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Editor : Nagaraj.M.R............vol.2…issue.51.............03/03/2007
Editorial : UNFAIR , INEQUITABLE JUDICIAL TECHNICALITIES IN PRACTICE RESULTING IN VIOLATIONS OF COMMONER'S FUNDAMENTAL / HUMAN RIGHTS - AN OPEN APPEAL TO JUSTICE SHRI. K.G.BALAKRISHNAN , HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
Recently , in the media an interview with the present chief justice of
Even certain technicalities , actions of the judiciary are biased for the rich & mighty. The cases of commoners drag on for years , months without a hearing whereas the special leave petitions which only rich can afford & other cases which the judge thinks urgent comes for hearing at the shortest time & even interim orders are issued. The judiciary in convenient cases initiates suo-motto action based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.
Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ? what about poor people who unable to bear police 3rd degree torture confess to crimes they have not committed & suffer punishment - some times even death sentence , what about their self respect ?
Nowadays numerous scandals involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it's findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.
In the same manner , senior judges facing charges of irregularities / corruption are either asked to resign or not allotted any judicial work. Only in rarest cases impeachment motion is brought about by parliament.
In this manner on quid pro quo basis the functioning style , action time of judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?
Resignation from office or not allotting any work to tainted constitutional functionary is not complete equitable justice ? what about the legal prosecution for their wrong doings ?
Just see the recent media reports about justice bhalla. See the recent reports in "vijaya karnataka' about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits afterwards. Naturally, corruption spreads. Just remember "ROOST RESORT SCANDAL" involving selectors- high court judges & the candidates - newly selected women judges.
The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people's fundamental rights. Ofcourse , there are honest persons in public service – judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues . JAI HIND. VANDE MATARAM.
WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???
In the media , recently there were reports about irregularities about Justice Bhalla who is awaiting promotion as chief justice of high court. In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.
HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit - were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.
It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in
ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED
In early 2006 , While attending a programme the honourable chief justice of
Our constitution has given independence to judges , to freely make their own inference , interpretation of law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don't have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as " contempt of court" , the commonman is punished & the voice seeking the truth is silenced forever.
The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of
1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?
2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?
3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?
4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?
5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.
6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?
7.are judges more equal than the citizens of
8.why don't the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?
9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?
10.why don't the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?
11.why you have not registered previous appeals of HRW , as PIL & not responded till date?
12. the judiciary – honourable supreme court of
We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in
AN APPEAL TO HONOURABLE REGISTRAR-GENERAL SUPREME COURT OF INDIA & HONOURABLE REGISTRAR-GENERAL HIGH COURT OF KARNATAKA
In the past , police have apprehended tricksters who have given wide advertisements in the media publishing vacancies in reputed or some times fictious companies. The tricksters used to collect application fees by way of DD from desiring candidates and used to vanish even without conducting interviews , fully taking advantage of rampant unemployment problem in
registrar, city civil court,
registrar, district & sessions court,
Till date , there is no reply from them. As per RTI Act when information was sought from them , they replied that they have not yet conducted the interview & awaiting law department's sanction. How come they have started the recruitment process without the law department's approval ? is it not cheating of the unemployed youths of their application fees & most importantly their precious careers ? what action ?
the judges & judicial officers are independent as per law and are not the servants / employees of any state or central government. So, they are basically ineligible to be members of the " KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEE'S HOUSING CO-OPERATIVE SOCIETY". However , judicial officers from the rank of munsiff judges to chief justice of
FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN
Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.
1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
2) What are the privileges conferred on legislators & parliamentarians by the constitution of
a) Inside the House b) Outside the House
3) What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
5) Are the privileges defined & codified ?
6) Are these privileges above freedom of the press ?
7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
8) Can the Indian legislatures & parliament be equated to the House of commons in
9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in
10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?
11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.
12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ?
14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?
15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?
16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?
17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?
18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?
19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.
22) What is the criteria for admitting a P.I.L. & giving free legal aid ?
23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
APPEALS TO HONOURABLE CHIEF JUSTICE OF INDIA ,SUPREME COURT OF INDIA & HONOURABLE CHAIRMAN , NATIONAL HUMAN RIGHTS COMMISSION OF
ATROCITIES ON DALITS IN
Inequalities , double standards by government of
Just on the eve of babasaheb's death anniversary , all the accussed in the kambalapalli dalit massacre , Karnataka were let free , by the court. What type of justice is this ? Now take for instance TADA cases , in Karnataka-tamilnadu border forest area ,forest brigand veerappan was looting forest resources. Police failed for long to apprehend him , to cover-up their own inefficiencies police simply used to round-up grownups on one pretext or the other. You must remember that there was no terrorism in that area still TADA provisions were invoked , innocents tribals , dalits were tortured by police . they filed TADA cases on grounds like you
have supplied food , you have stitched veerappan's clothes, etc. these acts even if true does not amount to terrorism.
On the other side ,
3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police
At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :
1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.
There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.
In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.
3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings.
4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.
7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher training of police personnel.
11) To recruit persons on merit to police force who have aptitude & knack for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.
14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.
LEGAL IMMUNITY VS LEGAL PROSECUTION
We at HRW , have highest regard & respects for the honest few in public service & parliament. It is only due to the sincere efforts of
those honest few , wheel of democracy is turning in
criminalization of politics , public service is almost complete. There are many accussed persons in Indian parliament & state legislatures as members of the house – as law makers. Some of these members are making contempt of the house , very august office they hold , constitution of
Hereby , we urge the GOI & all state governments to answer the following questions :
1) how many present MPs , MLAs are facing criminal charges ? how many in the past year wise ?what type ?
2) how many MPs , MLAs are absconders in police records , but are very much present in the house ?
3) how impartiality of investigations is ensured in such cases ?
4) why brain mapping , lie detector tests , etc are not used on such tainted public servants to elicit truth , instead of forming
committees , CBI enquiry which takes years spending crores finally returning empty handed ?
5) how many MPs , MLAs , film stars , sports persons have attended parties hosted by anti-national dawood ibrahim abroad ?
6) how wealth growth of public servants is monitored ?
7) what action has been taken about former union minister mr.subramaniam swamy's complaint that late prime minister rajiv
gandhi's family received funds from foreign intelligence agency ?
8) what action about KGB officer mitrokhin's revelation in his book that , highest persons in GOI were working for foreign intelligence
outfits ? are they still ?
9) what action about former union minister mr.natwar singh's complaint of a leak in PMO which leaked out
10) how many MPs , MLAs occupied offices of profit prior to recent amendment to the same section ? yearwise ?
11) why all of them were not disqualified from the membership of the house ?
12) how you monitor MPs , MLAs of foreign origin or having spouses of foreign origin or having foreign friends , acquaintances while in
13) how many bills passed by the parliament / state legislatures approved by the president / governors are pending enforcement due to delay in gazette notification ? year wise ? delay ?
FAILURE OF CONSTITUTIONAL DUTIES BY H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA
– SHOW CAUSE NOTICE
In the democratic india , whenever a citizen suffers from injustice , violation of constitutionally guaranteed fundamental rights / human rights he can appeal to the higher Authorities for justice , then to the next higher authority in the hierarchy . if it fails he can approach the police , courts of justice. Finally he can appeal to the first citizen of the country & supreme court of
CHIEF JUSTICE OF INDIA are mum. They have failed to perform their constitutional duties. All the doors of justice are closed for me.
HUMAN RIGHTS WATCH has brought to the notice of government cases of rights violations , crimes , tax evasions by public servants & corporate bodies , it also offerred it's services in apprehending corporate criminals stealing crores of tax money. there was no response . the police & authorities are keen , over zealous in apprehending & prosecuting a pick-pcketer stealing Rs.10 , where as it cover-ups the crimes of corporate criminals stealing lakhs , crores of tax money. the government even rewards such corporate criminals with tax exemptions , subsidies , etc. Is it equitable justice ? true democracy of mahatma's vision ? This type of corrupt administration in
1. to take law into his own hands & settle scores. But it is illegal although naturally justified .
2. to suffer more & more injustices conciling to the fact , ground reality that democracy in
3. To committ suicide to runaway from all injustices. But that is illegal & cowardice.
4. To spread awareness among public about corruption in police , judiciary , public service & to kindle the light of crusade in them within legal democratic frame work although presently sufferring from gross injustices. All in the hope that tommorrow will be bright & sunny , with the dawn of mahatma gandhi's swaraj.
Your excellency & your honourable sir , kindly tell me – tell the common people which way to take & answer the show-cause notice.
SHOW-CAUSE NOTICE TO H.E.PRESIDENT OF
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
3.you are making contempt of citizens of
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which
7.you are obstructing me from performing my fundamental duties as a citizen of
Both of you are hereby called upon to SHOW-CAUSE within 30 days , why you cann't be legally prosecuted for the above mentioned crimes . in future , with regard to this case if i am called to police station or court , etc, the loss of my wages & the related expenses must be borne by the government. Meanwhile , if anything untoward happens to me or to my dependents, both of you will be directly held responsible along with the perpatrators of crime and you are liable to pay rupees twenty lakhs as compensation to the survivors of my family.if none of my dependents survive,donate rupees twenty lakhs to the mother theresa's MISSIONARIES OF CHARITY TRUST,kolkata.india.
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Tuesday, March 13, 2007