court judges on
November 3 in a resort on the outskirts of Mysore, highly placed
sources told The Times of India on Friday.
According to a senior official, "Most of the information sought has
not only confirmed the veracity of the incident but the government has
crosschecked it with another police agency. Both the reports match."
The incident was widely reported in the media. What has surprised the
Centre is the "dogged refusal" of the Karnataka police to confirm the
incident. "Mysore Police Commissioner C. Chandrasekhar first denied
that the incident ever took place. Only when a public notice was
issued through the high court registrar seeking information on the
Mysore scandal, did the facts come out in the open. Public protest
helped a lot," says the source.
What transpired at the resort, says the source, "cannot be expected
from anyone in civil society, leave alone persons sworn to upholding
the law". According to him, "The IB report consists of unmentionable
facts and also makes it amply clear that the Mysore incident is not
the first time such things have happened. Can anyone expect upholders
of the law to pick a fight with people who complained to the police
when caught in a compromising position?"
In a related development, Karnataka High Court Chief Justice N.K. Jain
has written to Chief Justice of India Justice G.B. Pattanaik asking
that three judges be transferred. Jain has proposed that Justice N.S.
Veerabhadraiah be transferred to the Patna High Court, Justice
Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to
the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed
sources say the proposal for transfers is linked to the Mysore
incident.
However, the source says that now the government is worried about the
appropriate "remedial measures". In such cases, transferring a judge
to a remote high court doesn't always work. He says, "Bar associations
and the people of northeastern states were up in arms when some judges
of the Punjab and Haryana high courts were transferred there. We
expect similar protests if the CJI accepts Justice Jain's proposal to
transfer the three judges of the Karnataka High Court."
The Bar Council of India on Friday, while expressing its anguish at
the Karnataka incident, called for "follow-up action".
"Unless prompt and appropriate action is taken, it will erode the
faith of public in the only institution considered to be the bastion
of our fighting faith in democracy," it said in a statement. The BCI
has "lamented" inaction in this case by "the higher judiciary and the
government".
Read more: IB confirms Mysore sex scandal - The Times of India
http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
CJ suspends copycat judges, wants report
Watch :
http://www.youtube.com/watch?v=sWb_GUB_TZE
Hyderabad/Warangal, Aug. 25: The Andhra Pradesh High Court Chief
Justice, Mr Nisar Ahmad Kakru, on Wednesday suspended five subordinate
judges for allegedly indulging in copying during the LLM exams held at
Kakatiya University in Warangal district on Tuesday.
Mr Ajitsimha Rao, senior civil judge, Mr Vijayender Reddy, second
additional district judge of Ranga Reddy district, Mr M. Kistappa,
senior civil judge of Anantapur, Mr Srinivasa Chary, senior civil
judge of Baptla and Mr Hanumantha Rao, additional junior civil judge
of Warangal were caught red-handed while copying in the first year
exams.
The Chief Justice reviewed the situation after obtaining the
preliminary report from the university authorities and issued orders
suspending them from the service. He also asked the university to send
a detailed report on the exam malpractice by the judges.
Meanwhile, the Warangal District Bar Association (WDBA) has demanded
registration of cases under the AP Public Examination (Prevention of
Malpractices & Unfair Means) Act, 1997, against the errant judges. “It
was unbecoming of the judges to indulge in mass copying,” said Mr Ch
Sambasiva Raju, vice-president, WDBA. The WDBA office bearers also
demanded suspension of Mr Razak Uzama, II Sub-Judge, Warangal and his
wife Ms Prema Rajeshwara, secretary, district legal services
authority, Warangal, both of who appeared in the LLM exam. Reportedly,
it was Mr Razak who encouraged the mass copying. However, he and his
wife were spared. Meanwhile, Dr Talapalli Manohar, additional
controller of examination, SDLCE, clarified that the flying squad had
actually debarred only three judges — Mr M. Kistappa, Mr Vijayender
Reddy and Mr Ajitsimha Rao. Sources said the other two judges, Mr
Hanumantha Rao and Mr Srinivasa Chary were caught based on visual
evidence.
Magistrate issues arrest warrant against Indian president after cash
bribe.
An Indian magistrate who allegedly accepted a bribe to issue arrest
warrants against India's president and senior legal figures has been
trapped in a sting operation by a journalist, a report said.
The journalist videotaped magistrate Meghani Nagar, who practices in
Ahmedabad, commercial capital of Gujarat state, accepting a bribe of
40,000 rupees (851 dollars) to issue the arrest warrants, the Times of
India newspaper said Thursday.
Among those cited in the warrants for criminal breach of trust and for
cheating and dishonesty are Indian President Abdul Kalam and Chief
Justice V.N. Khare, a senior judge and a well-known …
Indian president arrest warrant probe
India's Supreme Court has ordered an investigation into how an arrest
warrant was issued against the country's president and its top judges.
A shocked Chief Justice VN Khare asked India's top police body, the
Central Bureau of Investigation, to report its findings in a week.
President Abdul Kalam, two Supreme Court judges - including Chief
Justice Khare himself - and the president of India's bar association
were issued with the warrants after a case of fraud was filed against
them.
An Indian television journalist has told the court he secretly filmed
a magistrate accepting 40,000 rupees ($883) to issue the warrants.
The magistrate apparently had not realised who they were, newspaper
reports said on Thursday. He has now been suspended from his duties.
Court request
Journalist Vijay Shekhar has handed over to the court videotapes of
the incident, which took place in the state of Gujarat.
The court has issued notices to the magistrate and the lawyers who
filed the case, asking them for their version of the events, the Press
Trust of India reports.
"What is happening in Gujarat? By giving 40,000 rupees you can get a
judicial order," Chief Justice Khare is reported as saying.
"If this is the state of affairs only God knows what will happen to
the country," he added.
Mr Shekhar said he carried out the sting operation to expose
corruption in India's judiciary.
In 2001 India was hit by an arms scandal after a website secretly
filmed senior military and defence officials apparently accepting cash
from journalists posing as arms dealers.
Lokayukta: DC demanded sex from widow
In the midst of a national outrage over former Haryana DGP SPS Rathore
molesting a teenager, the Karnataka Lokayukta on Saturday made a
startling revelation that the state government was shielding a top
bureaucrat who had demanded sexual favours from a young widow.
Lokayukta Justice Santosh Hegde during an interaction at the Deccan
Herald office on Saturday. DH photoLokayukta Justice Santosh Hegde
disclosed that the official concerned, who was the deputy commissioner
of one of the districts when he demanded sex from the widow in return
for discharging his duties as public servant, has since been promoted
to a senior position.
Justice Hegde, in the course of an interaction with journalists at the
Deccan Herald office Saturday afternoon, said the unnamed widow had
dared the deputy commissioner and approached the Lokayukta’s office
with a complaint against the officer.
On examination of the complaint, the Lokayukta had found sufficient
grounds to recommend to the state government the suspension and
prosecution of the DC concerned. The recommendation was subsequently
considered by the concerned department head as well as the chief
secretary and both endorsed it.
But, according to Justice Hegde, no action was initiated against the
DC as the same official who had endorsed the recommendation
subsequently found no basis for initiating departmental action against
him. Instead, the official cleared the DC’s name for promotion in the
super-scale. Presently, the official holds a senior position in the
government.
The widow, in her late 20s, had approached the DC with a
representation to sort out some problems. But she was shocked when the
DC demanded sex.
Justice Hegde did not identify the official in question or the
complainant. Nor did he offer to name the district where the official
was serving as deputy commissioner. But the incident has happened
sometime in the course of last three years as Justice Hegde took over
as the Lokayukta in mid-2006.
3-year jail term for ‘dirty’ judge
Family court judge Ramrao Gangaram Bhise attempted to get sexual
favours from a housewife in 1997
Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual
favours, in addition to a bribe, from a housewife, Alka Gaikwad — who
had sought an increase in her monthly maintenance allowance from her
estranged husband, in 1997 — proved costly to him. Pronouncing him
guilty on both counts, the special court hearing anti-corruption
bureau (ACB) matters sentenced him to three years rigorous
imprisonment and a collective fine of Rs55, 000, on Monday.
According to the FIR in the case registered against Bhise by the ACB,
Suryakant Gaikwad had filed for divorce from his wife, Alka, before
the Bandra family court. Alka, a housewife, in turn, filed a petition
seeking mutual cohabitation with her husband. The then family court
judge, Meera Khadakkar, directed the husband to pay her an interim
maintenance allowance of Rs750 per month.
Subsequently, in January 1997, Alka filed another application before
the same family court (now presided over by Bhise) seeking to increase
the monthly maintenance amount to Rs3,500. “On October 27, 1997, Bhise
issued an interim order, increasing the maintenance allowance to
Rs2,000 to be paid by Suryakan to his estranged wife till the disposal
of the case. Immediately after issuing the order, Bhise asked Alka to
meet him and gave her his residential telephone number, asking her to
call him when the court hours ended. He told her that he would ask her
husband to pay her a lump sum of Rs2 lakh in addition to the monthly
maintenance, provided she called him up,” the FIR states.
When she called up the judge at 7 pm the same day, Bhise told her that
she would have to pay him a sum of Rs2,000 in addition to granting his
sexual favours if she wanted an order in her favour. He also directed
her to meet him at the Haji Ali bus stop with the bribe amount the
following evening.
“Alka approached the ACB, which sought permission from the Chief
Justice of the Bombay High Court before laying a trap on the first
class judicial magistrate (Bhise). The HC while granting the
permission designated a court official to bear witness to the events
leading to the trap. Alka, under video camera surveillance of ACB
sleuths, along with the court official and other women witnesses met
Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s
wrist and when she protested, repeated his demands,” the FIR states.
Alka was then taken to a nearby hotel, Sharda, where the judge
accepted the bribe amount. But before he could do anything else, ACB
sleuths swooped in and arrested him.
Rajasthan judge is indicted for seeking sexual favours
Chief Justice of India G B Pattanaik retires tonight and he doesn’t
have much to write home about on the unprecedented drive he launched
to enforce judicial accountability.
After the PPSC scam fiasco, reported in The Indian Express today,
comes the case of the Rajasthan judge who has been indicted in a sex
scandal and yet has escaped action—pending another inquiry.
On December 14, a three-judge committee set up by Pattanaik confirmed
the ‘‘involvement’’ of Justice Arun Madan of the Rajasthan High Court
in a proposition to a woman doctor to have sex with him in exchange
for a judicial favour.
The committee, headed by the Chief Justice of the Punjab and Haryana
High Court Justice B K Roy, submitted its report to Pattanaik,
indicting Madan on a complaint made from Jodhpur by the woman
concerned, Sunita Malviya.
But Pattanaik has not announced any action against Madan. When
contacted by The Indian Express, Pattanaik confirmed that the
committee had indicted Madan and his ‘‘bad reputation’’ in seeking
sexual favours in return for judicial ones.
However, Pattanaik said that no action was being taken since the
committee had also mentioned allegations of corruption against Madan.
And so he had ordered a further inquiry by the same committee into the
corruption charges.
When asked what he did with the indictment of Madan in the sex
scandal, Pattanaik said, ‘‘That is on hold because I could not have
taken piecemeal action against him....I am praying to God that the
final report will give some tangible material to take action.’’
Highly placed sources told The Indian Express that when the committee
recorded statements last week in Jodhpur of about 30 persons over four
days, it also came to know of several allegations of corruption
against Madan and another judge of the same high court. The committee
put these on record as well.
Pattanaik said that when he summoned Madan to New Delhi last week, he
did not raise the sex scandal issue and instead limited himself to
saying that he was ordering a further inquiry into corruption
allegations.
In effect, Pattanaik has now passed the Rajasthan buck to his
successor Justice V N Khare.
The gist of Malviya’s complaint is that Madan made a sexual
proposition to her in October through a deputy registrar of the high
court, Govind Kalwani, who said that the judge would help her, in
turn, get out of a criminal case booked against her.
With this, Pattanaik’s much-touted in-house judicial accountability
seems to have hit a wall. The first committee’s report into the PPSC
scam exonerated one judge despite evidence and let two others off with
a mere slap on the wrist. The third committee is now busy probing the
involvement of judges in the Mysore sex scam.
Wapedia - Wiki: Scheduled Caste and Scheduled Tribe (Prevention of ...
1 Dec 2010 ... (2) It extends to the whole of India except the State
of Jammu & Kash- mir. ... This is because of the still existing biases
of thecourt judges. ... had his chambers "purified" with water from
the 'ganga jal' because a ...
wapedia.mobi/.../
Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
- Cached - Similar
http://www.scribd.com/doc/33423338/Hidden-Apartheid-Caste-Discrimination-against-India%E2%80%99s-%E2%80%9CUntouchables
Corruption in Judiciary
The sheer number of cases pending in the Indian judicial system (26
million at last count) says it all.
One of the most frequently used words in India, corruption signifies a
range of things. In 2005, Transparency International and Delhi based
Centre for Media Studies, a research firm, undertook the India
Corruption Study. The survey covered 14,405 respondents over 20 states
and included interviews with service providers and users (of these
services). The results, published the same year said Indians pay out
around Rs. 21,068 crore as bribes while availing one of 11 public
services. While some of the results of the survey were published, many
of the details were not. The study, however, remains the most recent
and the most comprehensive report on corruption in India. Apart from
calculating the extent of corruption, in Rs. crore, it explains the
mechanics of it.
Over the week, Mint will present details of the CMS study. On Monday
we featured India’s public distribution system. On Tuesday, we did the
education system. Today, we look at the judicial system. Reader’s are
welcome to send in their feedback to
feed...@livemint.com.
Corruption in judiciary
Corruption in education system
Corruption in Public Distribution System
Courting Corruption
The sheer number of cases pending in the Indian judicial system (26
million at last count) says it all. Given that, and the number of
judges across various states (per lakh of population), the system is
rife with delays and inefficiencies -- ideal conditions for middlemen
to step in. In the year preceding the survey, 59% of respondents paid
bribes to lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
The judicial system is highly dilatory, expensive, and beyond the
reach of the common man. Ordinary citizens find it hard to seek
redress, as litigation is expensive and extra money is often required
to oil the wheels of the system
2. Misuse of power
There are instances of Metropolitan Magistrates issuing bailable
arrest warrants against individuals of whose identitites he has no
idea, in return for an inducement.
Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable
arrest warrants against the President of India in return for an
inducement of Rs. 40,000.
In some cases, judges offer a favour in exchange for personal gain or
favours. In Rajasthan, some time back, there were reports of a judge
who offered judicial favour in exchange for sexual favours from a
litigant. Some of these instances have been reported by the media, but
no action has resulted.
Today, under existing rules, any person making any allegation of
corruption or other things against a sitting judge can be charged and
punished for contempt of court. This is a deterrent against more such
instances coming to light.
3. A difficult impeachment process
The Supreme Court of India has ruled that no first information report
(FIR) can be registered against a judge, nor, a criminal investigation
initiated without prior approval of the Chief Justice of the Supreme
Court. Once appointed, a judge of the High Court or Supreme Court
cannot be sacked except by a complicated impeachment process, done by
members of the Lok Sabha and the Rajya Sabha, the two houses of Indian
parliament. Their immunity is reinforced by the fact that the
procedure isn’t just cumbersome but also susceptible to political
influence. In the 1990s, when the Congress was in power, a motion
seeking to impeach Justice V Ramaswami could not be passed by
parliament as Congress members of parliament abstained from voting.
There have been no other attempts at impeachment in India.
4. Slow and inefficient
Many cases drag on for years. SAn oft cited excuse is the lack of
staff, but the judicial process itself is unnecessarily complicated
and inefficient, making cases drag on for a long time. Bribes are
sometimes ought to davance the judgement or bend it. At last count,
some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable judgement
Recent media reports have shown that it is possible to secure a
favourable judegement in a lower court by bribing the judiciary,
although the situation radically improves when it comes to the higher
courts.
2. Speeding up judgement
There is a huge backlog of cases in Indian courts which results in
delayed judgements. It is quite common for a case to drag on for
years. People often have to pay bribes to speed up the process.
3. Other activities
A llot of non case related work also falls under the purview of the
judiciary. This includes the issual of affidavits, registrations, etc.
People often pay bribes to get this work done by a middleman.
4. Obtaining bail
The judge has a lot of discretion in issuing bail; the guidelines
governing this are fairly basic. It is possible to secure bail by
influencing the judge in some cases.
5. Manipulating witnesses
As some recent high-profile cases have shown, witnesses are
manipulated through money or force into giving favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how court records are handled and the introduction of
modern tracking methods can eliminate much of petty corruption
existing in lower courts
* Websites and CDs can explain basic law to laymen
* Court files can be computerized
* Video recordings of cout procedings should be maintained
2. Reduce the gap
* Provide alternative methods of dispute redressal to lighten burden
on courts
* Increase number of judicial officers and number of fast track courts
* Create a vigilance cell for redressal of public grievances
3. Making the judiciary accountable
* Judges must be subject to judicial review
* Judges must follow a code of conduct
* Bar associations must act against corrupt members
* A public body must keep an eye on the judicial system
* An Indian judicial service must be created
* The proposed National Judicial Commission should have powers to fire
judges
* Judges should declare their assets and those of their family
Corruption in judiciary
Corruption in education system
Corruption in Public Distribution System
Anamolies in the arrest procedure
-- By Anil Nauriya
A recent case of a Gujarat magistrate who issued arrest warrants
against the President of India, the Chief Justice of India, a Supreme
Court judge and a former President of the Supreme Court Bar
Association, has evoked interest in the media. There has been public
concern essentially over the circumstances in which this order was
procured and about how the names of the dignitaries concerned were
disguised by not mentioning their designations and by seemingly
spelling the names in full rather than as they are usually written.
The complainant — there is a doubt whether the person in whose name
the complaint was filed is real or virtual — simply approached a
magistrate and made an apparently fictitious claim of having been
cheated or defrauded.
The criminal justice process reached the arrest warrant stage without
anyone taking the precaution of finding out whether there was an iota
of truth in the complaint. Why did this happen in this particular
case? How could such a thing happen under criminal procedure? The
Supreme Court is seized with the first question and it is not
desirable to comment on it. But the second question can and should be
discussed.
A vital point to note about the “ordinary” criminal procedure (as
distinguished from so-called special laws like the earlier Terrorism
and Disruptive Activities Prevention Act) is that it is not in fact
ordinary. As in the case of the existing Code of Criminal Procedure,
1973, applicable in India, criminal procedure in post-colonial
societies is modelled on or is an outgrowth of colonial procedure.
Many provisions have been mechanically continued.
There are several problem areas in criminal procedure relating to case
registration, police powers of arrest in respect of certain offences
considered graver than others, magisterial powers to direct
investigation and, in given situations, issue warrants of arrest, and,
finally, in the investigation itself. These aspects of criminal
procedure lend themselves to considerable abuse by the police and the
subordinate judiciary.
The Code enables a complaint to be made to a magistrate under Section
190 and certain other provisions in case the police do not register an
FIR on their own or after a complaint is made to them. On being so
approached, magistrates have a variety of options, superimposed on,
and sometimes even apart from the usual classification of offences on
the basis of seriousness. But broadly during the pre-trial stage there
are two magisterial approaches that may, with some risk of
simplification, be called the Red and Green Channels. The first is to
insist on some elaborate evidence or material being brought on record
by the complainant before setting the law in motion. The second is to
simply take the complaint on record, ask the complainant a question or
two, and initiate the process by directing the police to investigate
and, if necessary, issuing summons or warrants as the case may be.
Complaints about cognisable (that is, cases in which the police may
arrest without warrant) and non-bailable offences often tend to go
through the Green Channel.
The difference in the two approaches is ironical and paradoxical. Thus
if a parent finds that a minor daughter has been to enticed into a
child marriage, and the police have failed to take action against
those who organised it, the complaint would generally have to travel
through the Red Channel. A child marriage is not necessarily treated
as void in personal law, but those who organise it are liable to some
minor punishments. A complainant under Section 190 of the Code read
with the Child Marriage Restraint Act of 1929 would have to produce
what is known as “pre-summoning” evidence before the magistrate. Long
dates might be fixed by the magistrate. Unless other steps are taken,
the minor girl might even have produced a child and come of age by the
time summons are actually issued to the accused persons.
The Green Channel operates differently. These cases include but are
not limited to matters where the police are empowered to make arrests
on their own. In a given case, the police may register an FIR and, if
empowered, effect arrests on their own initiative.
On the other hand, they may choose not to do so because of political
or other pressure. They may also drag their feet for the reason that
they are aware of the false and vexatious nature of the complaint. The
complainant must then approach the magistrate concerned. At this stage
there are few strong safeguards to sieve out fabricated complaints. In
fact, if the complaint is fabricated it stands a better chance of
receiving Green Channel treatment if it alleges the commission of a
serious offence, usually referred to as “cognisable” and “non-
bailable.” Odd though it may sometimes seem, in such matters elaborate
preliminary evidence is not insisted upon as much as it is in the case
of lesser offences.
The magistrates are quicker in such cases to direct police
investigation and, as the Gujarat magistrate’s case shows, even go
further and issue arrest warrants; the initial burden placed upon the
complainant by the magistrate is much lighter in such cases. Even a
mere order for investigation means, under some judicial decisions,
that the police must now necessarily register an FIR. The registration
of an FIR implies, in most such cases, arrest of the persons
complained against. Since colonial days, the police have often treated
as dead letters provisions like Section 41 of the Code which require
“credible information” and “reasonable suspicion” before the police
may arrest a person without warrant. Similarly, during investigation
the police have traditionally taken little notice of the stipulation
in Section 157 of the Code that an arrest is to be made when it is
“necessary”; there is little appreciation of the fact that the test of
“necessity” is a condition precedent to arrest.
The upshot is that under the existing Code of Criminal Procedure it is
easier to obtain, with magisterial aid, arrest of persons in a false
case concerning serious-looking offences than to obtain, in a genuine
case, even a summons to the wrong-doer in what the law treats as less
serious offences. The law offers a Green Channel for the first
category and a Red Channel for the second category. There are no
“remedies” to this particular malice; much depends upon the human
material in the police and in the subordinate judiciary. But three
important safeguards may be suggested. First, if it is not a capital
case involving murder or rape or a case where there is a chance that
the person against whom the charges are made would flee the country,
there is no reason why a prior inquiry cannot be made before the
criminal process is permitted to reach the stage of arrests or
warrants for arrest. Second, if the complaint is not for a capital
offence an affidavit ought to be required at an early stage from the
complainant affirming the truth of the averments made by him. In the
case of capital offences, which may involve greater urgency, such an
affidavit may follow later.
Recently the Civil Procedure was amended to require the plaintiff’s
affidavit in civil suits. There is greater reason for such affidavits
to be required in respect of criminal complaints. The penal law does
provide for punishment for filing false complaints. But the suggested
affidavit requirement could help discourage false complaints at the
threshold. Third, further safeguards are required in cases of cross
complaints that is complaints made by more than one side against one
another about the same incident or group of incidents. Such
situations, often generated by business or political rivalries, are a
common source of mischief. Sometimes the police, having registered the
initial FIR, do not register the counter complaint, knowing or
believing it to be false. At other times the reverse happens. These
moves are accompanied with a complex interplay of the political,
business and legal process, with unpredictable and ever-changing
results. The complaint made by one side could even be suppressed. A
cross complaint may be activated. Much depends on who was contacted by
whom e.g. Politicians in New Delhi instructing Commissioners of
Police, Fascist outfits functioning under a sham civil rights
signboard in Ahmedabad. All participate in determining the outcome of
a process in which criminal procedure is reduced to naught.
It should be mandatory for a complaining party to disclose, in its own
complaint before a magistrate, any prior complaints pending against it
that may be connected with the same incident or party. A similar
responsibility of disclosure must rest upon the police so that such
cross complaints may, where appropriate and necessary, be taken up
together in the criminal process. The criminal justice process must
insist, to the extent this is attainable, upon truth at each stage
rather than truth deferred in a bid to achieve interim and collateral
objects.
Finally, closer attention is required at the drafting stage.
When the present Code was being drafted and the then Attorney-General
appeared to give his evidence before the Joint Committee on the Draft
Bill in October 1971 the following exchange occurred:
Chairman: Mr. Attorney General, you must have been very busy...
Witness: I have not gone into the matter in detail; I had no time.
Chairman: Have you gone through the Questionnaire?
Witness: I have read this Press Communiqué.
Chairman: And the Bill?
Witness: No.
(Joint Committee on the Code of Criminal Procedure Bill, 1970,
Evidence, Volume II, p. 178).
The father, the sons-in-law and the unholy properties
JEEMON JACOB & VK SHASHIKUMAR scoop documents to establish property
amassed by former Chief Justice of India KG Balakrishnan’s son-in-law,
PV Sreenijan, a practising lawyer who recently resigned from the
Kerala Congress
PHOTO: SHAILENDRA PANDEY
WHEN KG Balakrishnan was appointed Chief Justice of India in 2007, it
was a great moment for a man of humble origins. But VR Krishna Iyer,
former judge of the Supreme Court and national icon, now says, “I used
to say that an era had begun when KG Balakrishnan became the first
Dalit Chief Justice. Now, I don’t feel that way.”
Post retirement, Balakrishnan became head of the National Human Rights
Commission (NHRC) in June last year. Ever since, a rising crescendo of
allegations of corruption have been heard, fuelled by the fact that
his younger brother KG Bhaskaran and his two daughters and sons-in-law
all acquired vast properties during his tenure as Chief Justice.
TEHELKA has accessed documents that show that between 2007 and 2010,
son-in-law Puliyanaveettil Vasu Sreenijan purchased property worth Rs.
1.85 crore. The current real estate value of these properties is in
excess of Rs. 25 crore.
This is a truly amazing story of wealth creation by a man who, while
contesting elections from Kerala’s reserved Njarackkal Assembly
constituency as a Congress candidate in 2006, had declared a bank
balance of Rs. 25,000 apart from 24 g of gold.
A FAMILY PRACTICE
Sreenijan is married zto Balakrishnan’s elder daughter KB Sony, whom
he met in college. He traces his background to a humble and hard-
working family: his father was a factory worker in Premier Tyres,
Kalamassery, and a Congress party worker. His classmates remember him
as an introvert who had a muted, almost latent, ambition to become a
powerful politician. From campus politics he moved to the Youth
Congress and took active part in its programmes and activities.
Sreenijan became a practising lawyer in the Kerala High Court. When
Balakrishnan started his three-year tenure as Chief Justice, Sreenijan
started making huge investments in real estate and tourism. This
sudden acquisition of wealth is currently being probed by the
vigilance department after a probe was ordered by Chief Minister VS
Achuthanandan.
TEHELKA repeatedly tried to establish contact with Sreenijan for his
version via SMS and phone, but all calls went unanswered.
After his marriage with Sony, Sreenijan’s political career also
leapfrogged. He was appointed state vice-president of the Youth
Congress. Though Congress leaders like MA Kuttappan (also a former
minister) challenged Sreenijan’s rise, such protests were short-lived.
He lost the 2006 elections but his wife purchased a flat and car
parking space in Travancore Residency Towers for Rs. 6 lakh in 2007.
WITHIN A month, Sony again purchased another flat in Mather Square.
The cost of the flat mentioned in the title deed is only Rs. 1.49
lakh, but the market price of flats in the vicinity was about Rs. 66
lakh at that time.
Today, Kerala Youth Congress leaders who were angry about Sreenijan’s
political rise are gunning for him. “We demand a CBI inquiry to find
out how Sreenijan acquired so much property and assets within the last
three years,” said M Liju, former Youth Congress state president. On 5
January, Sreenijan tendered his resignation as Youth Congress vice-
president.
Legal riches? Sreenijan’s wealth has multiplied since 2007
Legal riches?Sreenijan’s wealth has multiplied since 2007
In November 2008, Sreenijan purchased a river-front property of 277.52
cents in Kadukutti village in Thrissur district where he is now
reportedly constructing a resort. According to the title deed, he
purchased the land from Mohammed Iqbal Mather for Rs. 14 lakh.
Villagers who prefer to remain anonymous say the market price was Rs.
1 lakh per cent. If that is the case he has allegedly shelled out Rs.
2.77 crore. And building the resort could put him back by more than
Rs. 10 crore.
In 2009, Sreenijan purchased another property on Deshabhimani Road in
Ernakulam for Rs. 30 lakh. Later, a property of 3.5 cents of land was
purchased in his mother’s name (Sreemathy Vasu) adjacent to his plot.
But it is not only Sreenijan who became rich during Balakrishnan’s
tenure as CJI. The second son-in-law, advocate MJ Benny, too, became
wealthier after his marriage to Rani, Balakrishnan’s younger daughter.
Born to a working-class Christian couple in Nettur, Ernakulam, Benny
married Rani in 2006. Benny and Rani, both lawyers, fell in love in
the court.
Benny’s assets piled up in a manner similar to Sreenijan’s. Between 19
March 2008 and 26 March 2010, he purchased 98.5 cents of land through
five title deeds for Rs.81.5 lakh. This is prime land along the
National Highway in Marad, Ernakulam district. A cursory comparison of
land rates during this period shows that the property was undervalued.
When Benny purchased the property it was around Rs. 4 lakh per cent
and at current rates would be Rs. 10 lakh per cent. Yet Benny showed
his yearly income as Rs. 5 lakh and Rs. 5.5 lakh during the assessment
years 2008-09 and 2009-10. Just five land deals made Benny a
millionaire in two years.
Rani also embarked on an investment spree, purchasing 10.5 acres in
Athirampuzha with her relatives, including Abhilash T Chandran in
2007. Chandran is the son of Thangappan, one of Balakrishnan’s six
brothers.
Then there’s KG Bhaskaran, younger brother of the former CJI, who is
in the spotlight for possessing property beyond his known sources of
income. A senior government pleader practising in the Kerala High
Court, Bhaskaran reportedly purchased 50 acres of land in Dindigul,
Tamil Nadu. In the light of allegations of having illegally amassed
property he was asked to go on leave from 4 January by Kerala’s
Advocate General CP Sudhakara Prasad. Bhaskaran, a former member of
the CPM, contested Assembly elections as a party candidate from Vaikom
in 1977.
Bhaskaran was a regular visitor to the Supreme Court during his elder
brother’s tenure as the CJI. He is also reportedly close to Justice
Paul Daniel Dinakaran (currently Chief Justice of Sikkim High Court
and former Chief Justice of Karnataka High Court) against whom serious
allegations have been levelled of land grab in Tamil Nadu.
No wonder, the Kerala Vigilance Department is now probing all the
assets acquired by Balakrishnan’s family. Especially as the patriarch
has not faded into the sunset and is now heading a body tasked with
bringing justice to those whose human rights have been violated.
Former SC judge wants ex-CJI probed for corruption
In the wake of allegations that former Chief Justice of India K G
Balakrishnan’s relatives have amassed property worth crores, a long-
retired Supreme Court judge on Monday demanded that the Centre
initiate a probe against him.
With reports appearing in the local media, former Supreme Court judge
(retd) Justice V R Krishna Iyer on Monday led calls for a thorough
inquiry into the allegations a day after a local TV news channel made
the stunning expose.
“I myself feel sad that I was a judge. I used to say that an era had
begun when K G Balakrishnan became the first Dalit chief justice. Now,
I don’t feel that way,’’ said the former Supreme Court judge.
He pointed out that there were allegations against Balakrishnan’s
daughter, son-in-law and even mother-in-law. “A commission comprising
chief justices should probe the assets and bank balances of all of
Balakrishnan’s relatives,’’ he said in Kochi.
A leading jurist and former Supreme Court judge, Justice Iyer urged
Parliament and the Prime Minister to appoint a high-powered commission
to inquire into the issue. “The President must require politely
Balakrishnan to resign,” Justice Iyer said of Justice Balakrishnan who
is the National Human Rights Commission Chairman.
As reported, Justice Balakrishnan’s son-in-law P V Sreenijin, who is a
member of the Kerala Pradesh Congress Committee, had contested the
2006 Assembly election from the Narakkal reserved constituency in
Ernakulam district.
At that time, while filing his nomination papers, Sreenijin had
declared he possessed no landed property and that his wife had only
gold worth Rs 4.38 lakh and a little over Rs 1 lakh in cash.
Three years later, Sreenijin and his wife K B Sony, both lawyers,
declared Rs 35 lakh while filing their income tax returns. However,
according to reports now, the couple, who have not declared any
sources of income other than their legal profession, own property
worth crores and are constructing a river-front resort in Thrissur.
Several of these properties are worth many times more than the amounts
for which they have been registered. The CPM’s youth wing, the DYFI,
has claimed that whatever information had come out was only the tip of
the ice-berg.
“We have more evidence to prove that the former CJI’s relatives have
property in Dubai, Bangalore and Tamil Nadu. The needle of suspicion
naturally points to Justice Balakrishnan himself,’’ said DYFI state
president and MP M B Rajesh.
Sreenijin has refused to answer questions from mediapersons saying he
will react later. Justice Balakrishnan was also recently embroiled in
a controversy over a letter written by a Madras High Court judge to
him complaining against former Telecom minister A Raja having tried to
influence him over phone.
For the record, Delhi-based journalist M Furquan in June this year
petitioned Vice-President Hamid Ansari for a CBI investigation against
Balakrishnan and his family “for finding out how much financial assets
they have (allegedly) accumulated since he took over as the CJI’’.
Ansari had passed on the complaint to the Union Home Ministry which in
turn handed it over to the CBI. The complaint is reported to be with
the CBI Kochi unit now.
YOU TOO, YOUR HONOUR?
The retired judge picked to probe the Karnataka land scams has a
‘tsunami of scandals’ in his past, reports IMRAN KHAN
SOME THINGS just seem to get worse. Under pressure to quit for alleged
corruption in land allotment, Karnataka Chief Minister BS Yeddyurappa
finally constituted a one-man commission to probe alleged land scams
since 1995. Yeddyurappa chose retired Karnataka High Court judge,
Justice B Padmaraj. The opposition, which was gunning for the chief
minister, appeared satisfied and stopped its campaign.
But, Justice Padmaraj, it appears, has something in his past that
ought to have disqualified him from heading the probe. In 2007, a
Joint Legislature Committee (JLC) indicted Justice Padmaraj and 84
other HC and Supreme Court judges for owning plots in the Karnataka
State Judicial Department Employees House Building Co-operative
Society. According to the JLC, the society had created ‘an all India
record for being the mother of all illegalities’ and was formed by
‘unleashing a tsunami of scandals’.
Constituted in June 2006, the JLC was headed by AT Ramaswamy and had
14 MLAs and six MLCs. It was entrusted with the objective of
investigating land encroachments in Bengaluru. The AT Ramaswamy report
found that the society had violated the Karnataka Land Reforms Act by
acquiring 36 acres of private agricultural land in Bengaluru North
Taluk without prior permission of the government.
A Joint Legislature Committee indicted Justice Padmaraj and 84 other
judges in a 2007 land scam
The Land Reforms Act stipulates that any such acquired land shall be
forfeited after a summary inquiry by the assistant commissioner
concerned. The JLC also found that the residential layout did not seek
approval from the Bangalore Development Authority (BDA) — the planning
authority under the Karnataka Town and Country Planning Act. Further,
the report notes that “the House Building Co-operative Society then
submitted its layout to the City Municipal Council, Yelahanka, which
is not the planning authority for the society land.
The JLC also found that the layout violated norms for the allocation
of civic amenities and parks. Town planning norms mandate 25 percent
for civic amenities, while the original layout plan envisage only 5
percent. The JLC also questioned the appropriateness of both sitting
and retired judges being allotted sites. It wrote: “The society has
allotted sites to persons who are ineligible for allotment of sites as
judicial employees. Most noteworthy of such ineligible persons are the
HC judges, many of whom have been allotted sites.”
Shocked at the extent of corruption perpetuated by the judiciary, the
JLC noted: “The society, which should have been a model to others, has
become the leading lawbreaker without fear or care of law, property or
public interest.” This is a strong indictment. So how did Yeddy pick
Padmaraj?
Ex-CJI's wealth under scanner
KOCHI: There is no respite for Justice K G Balakrishnan, former CJI
and present NHRC Chairman, from controversies.
Close on the heels of the A Raja episode, he has landed in trouble
with allegations erupting over his assets. A CBI inquiry into the
amassment of wealth by him is now on the cards. The CBI is awaiting a
formal nod from the Registrar-General of the Supreme Court, which is a
legal requirement, to launch a probe into his mysterious assets.
CBI sources have confirmed the receipt of a complaint against
Balakrishnan by a Delhi-based journalist.
The journalist, in his complaint filed before the Vice-President’s
office, alleged that the former CJI had amassed wealth
disproportionate to his known sources of income.
The Vice- President’s office forwarded the complaint to the Union Home
Ministry which in turn forwarded it to the CBI.
“We have received the complaint but no investigation has been
launched. It will be launched only after getting an official nod. The
Supreme Court Registrar-General is the competent authority to give
sanction for the probe,” said sources in the Kerala unit of the CBI.
But, it is reliably learnt that a quick verification of assets of
Justice Balakrishnan’s daughter K B Sony and her husband P V Sreenijin
indicated that everything was not hunky-dory. Sreenijin, a KPCC
member, has allegedly amassed wealth to the tune of several crores in
the past four years.
Sreenijin, who had declared only assets worth Rs 25,000 in the
affidavit filed in the 2006 Assembly polls (he was the Congress
candidate from Njarackal,) now owns several prime properties,
including a riverside plot of 2.5 acres at Annamanada in Thrissur.
He and his wife Sony have also acquired a flat in the city, a plum
office space near the High Court and 25 cents of land at Elamakkara
(in the suburbs of Kochi) where the construction of a bungalow is in
progress. Both Sreenijin and Sony are practising advocates and don’t
have any other known sources of income.
The state unit of the DYFI has also called for a detailed inquiry into
the allegations and demanded the resignation of Justice Balakrishnan
as NHRC chief.
The fresh controversy will land Justice Balakrishnan in a precarious
position as he has already been under a cloud following Supreme Court
Judge H L Gokhale’s revelation regarding former Telecom Minister A
Raja’s bid to influence a Chennai High Court judge.
2G scam: How Raja allegedly robbed India
The latest revelations on the 2G scam suggest a careful confluence
between the Telecom Ministry, when it was headed by A Raja, and a
series of big business houses.
"85 of the 122 licenses were issued to companies which suppressed
facts, disclosed incomplete information and submitted fictitious
documents to DoT and thus used fraudulent means of getting licenses
and thereby access to spectrum" -this is one of the more biting
conclusions of the report prepared by the government's auditor, the
Comptroller and Auditor General (CAG). (Read: Report Highlights) |
(Watch: CAG explains 2G report) | ( Read: Full text of report)
The report - which was leaked to the media last week and forced Raja's
resignation - was tabled in Parliament today. It is unflinching in
its indictment of Raja, blaming him for violating guidelines,
indulging in favouritism and costing the government Rs. 1.76 lakh
crores by giving away 2G spectrumn in 2008 at bargain basement prices
to inexperienced new players. (Read: What is the 2G spectrum scam?) |
(Who is A Raja?)
The CAG report says Raja ignored the suggestions of the Law Ministry,
the Finance Ministry, and even the Prime Minister. "The PM had
stressed on the need for a fair and transparent allocation of
spectrum..... Brushing aside the advice, the Department of Telecom
(DoT) in 2008 proceeded to issue licenses for 2G spectrum at 2001
prices, flouting all rules and procedures." (Report Highlights) |
(Read: CAG must ensure fair reports, says PM | Full text)
Read more at:
http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
Companies that benefited from Raja's twisted rules include Reliance
Telecom (owned by Anil Ambani), which was allocated spectrum ahead of
the others. The Department of Telecom, the report says, "did not
follow its own practise of first-come first-served in letter and
spirit."
The report also states that Swan Telecom was given undue advantage,
and that it served effectively as a front for Reliance. The charges in
the CAG report are that Swan should not have been considered for a
license because Reliance Communications held 10.71% stake in Swan -
and according to the rules, a telecom operator cannot own more than
10% stake in another telecom company operating in the same service
area . Reliance Telcom issued a statement this evening that declares
it did not have any shareholding in Swan when the license was granted
(the CAG report's allegation is that Reliance owned stake when Swan
applied for the license).
Swan's application should have been rejected initially by DoT, says
the report.
The CAG report says that nine companies got more spectrum than stated
in their contracts. They include Bharti, Vodafone, Idea, BSNL,
Reliance, and Aircel.
CAG indicts Unitech Wireless
Another big beneficiary of the 2G spectrum allocation was Unitech
Wireless, which had no experience in the telecommunication sector.
After Unitech got the license for a throwaway price of Rs. 1,661
crore, it sold 60 per cent stake to Telenor Asia for a whopping Rs.
6,200 crore.
In its report, CAG indicts Unitech saying the high value paid by
Telenor was for the 2G spectrum, and not for other inputs as claimed
by Unitech. It also says that such huge equity infusion, which should
have accrued to the public exchequer, went as a favour to the new
licensees for enriching their business.
Speaking to NDTV, the telecom giant Telenor said that its investment
in Unitech Wireless conformed to all regulations. (Watch)
The political crisis continues
The stand-off between the government and the Opposition over 2G scam
continues. The Opposition wants a Joint Parliamentary Committee (JPC)
to investigate the 2G scam. The government has said there is no
question of agreeing to this. (2G scam: Opposition chants 'we want
JPC'; No, says Government)
Parliament has not functioned at all this winter session - the
Opposition says it won't let the House get to work till a JPC is
announced. (Watch: Let the law take its course, says A Raja)
There were loud and angry scenes in Parliament once again today - the
Lok Sabha has been adjourned till Thursday, since tomorrow is a
national holiday for Eid.
A lunch meeting with Opposition leaders called by Finance Minister
Pranab Mukherjee to try and end the deadlock, has ended without a
breakthrough. Mukherjee, who also met senior BJP leader LK Advani at
the latter's Parliament office earlier, emerged from the lunch meeting
to say, "We are for discussion. No solution has been found yet. They
want a JPC." (Read: No breakthrough at Pranab's lunch meet)
Read more at:
http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
Five-star jails of India
In a raid on Meerut Jail led by the DIG of Agra Jail to recover and
seize cell phones and other unauthorised and prohibited items, there
was a fight between the jail police and inmates of the high-security
prison. It left six police officials and four inmates injured.
The raiding DIG said, "It could not have happened without the
connivance of jail officials. We had special instructions from the
home department as Meerut Jail is known for its lawlessness. But we
were shocked when a thou-sand-strong mob attacked us with sticks and
stones. We were trapped and could only escape after we charged towards
the gate."
The prisoners snatched away all the mobile phones and contra-band
recovered during the check that was ordered at the instance of the
State Government. The DIG has accused the superintendent of Meerut
Jail of "inciting the jail inmates to attack us so that we could not
find prohibited articles in the jail".
On the other hand, the jail superintendent has accused the DIG of
demanding illegal gratification. Some staff has been suspended. The
other form of corruption reported from the Meerut Jail included
unauthorised sale of items at exorbitant prices. Cigarettes were being
sold for Rs 20 per stick. It cost Rs 500 for a meal of choice. A local
call could be made for Rs 20, an STD call cost Rs 100. The Meerut
Jail, built to house 700 inmates, now has 1,850 prisoners.
A former Uttar Pradesh Minister, serving his sentence in Lucknow Jail
for the murder of his mistress Madhumita Shukla, freely hosted a
wedding anniversary bash for a co-accused in the murder case inside
the jail premises. A sitting Minister when asked replied, "No one is
born a criminal and the Samajwadi Party believes in transformation of
criminals. You can't stop anyone from celebrating an occasion
concerning him, his family or near and dear ones - within the premises
of the jail. As per my knowledge, there was no violation of the jail
manual."
In 2004, three accused involved in the assassination of Punjab Chief
Minister Beant Singh escaped scandalously from the Burail Jail in
Chandigarh. Inspection of the jail showed that the high profile
prisoners were not only leading a luxurious life, but they had also
enclosed their cells in a way that their activities inside could not
be kept under vigil. Once the cell was turned into a virtual fortress,
the prisoners dug a tunnel to escape.
The escape of terrorists involved in one of the most high-profile
assassinations could not have materialised simply through a nexus
between corrupt jail staffers and the prisoners. Vast sums of money as
well as a pattern of internal and external intimidation was necessary
to create the conditions for the eventual breakout and a significant
network of support was essential to make sure that the fugitives could
evade the police system once they were out.
The escape of Phoolan Devi's killers from high security Tihar Jail and
other similar escapes of prisoners highlight the ineptitude and
complicity of jail staff. Tihar Jail is actually a complex of seven
prisons, having a capacity of 4,000 prisoners. But actually there are
more than 12,000 prisoners lodged there. Regrettably, there is no
fixed rule as to how many prisoners can be lodged in a particular
jail.
The following is the existing jail system. There are two categories of
jails - district jails normally built for 400 prisoners each and
central jails for 750 each. The jail staff members are not from the
police and have their own distinct hierarchy. There are different
categories of under-trial prisoners depending upon their education and
social status. Courts have directed jails to do away with the
colonial, vintage classification of under-trial prisoners into Class
I, II and III, based on their socio-economic status, but Government
continues to stick to the old practice.
Selected prisoners are used for the internal management of jails - to
make up for manpower shortage - as well as administrative work. The
convict- supervisors become a link between the prisoners and jail
officials. They are given an incentive for their work. Any wrong
placement or selection can lead to the escape of prisoners or other
crimes going unchecked inside the jails.
The Indira Gandhi Government had set up a high-powered panel in 1980
to propose prison reforms. The apparent cause was Mrs Gandhi's first-
hand experience of the conditions in Tihar where she was lodged in
1978. Mrs Gandhi appointed the Justice AN Mulla Committee to review
the national jail system even though jail is a State Government
subject.
The Mulla Committee, 1983, recommended that the Constitution be
amended to shift the subject of prisons from the State List to the
Concurrent List. That never happened. The Centre at present has no say
in the matter of jails except when they are in Union Territories
where, again, jails are far from being models. The result is that
jails continue to be governed by an outdated law enacted by the
British in 1894. The position is that the jail conditions vary greatly
from one State to another or even from prison to prison. There is no
national policy on prisons.
A sensible recommendation of the Mulla Committee was to classify
prisons into special security, maximum, medium and minimum security
prisons. Such a classification can serve as a safeguard against
jailbreaks and jail riots.
Much before sting operations became a norm with the media, a hard-
hitting report had shown that in the Tihar Jail, officials mixed with
notorious inmates like Charles Sobraj who ran an extensive drug and
liquor racket with impunity. This led to a secret visit of the then
Home Minister Giani Zail Singh to Tihar Jail. He was stunned to see a
drunken prisoner offering him a bottle of liquor. A mortified
Government finally suspended two jail officials.
Criminalisation of politics has produced a strange phenomenon.
Criminals have contested elections from behind the bars and some of
them have won. Given such topsy-turvy world of politics, prison
officials are often either unmindful of the crimes being committed
regularly inside the prisons, or sometimes they are the ones to
provide prisoners with mobile phones, drugs and food. These jail
staffers also organise kavi sammelans and mushairas and help prisoners
run extortion rackets and criminal gangs from inside the jails. A
prison for some prisoners has become a home away from home.
The next issue is that of under-trials. According to the statistics
compiled by the Custodial Justice Cell of the National Human Rights
Commission, 225,817 of 304,893 or 74.06 per cent of the total prison
population in the country comprises those awaiting trial. The total
jail capacity in India is 232,412 prisoners, which makes the total
prison population 31 per cent higher than capacity, clearly
emphasising the urgent need for a speedier justice mechanism.
Only when politicians go to jail do they talk about reforming the jail
system. They forget the issue the moment they are out. We must be
clear as to what kind of confinement or jail system we want. The time
to make a beginning is now before things get worse. There must be a
Central law to be followed as a model by all States.
No restrictions at Arthur Road jail, gangsters take leave at will
Pune: A highly confidential inquiry report by the Maharashtra prison
department has revealed that several key undertrials, including
Mohammad Dossa, underworld don-turned-politician Arun Gawli and DK Rao
(the right-hand man of fugitive gangster Chhota Rajan), among others,
freely availed of "leave" out of the Arthur Road jail in Mumbai over
the last three years.
The jail authorities neither reported the leave granted to these high-
profile undertrials to senior prison authorities, nor did they raise
objections to the leave applications in court.
A senior prison officer told DNA that the inquiry report has been sent
to the state home department for action as it has exposed corrupt
practices at the jail.
Ironically, officials of the state prison department have none other
than 26/11 accused Mohammed Ajmal Amir aka Kasab to thank for the
revelation of this nexus between the prison authorities and the
undertrials.
Sources told DNA that when the undertrials, including Rao and Gawli,
were shifted to Taloja in Navi Mumbai, they started demanding similar
treatment at the new jail premises. They were shifted to Taloja so
that maximum protection could be provided to Kasab, who was to be
lodged at the Arthur Road jail.
"The undertrials continued to demand leave at Taloja as they had at
Arthur Road," said an official, adding that the authorities at Taloja
then reported the matter to senior prison authorities in Pune and
Mumbai.
Former superintendent of Arthur Road jail Swati Sathe, who is
currently posted in Nashik, said she was unaware of any inquiry.
It was during Sathe's tenure that the "influential undertrials"
availed of leave.
The inquiry revealed that leave extended from a few hours to even a
couple of days.
It also found that this practice had been going on at the jail for
nearly three years.
The authorities did not deny leave to around 45 gangsters, most of
whom are booked under the stringent Maharashtra Control of Organised
Crime Act, 1999. One undertrial gangster was found to have "gone on
leave" on 35 occasions, the report said.
The Maharashtra Prisons Manual has no provision to grant leave to
undertrials, as is allowed in the case of convicts lodged in jails. It
is customary for an undertrial to obtain permission from a court in
order to avail leave.
The inquiry revealed that none of the 45 undertrials sent their
applications via the jail officials. They were directly sent to court.
Significantly, the authorities at Arthur Road jail failed to appeal
against this.
The jail authorities also failed to report the leave taken by the
under-trials to the state government, which generally alerts the
police machinery to keep a close watch on the activities of the
suspects.
State prisons chief, inspector-general of police Uddhav Kamble
confirmed to DNA the commissioning of the inquiry, but refused to
elaborate. A senior official of the prison department confirmed the
developments as well.
Another senior jail official explained that leave is only granted to
an under-trial by the court for emergency situations, like the demise
or serious health condition of the next-of-kin, besides attending the
marriage of his/her children.
Leave can also be availed for emergency medical treatment at the
private hospitals, but only under the supervision of the jail
authorities. However the under-trials went on leave to attend
marriages and death of distant relatives, other minor health issues of
family members and even their companions.
Kamble sought a detailed record from the deputy inspector general of
police (prisons), Mumbai, of all the leave awarded by the courts. The
DIG, Mumbai conducted an inquiry and found the involvement of Arthur
Road Jail officials. Another inquiry was commissioned to verify the
findings of the DIG's report.
In Pune, 22 inmates have been missing from the Yerawada Central Prison
after they were granted parole or furlough in the past 30 years.
Mumbai-based gangster Vijay Thopte who was accused in the murder of
union leader Datta Samant and Arun Gawli gang member Eknath Arjun
Mohite of Bhosari are among those missing from the Yerawada jail.
While Thopte has been missing after he was granted parole a year ago,
Mohite, who has several cases registered against him with the Pune
city and rural police units, has been missing for more than a year
now.
Might Not Have Recommended Parole For Manu: Pilot
Disapproving the grant of parole to Jessica Lall murder convict Manu
Sharma, who also happens to be the son of an influential Haryana
Congress leader, Congress leader Sachin Pilot has said that he might
not have recommended parole to the lifer had he been the chief
minister of Delhi.
"I personally believe that perhaps more diligence should have been
made before issuing these orders. The fact that he has already gone
back (to jail) does not make a difference now," Pilot said while
participating in a TV programme.
Asked whether it was a mistake for the Delhi government to have
recommended parole for Sharma, Pilot said, "Well I am not Delhi chief
minister. From whatever I know of the case, if I was the chief
minister I would probably not have given the parole".
Sharma was granted parole after chief minister Sheila Dikshit
recommended it. Sharma, who had applied for the parole on the ground
of performing religious rites for his grandmother (who died in 2008),
attending to his ailing -- later modified to 'ageing' -- mother, and
business matters, in Chandigarh.
Significantly, the Delhi Police has gone on record to say that it had
opposed the grant of parole. It has been reported that the Delhi
government has so far received 132 parole applications this year out
of which as many as 88 are still pending, 33 were rejected and 11
applicants were granted parole.
Dikshit had so far been under fire for justifying her decision, saying
that it was within the "legal purview" only from the opposition BJP
and legal luminaries, who had so far been protesting that it was a
blatant case of partisanship. Not only was Manu Sharma granted parole
on flimsy grounds, and his parole extended by another month on the
recommendation by Dikshit, he clearly violated the parole conditions
as well.
Opposition BJP points out that Manu Sharma's father Venod Sharma, who
is an influential Congress leader in Haryana, played a major role in
ensuring that the Congress government in Haryana could be sworn. He is
believed to have been instrumental in getting the support of not only
the seven independents but also the defectors from Haryana Janhit
Congress which now only has Kuldeep Bishnoi left because as many as
five of his MLAs joined Congress on Monday.
Sachin Pilot is the first Congress leader who has gone on record to
even mildly express disagreement over the issue.
Nobody would have known
What is even more significant is that the news of Jessica Lal murder
convict -- who is serving a life sentence for having shot dead the
Delhi model on April 29, 1999 at the Tamarind Court Bar -- being out
on parole came to public notice only because he was yet again involved
in a brawl in a nightclub.
Observers point out that the brawl on the night of November 6 at F bar
in New Delhi's Ashoka hotel that Manu Sharma and Sahil Dhingra got
involved with Pranay Dadwal and his female friend may even have gone
unreported or been hushed up had Delhi police commissioner's own son
not been involved in the case.
The argument turned ugly and Pranay Dadwal informed his father, who
happens to be none other than Delhi Police Commissioner Y.S. Dadwal.
It was because of this that a jeepload of cops landed up at the bar.
By then Manu Sharma and his friends had left F bar and moved to the
exclusive LAP bar in the adjacent Samrat hotel, which is owned by
Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP, Manu had escaped. The police
picked up Dhingra, and it was only on going through the CCTV video
coverage that it could be confirmed that the person accompanying
Dhingra was none other than the high profile Manu Sharma who, most
people assumed, should have been in jail.
It was only then that it came to light that he had not only been
granted parole, it had even been extended, while he had been out there
partying at various nightclubs and bars, not only in Chandigarh, where
he was supposed to be for the period of his parole, but also in Delhi.
Observers also point out how thee is nothing new in the subversion of
justice in Manu Sharma's case, as the powers that be had almost
ensured his acquittal in the Jessica Lal murder case, which got re-
opened because of an unprecedented media and public campaign.
Chained In Purgatory
It’s time we extirpated the horrific dehumanisation from our prisons
- R.K.Raghavan , CBI Director
Ashutosh Asthana, the key accused in a fraud involving the judiciary,
died a few days ago in a Ghaziabad (UP) prison. The bazaar rumour is
that he died of poisoning. Whether he took the poison himself or was
tricked into doing so will be known after the inquiry ordered comes to
a conclusion. Two other incidents of past weeks were equally shocking.
A murder accused sentenced to life hanged himself in Coimbatore jail,
and a software engineer locked up after a complaint of dowry
harassment against him similarly ended his life. Finally, an Indian
student detained in a US prison for sending intimidatory mail to
President Bush, has complained of being roughed up by fellow
prisoners. Life inside prisons is undoubtedly perilous. This may not
be a new phenomenon, but the public now is more aware of what goes on
inside prisons. As sensitive human beings, our conscience should lead
us into doing something radical to reform our prisons, cure it of its
present ills. As someone said, a nation will be judged by the manner
in which it treats its prisoners. I would like to recall a national
leader incarcerated during the Emergency telling me how soul-crushing
detention could be. He was not surprised that many jailed along with
him chose to plead for mercy and walked out at the earliest
opportunity.
Prisons infuriate me for various reasons. Firstly, there are dubious
arrests by the police and the even more galling convictions by courts
on false cases, sometimes trumped up by the prosecution, and which end
in innocent persons being sent to jail. The notion that many who
should be in jails are outside, thanks to political and economic
clout, is not wholly baseless. What, then, is the justification of
locking up many who are guilty of minor infractions? Secondly, rampant
overcrowding of prisons is a matter of disquiet, and of concern
worldwide. States in the US keep on building new prisons, although
demand quickly outstrips available space. Too many prisoners means
abysmal and morally repugnant conditions. Most unjustly, the number of
undertrials far exceeds convicted prisoners. Many of the former end up
spending time that surpasses the maximum period for which they could
be convicted under the law, if found guilty at all.
The corruption that afflicts prison management is of Himalayan
proportions. This is first reflected in the quality of food served to
inmates, and attributed to malpractices in the award of contracts to
suppliers of grocery. When food is inedible, prisoners revolt. Some
bribe guards into getting something better from outside. Smuggling in
of drugs into prisons is not unusual. Detainees use cell phones
freely. All these are for a price, and the rates vary from prison to
prison. But these are lesser evils, if one reckons the violence that
is routinely perpetrated—both by prison staff and fellow prisoners—on
a few hapless prisoners who stand out from the rest for some reason,
be it the nature of their crime or their efforts at good behaviour.
Abusive prison guards just do not enjoy their work and are clearly
frustrated at the stultifying work environment. Some thought has been
devoted towards improving their conditions of service. Whatever has
been done till now has not exactly improved their morale.
Of course, there are some remarkable individuals in the system who are
trying to make a difference and have actually succeeded. The legendary
Kiran Bedi made a world of difference to Tihar, one of the most
notorious prisons in the world. A commendable focus on literacy and
health issues altered the scene. Union home minister P. Chidambaram
had a few good words to say about Tihar during his recent visit there.
I had the good fortune to go round the Sabarmati Jail in Ahmedabad
recently. This is a historic jail, built in 1895, where the Mahatma,
Lokamanya Tilak and Sardar Patel had all been detained. It is a clean
place, although it is also overcrowded (nearly 4,000 inmates in a
place meant for half that number). A young IPS officer, Chandrasekhar
(an agriculture graduate from Coimbatore), and his equally
enthusiastic IGP Keshav Kumar deserve every bit of praise we can
shower them with for their devotion and care. Their latest innovation
is in the area of telemedicine, with the support of the local Apollo
Hospital. It has been a boon for prisoners needing expert medical
opinion. Online examination of medical records and consultation with
specialists for prisoners have the potential for saving many lives.
How many in our political firmament understand that a prisoner’s life
is as precious as theirs? As long as it is possible for the criminal
justice system to make flagrant mistakes and lock up innocent people,
we need to look after our prisoners with the utmost benevolence.
Nothing else can act as testimonials of our urbanity and humanity, the
two qualities that are in danger of becoming extinct.
My experience in Police custody & Jail
My Story
Complaint to CBI - Misuse of MCOCA
Appreciation letters and Messages
Police Custody
I was arrested on 5th July 2006 in the early morning at 3am from my
residence along with 5 more innocent person (My partner & 4 tenants
from my slum plot) under dreadedMCOC Act. The crime branch officers
came to my residence after mid night at around2.30am and took me to
Bandra crime branch office. They interrogate me and asked nothing
regarding my underworld connection for next 5 hours. They were only
interrogating me and my partner as to how I had purchased a plot at
Mulgaon Dongri, Andheri East, Mumbai for so high rate, how many
tenants have signed the agreement etc etc. At around 8.30am they told
us to sign one paper stating that we all are arrested under the
draconian law MCOC Act.
The police officers then took us for medical examination at Bhaba
hospital in Bandra and thereafter they took us to the crime branch
unit no 8 office and Andheri East to do Panchnama of all our
articles. The police officers after doing some more interrogation
took us around 3pm to the special MCOCA court and judge Mr Abhay
Thipsay who as per law remanded us to police custody for 9 days.
It’s really surprising that our plot/office and home all fall under
the jurisdiction of crime branch unit no 10, but none of the officers
from unit no 10 knew whom they are going to arrest till 12 midnight (3
hours before our arrest).
We were then taken to Andheri lock up at around 8pm. It had a small
15 X 10 ft roomwere we all were put in. It had no fan, light and only
the passage had tube light. It had no pillow, bed sheet and we had to
sleep on the floor. Imagine leading a 5 star life through out my life
and see the irony.
Next morning the police officers from crime branch unit no 10 started
our interrogation. After interrogating us for 2 days they found out
we all were not at all guilty and it was a false case, but law is such
you have to be in the police custody for 1 month minimum in MCOC Act.
The crime branch officers were also surprised as none of us had any
single criminal case against us/ no phone tapping was done in spite of
the complainant receiving threatening calls from April 2006 to July
2006/ no call was made by any of us from any of our mobile or landline
numbers and also no money laundering or any links with underworld was
found.
Here I came to know that some officers from crime branch unit no 8
(Senior Inspector Vinayak Sawade & others) and the Investigating
Officer (Assistant Commissioner of Police Pramod Rane now retired and
is working in Reliance Energy) had taken around 25 lakhs of rupees
from our rival Santosh Builder (who claimed to me when I went to meet
him in May 2006 at his office that he is the front man of many
politicians in Maharashtra) and put us in jail to grab my land. This
shows MCOC Act which gives police power to arrest anyone from
underworld, terrorists, murderers, cheaters and person having 2
serious cases against them in last 10 years is being misused by some
police person for their personal benefit. My case was a simple civil
dispute case for which we had filed 2 civil suits against the
complainant (one Brijlal Tiwari).
Mr Rane also took around 7 lakhs rupees from all of us so that we are
not physically tortured in the police custody from a middlemen who
happens to be relative of one of the accused. This can be proved if
his Narco test is done on him or us.
I was given instruction from my friend not to sign any confession
papers without reading it properly while in police custody. This came
in help for me as on the last day of my custody the junior police
officers under the instruction of Mr Rane tried to take signature on a
paper stating we had 3 kattas (desi revolvers) and some bullets.Since
I was good in English I read and told my all colleagues not to sign on
the blank paper. We were put under lot of pressure but when we told
them that today we will complaint to the judge about it they all got
afraid. The police when they find that they are in mistake and have
arrested a wrong person in a false case can do any thing to save their
job and make the case right.
The police also tried to put pressure on my younger brother to give
false statement against me or else he will also be put in MCOCA case.
He was very strong hearted and after taking advice from his friend, he
told the intelligence officer that he will commit suicide in front of
his office after writing a confession letter to his advocate. The
officer was so scared that he left my brother unhurt and also did not
have any guts to take his statement.
As Mr Rane had taken money from us he did not physically tortured us,
but he must havetortured mentally more than 30 relatives/friends of
ours to give false statement against us as he was seeing his case was
very weak and he will land in trouble afterwards.
During our police custody Sub Inspector Ninan Sawant was terrorizing
builders in front of us by telling them on mobile that see we have
caught big builder in MCOCA and now we will also arrest you if you do
not give us money. The SRA plot owner were forced to give money to
Ninan Sawant.
Because of some court order it was good that all prisoner are taken to
hospital to domedical check up every 48 hours. The food in Andheri
lock up was good as it was privatized and taken over by a good South
Indian restaurant.
When I was released on 7th Sept 2006 the court had ordered that I have
to report to the Investigating Officer once every week. Now this man
Mr Rane started putting pressure on me stating that officers from EOW
(economic offence wing of mumbai police) wanted to interrogate me and
was demanding more money from me. But I had an friend who was a
senior upright officer in EOW and he helped me. He gave me his mobile
number and told me that none of his officers are coming to interrogate
me and that I can tell this to Mr Rane. This retired officer Rane got
so afraid that he stopped calling me to his office.
The police has power to arrest anyone and no court of law have ever
punished any policeman in India (except for few high profile cases).
The recent example of the false case against a innocent lady named
Swati Kachalia of Mumbai who was acquitted in March 2010 after
fighting the legal battle with police for 8 years. But the court
should pass strictures against the police so that they don't have
courage to file false cases and get away with it. As a common man has
to suffer for 3 to 5 years in court, spend money on lawyers where as
the police get the lawyers free of charges.
You should see the movie Andhaa Kanoon (role of Amitabh Bachchan) to
know how the law is blind in India.
Arthur Road Jail, Mumbai
If you want to see hell on earth you should visit Arthur road jail.
One barrack in the jail is meant for 70-80 persons but there are more
than 300 people crammed in all the barracks at any given time. It’s
the dirtiest place in the world.
When you enter arthur road jail first they make you take all your
clothes to find out, whether you are carrying any drugs/knife/playing
cards or some object able things not allowed in jail. You are given
back your clothes and then you are made to sit on the road in pairs of
two at least for one hour, till the entry procedure of all the
incoming prisoners or under trials (may be 30 to 40) are over – these
people come from different police stations and from different courts
of Mumbai.
When I was sent to jail custody I was given AFTER barrack (its meant
for person who is given 1 or 2 days jail custody for petty cases).
After staying in AFTER barrack for 2 days I was transferred to barrack
number 8/2 where mostly drug addicts, rag pickers, beggars, drug
lords, rapist are lodged. The prisoner who live in the barracks need
high endurance levels to put up with the excesses within the prison,
including cold gang-wars, extortion, lack of sanitation, unpalatable
food and acute lack of space. Arthur Road jail which lodges only under
trials, has an official capacity of 820, but more than 3,000 are
cramped for space in the jail.
Here if you are known to warden or give him bribe then you are given
most comfortable position (which is there in all 4 corners of a
barrack). You will get bed sheets, good food, allowed to play cards,
have tea, good food etc etc. At night, we have to think twice before
going to the toilets. Once we get up, it is almost impossible to get
back to your place to sleep. Sanitation is pathetic. The toilets are
cleaned only once a day and stink. One can hardly get good sleep. Skin
disease is common as inmates hailing from various backgrounds are
lodged in the same barrack and those who have skin diseases spread
them to others. Bedbugs (known as khatmal in hindi language) are very
commonly seen. Just two doctors man the 25-bed single-storied
barrack- turned into a hospital. Even if we have 10 different
ailments, we are given the same medicine. This has become a joke
amongst all prisoners.
Barrack is a long hall. Its width would be like the following: If
three 5.7- inch persons lay on the floor length wise there would have
four inches gap between one person’s foot and other person’s head.
If you move your hand up - your hand will touch on the foot of some
one and they would shout at you. If you move your foot down then it
will touch on some ones feet, then they will shout at you.
Lights in the hall is never turned off. Person next you and you would
move your hand, or turn in your sleep. That means, you lose your
sleep. Some people have violent moves in their sleep. But if you
make any comment, you will be shouted at.
The day starts with counting of prisoners at 6am when the door opens
and jail police start counting the numbers of prisoners and again in
the evening at 6pm when the door closes. Then we are given tea at
7am. The condition of the toilets is worst it’s all dirty with no
door latch. Then we either take bath in our barrack on 1st floor or
go down in open to take bath. Then you can take walk in your own
barrack or bribe the policeman (not connected to Mumbai police as they
are special jail police having powers inside the jail boundaries only)
and can visit other barracks freely.
There is a canteen outside where you get 500 rupees monthly coupons
and can buy milk, biscuits, cigarettes, butter, bread etc. Then the
lunch is served at 11 am. It consists of watery dal, bland vegetable,
some sweets, rice & hard chapattis which no normal person can eat.
Here we learnt that the government spends 45 rupees daily on food bill
for average prisoner but half of them is eaten by the contractors/
suppliers & jail authorities. If you complain you are beaten
mercilessly.
The food is served in a aluminum bowls. And most of these bowls did
not have proper shape – and was never washed properly for long years.
The bowl you get to use might have used by a drunken person who might
not have taken bath for months. That person might not have washed it
properly also. But you do not have a choice to go and get it washed.
The prisoners who are influential takes butter from canteen, onions
etc from jail kitchen, bribing the warden to make the food tasty by re-
cooking & frying the jail food inside the barrack after door closes at
6pm. The cooking is done with burning of 1 day old chapatti's (which
you get for 50 paisa per chapati in the jail) old newspapers/plastic
utensils etc etc. Around 7 to 8pm you will see smoke all over the
barrack and its difficult to breathe. You can't complain to the
jailer as you will be beaten by the influential prisoners.
A warden is a ruthless criminal serving life term for murder and has
to manage 300 prisoners inside the barrack once the door closes from
6pm in the evening to 6amnext morning, even the jail police does not
enter the barrack at the time given above. The warden can beat you,
push you around, make you sit wherever he want you to sit, can move
you around for no reason. No body is there to question him actually.
Once or twice in a week there is a check up by the police officers
from other jails as many prisoners manage to smuggle food/knives/
mobile etc inside the prison.
There is also an anda barrack where hardened criminals are kept. This
barrack has on small hole from where the sunlight comes in and has a
small open bathroom. Then there is a budda barrack meant for person
above the age of 50 years. This barrack is clean and during my time
Pramod Mahajan was there.
In a week you can meet your friends or relative once across the
window. Here also you have to pay bribe if you wish to talk to them
for more than 10 minutes.
Each month only 500 rupees coupons are allowed per person
officially. But if you need more money you have to pay double the
amount and can get as much money as you want. Hard drinks are also
smuggled inside the jail but at 3 times more price. If you want cash
or durgs there are many prisoners in jail who when they go out on
their court dates get them in their rectum. Its unbelievable but
true. Except for a women everything is available in arthur road
jail.
If you want to hire a servant you have to pay 500 rupees per month.
The servants are mostly small time robbers or drug peddlers who wash
your clothes, press your leg, makes tea and cooks fried food. These
servants feel life is better in prison as you get 2 times food,
breakfast, tea and some money which is difficult for them to get out
side jail.
The prisoners or the under trials as they are known have no work to do
unlike prisoners shown in movies. Here you have only to kill time by
playing cards or taking walk, doing exercise and wait for the next
court date where you get chance to meet your friends and relatives.
In one corner of the barrack is the temple and in the other corner
kuran is kept. Mostly all prisoners are religious by nature. When I
was in jail there was 11 daysganapti function and it was well
organized by the prisoners. All 11 days aarti/devotional songs were
played. Even they managed to get ganapati photo/small idol and
decoration was done. On the last day all prisoners were taking a
small ganesh murthi for visarjan in a small drum out side the
barrack.
On the last day of release the police delay your release by 3 to 4
hours and give excuse that some paper work has to be done. But if
you give them 2000 rupees which they took from my relatives who were
waiting outside the jail they release you in 30 minutes. All this was
happening when the lady jailer Ms. Swati Sathe was so strict and non
corrupt. Imagine when a corrupt jailor comes what will happens
inside?????
Conclusion : if you have money and are highly influential then you can
enjoy jail life.
=======------------
=========================================================
OTHER LINKS OF JAIL IN INDIA & ARTHUR ROAD JAIL, BYCULLA, MUMBAI,
INDIA.
* Detainees in Arthur Road Jail:
http://www.pucl.org/reports/Maharashtra/arthur_road.htm
* The rot in our jail system:
http://news.rediff.com/column/2009/jul/01/guest-the-rot-in-our-jail-system.htm
* Upgrade prison conditions:
http://www.acpp.org/uappeals/uaupdate/2008/up08073004.htm
* Prisoner in arthur road jail dies of TB:
http://www.expressindia.com/latest-news/convict-from-arthur-road-jail-dies-of-tuberculosis/404117/
* No restriction at arthur road jail:
http://www.dnaindia.com/mumbai/report_no-restrictions-at-arthur-road-jail-gangsters-take-leave-at-will_1268300
* one injured in arthur road jail violence:
http://www.samaylive.com/news/one-injured-in-arthur-road-jail-violence/69245.html
* Arthur Road Jail:
http://www.absoluteastronomy.com/topics/Arthur_Road_Jail
* HIV stalks arthur road jail:
http://cities.expressindia.com/fullstory.php?newsid=107268
* Jail or criminals adda:
http://www.mid-day.com/news/2000/aug/1681.htm
* Arthur road jail is like mumbai local trains:http://
www.dnaindia.com/mumbai/report_arthur-road-jail-is-like-a-local-during-peak-hour_1173406
* 1660 prisoners in arthur road jail can get bail:
http://www.rtiindia.org/forum/4837-1-660-still-arthur-rd-jail-when-they-can-get-bail.html
* Prison in India:
http://www.phaseloop.com/foreignprisoners/pris-india.html
* Combat Law (The Human Right Magazine):
http://www.combatlaw.org/v7i2.php
* Indian Prison Reality (article in the hindu newspaper):http://
www.hindu.com/op/2004/04/20/stories/2004042000251700.htm
* Prison visiting system in India:http://
www.humanrightsinitiative.org/publications/prisons/prisons_visiting_system_in%20India.pdf
* 54 years in Assam Jail without trial:
http://www.ahrchk.net/ahrc-in-news/mainfile.php/2004ahrcinnews/451/
* Hate the crime not criminals (Mahatma Gandhi):http://
www.legalserviceindia.com/article/l174-Prison-Reforms-In-Indian-Prison-System.html
* Reforming the prison administration in India:
http://www.ipcs.org/
article_details.php?articleNo=2697
* India more than just prison visit:
http://www.icrc.org/web/eng/
siteeng0.nsf/html/india-interview-250909
* Tihar Jail, Delhi:
http://www.indianetzone.com/37/
tihar_jail_indian_prisons_complex.htm
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
into 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
murdercase
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.
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 by Rajeev
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.
edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 ,
HUDCO FIRST STAGE , OPP WATER WORKS OFFICE ,
LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA cell :
09341820313
home page:
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/
e-mail :
nagar...@hotmail.com ,
nag...@yahoo.com