Wednesday, April 18, 2007

CRIMES COVER-UPs BY VVIPs & PUBLIC SERVANTS

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e – Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom
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Editor : Nagaraj.M.R....................vol.3…issue.06.....................21/04/2007
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Editorial : MEGA CRIME COVER-UPS BY VVIPs & PUBLIC SERVANTS

- An appeal to H.E.President of india ,honourable chief jusice of india & honourable prime

minister of india

our publication HRW has brought numerous cases of injustices to the notice of VVIPs & public

servants , seeking justice to the commoners.till date , they have not taken the appropriate

action . by neglecting their public duties , those public servants are aiding the criminals

in their cover-up of crimes.

The corrupt public servants have not taken appropriate action with regard to following

cases which concerns fundamental / human rights of the public & national security. thereby

they are shielding the criminals & meating out injustices to the public. I am giving

below the web addresses of the particular cases & hereby humbly request you for justice.

CASE.1.MEGA FRAUD BY GOI- http://groups.yahoo.com/group/naghrw/message/196

CASE.2.KILLER COLAS & MEDICINES OF INDIA http://groups.yahoo.com/group/naghrw/message/201

CASE.3. CRIMINALS IN POLICE UNIFORM & CRIMES OF PUBLIC SERVANTS
http://groups.yahoo.com/group/naghrw/message/182

CASE.4.CRIMES OF LAND MAFIA IN INDIA- http://groups.yahoo.com/group/naghrw/message/212

CASE.5. CRIMES OF EDUCATIONAL INSTITUTIONS IN INDIA
http://groups.yahoo.com/group/naghrw/message/211

CASE.6. CRIMESS BY LAW COURTS IN INDIA-
http://groups.yahoo.com/group/naghrw/message/209

CASE.7.WAKE-UP ELECTION COMMISION OF INDIA-
http://groups.yahoo.com/group/naghrw/message/208

CASE.8. 3RD DEGREE TORTURE BY POLICE & SHOW-CAUSE NOTICE TO VVIPs-

http://groups.yahoo.com/group/naghrw/message/206

CASE.9.CORPORATE CRIMES IN INDIA
http://groups.yahoo.com/group/naghrw/message/171

CASE.10.HUMAN ORGANS FOR SALE BY A POORMAN
http://groups.yahoo.com/group/naghrw/message/203

home pages : http://groups.yahoo.com/group/naghrw ,

http://groups.google.co.in/group/hrwepaper/ ,
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ ,

http://e-voiceofhumanrightswatch.blogspot.com ,

hereby,HRW requests your kindself to provide justice in the above matter at the earliest.

JAI HIND. VANDE MATARAM.

Your's sincerely,
Nagaraj.M.R.

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AN APPEAL TO HONOURABLE CHIEF MINISTER OF MANIPUR

Dear Sir ,

INDIA: Two persons abducted and murdered allegedly by the Assam Rifles in Manipur

Name and address of the victims:
1. Mr. Laishram Thouba Singh, aged 21 years, son of Mr. Laishram Gopa Singh, residing at

Heirok Part II, Laishram Leikai, Thoubal district, Manipur
2. Mr. Huidrom Arunkumar Singh, aged 25 years, son of Mr. Huidrom Ningthem Singh, residing

at Heirok Part II, Laishram Leikai, Thoubal district, Manipur
Place and date of the incident: The victims were abducted from Heirok Part II, Laimayum

Leikai, on 30 March 2007
Alleged perpetrators: Unidentified armed persons traveling in a white ‘TATA Sumo' vehicle

I am writing to you to express my concern about the alleged incident of abduction and murder

of two civilians named above. According to the information I have received Mr. Laishram

Thouba Singh and Mr. Huidrom Arunkumar Singh were allegedly abducted from Heirok Part II,

Laimayum Leikai, on 30 March 2007 while they were returning home after attending a cultural

function.

I am informed that later their bodies were found along with the body of an unidentified

person on 12 April 2007 from Mongpijang village which is under the jurisdiction of

Sapermeina Police station. I am also informed that a Joint Action Committee has been

constituted by the people in the locality and that the members of the two victims' families

have filed a complaint at the Thoubal Police Station on 3 April 2007. I am informed that the

autopsy report prepared by the Regional Institute of Medical Sciences reveal that the

victims were subjected to assault before their death. I am aware that the local people have

been protesting against the incident calling upon the government of Manipur to initiate an

immediate and impartial inquiry into the incident. I am also informed that the local people

strongly suspect that officers from the 34 Assam Rifles Battalion is responsible for the

abduction and killing, even though they do not have any direct evidence to link the officers

with the abduction.

I therefore urge you to immediately intervene in the situation to ensure that the incident

is impartially investigated and the perpetrators punished whether it be officers from the

security forces stationed in Manipur or members of the secessionist groups active in

Manipur. I also request you to make sure that the witnesses of the incident are not

threatened or intimidated by anyone. I further urge you to make sure that the investigation

in this case is completed within a reasonable time.

I trust that you will immediately take an action in this case.

Yours sincerely,
NAGARAJ.M.R.
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CORPORATE ACCOUNTABILITY & CORPORATE GOVERNANCE NEED OF THE HOUR

In India , most of the commercial ventures cheat the government of

it's rightful tax dues. As a result the governments doesn't have enough money to carryout

it's social welfare duties – providing health care , food , potable water to all. In turn

common people are dying due to lack of health care , hunger , mal nutrition , etc. the

murderers of these commoners are TAX EVADING CORPORATES , the politicians & officials keep

mum by taking bribe.
Nowadays , even the underworld activities of mafia , terrorist outfits

, political parties are being financed by the illegal corporate deals. Who says threat to

India is from Pakistan only , it is most likely from our own entrepreneur.
Till date the GOI has not put any corporate bigwigs behind bars for their crimes. The

corporate lobby always clamours for flexible labour laws , credit policies as in U.S.A , but

are mum about SOCIAL SECURITY NET , ENVIRONMENT POLICY & CORPORATE GOVERNANCE as in the same

U.S.A. Why ?
Recently , it has been published that , in India out of vast sales of

counterfeit MOVIE CDs & software CDs , underworld is funding narcotics trade , terrorist

movements. It is high time the small investors , public became aware about the activities of

their neighbouring businessmen / entrepreneurs.
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Public meeting on Nandigram

"Nandigram and Gujarat Fall in the same Category as both were State Sponsored"



(Fourteen people were killed by the West Bengal police on 14 March 2007 when it opened fire

on the agitating farmers against the proposed special economic zone (SEZ) in Nandigram

village of West Bengal. The government proposed to acquire the land of the farmers for SEZ

and give it to a foreign industrial house for establishment of a chemical hub.

People of the surrounding villages have been resisting the government acquisition of their

land as it was their only source of livelihood. In an apparent bid to intimidate and

subjugate the farmers the government of West Bengal with the active assistance of local

armed Communist Party of India (Marxist) cadre used brutal force officially killing 14

people while unconfirmed reports put the figure, including missing above 300.

Peoples Union for Civil Liberties (PUCL) and Janhastkshep organized a joint public meeting

on the issue of Nandigram police firing at Gandhi Peace Foundation, Delhi on 3rd April 2007.

A large number of civil rights activist and intellectuals took part in the meeting.s

A report by Dr. Pushkar Raj National Secretary, PUCL.)

A large number of students, lawyers, civil right practitioners and intellectuals attended

the meeting convened by PUCL and Janhastkshep at Gandhi Peace Foundation today, 3rd April

2007. Chairing the meeting and initiating the discussion President of PUCL-Uttar Pradesh

Justice (Rtd.) Ram Bhushan Mehrotra said that in a democracy people should have the right to

decide about the model of development that they would like to adopt for their good. It is

incomprehensible and unacceptable that the government takes upon itself to decide the kind

of development that the people should have and persist with it despite the latter’s stiff

opposition.

Former president of PUCL Justice (Rtd.) Rajender Sachar expressed shock that over the basic

issue of development the governments would go to the extent of shooting the people. `Sane

people of this country must question whether the government that shoots to kill the innocent

to grab their land for development should remain in the office’, he asked. He further said

that in recent times the governments have shown a certain degree of arrogance of power

irrespective of the political parties they belong to and this is an insult to our democracy.

Veteran socialist Surendra Mohan regretted that the government that champions the cause of

poor and unemployed should lay emphasis on capital intensive industry. ` The government says

that they have been inspired by China in the field of SEZ but China has only 6 of them while

we are creating them in every nook and corner of the country. Besides, in china the farmer

does not lose the land, he remains its sole owner’, he said. He further explained that in

the SEZs the labor laws will not apply. It is clearly anti-labor policy and those who have

been championing the cause of the workers and poor have turned their back at them.

Sumit Chakarvati, the editor of reputed weekly Mainstream, paid rich tribute to the dead

farmers who laid their lives for a cause that is dear to the heart of every farmer of the

country. Condemning the Nandigram massacre he said that Gujarat and Nandigram fall in the

same category because they both were state sponsored. `As a leftist I can only hang my head

in shame’, he regretted.

Sumit Chakarvati gave an account of his visit to the west Bengal and surmised that he and

his team came to the conclusion that CPM is sheltering a mafia. He said that West Bengal is

the 5th largest industrialized state of the nation and prior to left front government

assuming power three decades back it was in the 3rd position . What has happened is that

many industries like jute have died down due to the neglect of the government. The need of

the present is to revive those industries and provide employment to the people and not to

industrialize further with the help of capital intensive technology.

Pointing out of the case of Singrur he said that the land in Singrur is regarded as one of

the most fertile land track of the world as per the Geographical Survey of India. The

government is uprooting 15000 people who are depended on agriculture for the sake of

generating the employment for 12000 people!

Well known Supreme Court lawyer Prashanat Bhushan said that he had heard that CPM was no

different than the Congress and the BJP when it came to violent cadre; but now this has been

well established by the happenings of Nandigram. He said that there must be certain

guidelines when the government acquires land of the farmers. Elaborating these guidelines he

emphasized on the ceiling on the land holding of an industrial house; not entrusting the

private parties for rehabilitation of the displaced persons; making gram sabha a deciding

authority in land acquisition of a particular village and finally making a well defined

distinction between the public purpose and the public interest when the land of the farmers

is acquired.

Dr. Aparna from CPI (ML) pointed out that the SEZ Act was passed not long back in the

Parliament unanimously and there was no serious discussion as has become norm when it comes

to the serious policy legislation in the parliament. Now including CPI (M) all the political

parties want amendment in the Act. `The people of this country must ask these peoples’

representative that they should at least be serious parliamentarians’, she exhorted.

Bringing fore her personal visit to Nandigram Dr. Amita Singh, Professor of Centre for Law

and Governance, JNU saluted the spirit of people of Nandigram and said that the farmers of

Nandigram deserve accolade for the fact that they have expressed and asserted what farmers

of the rest of the country have not been able to. She compared what is happening in the

villages adjoining the cities of Haryana with Nandigram and maintained that the resistance

of people of Nandigram will fill the people of the other parts of the country too to rise

against the vested interests of the globalization sponsored corporate interests.

Recalling her visit last year in the region she said that the area has been developed for

last one decade as one of the best in the state to make people self sustained with the

arduous efforts of the self help groups and committed social spirited persons. The result

has been that the area now is free of sanitation related epidemics that claimed hundreds of

life earlier annually.

Besides due to the efforts of the civil society groups the people are self sufficient

economically; in agricultural and related field of animal husbandry, fishery and have grown

in economic self dependence and prosperity. The place is livable and beautiful with local

peoples’ own hard work and efforts of nearly a decade. It is unacceptable for the people of

the area that today the government that did the least for them when they were in dire crisis

comes and tries to snatch their land and deprive them of their honorable livelihood.

Certainly there would be resistance and naturally there was.

Finally Dr. Pushkar Raj secretary of PUCL , placed before the meeting a resolution

condemning the forcible acquisition of agricultural land and forests in the different parts

of the country and depriving the people of their livelihood through the antiquated,

anti-people colonial legislation, viz., the Land Acquisition Act 1894. The resolution

demanded the resignation of the state government and arrest of those who planned and carried

out the Nandigram massacre. The resolution also demanded the repeal of the Land Acquisition

Act, 1894 and the repeal of SEZ Act.

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Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL , MYSORE ………. 570017

INDIA……………………cell :09341820313
home page : http://groups.yahoo.com/group/naghrw ,

http://groups.google.co.in/group/hrwepaper/ ,
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ ,

http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
A member of AMNESTY INTERNATIONAL INDIA
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Thursday, April 12, 2007

CRIMES OF LAND MAFIA IN INDIA

e – Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom

Editor : Nagaraj.M.R....................vol.3…issue.05.....................14/04/2007

Editorial : land scam in Karnataka – an appeal to honourable supreme court of India

When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the overwhelming numbers of criminals law of the land cann't be changed. However in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ?

The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the legislative assembly is still probing the land grabbings in Karnataka. However the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder's expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who are nothing but their own political cronies.

The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today's market prices are 10's of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety.

Hereby , HRW appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes. Jai hind . vande mataram.

Your's sincerely,

Nagaraj.M.R.

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary

An appeal ( PIL ) to the honourable supreme court of India

The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted " town municipal / city corporation laws & building laws" , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it's occupants , to ensure the safety of pedestrians & road users.

Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.

There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers.

The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby , HUMAN RIGHTS WATCH urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made by the cunningness of civic bodies.

Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner.

LAND MAFIA IN KARNATAKA

The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore & other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for crores of rupees.

1. the authorities are not demolishing these illegal structures & prosecuting the occupiers.

2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value.

3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes.

Hereby , HRW urges the govt of karnataka & other authorities ,

1. to clearly demarcate the govt lands & announce it boldly to the public.

2. To clearly demarcate lands meant for public amenities both for current & future usage.

3. To clearly demarcate lands required for town planning say 20 years down the line.

4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc.

5. To impartially act against illegal occupiers – rich or poor.

6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan.

7. Before denotification public objections must be called for & considered responsibly.

8. After denotification the land must be sold at the market rate not the govt rate.

9. In case of land usage conversion also the objections from the public must be called for & considered responsibly.

10. After land usage conversion an alternate land must be incorporated in the plan for the original use.

11. In case of land usage conversion also the occupier must be charged at the market value.

12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member's properties with provision for public scrutiny, cross checking.

13. To ruthlessly prosecute the corrupt officials & ministers.

14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore. Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT

Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property.

In this mysore-bangalore 4 lane expressway project, following inconsistencies are there,

1. this road is not for free public use, but only for those who pays the toll fees.

2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it.

3. The govt has concluded this deal in a hush-hush manner.

4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford.

5. The govt has not paid the prevailing market value to the land loosers.

6. The govt has not given the option to land owners not to sell their property.

7. This whole project is for rich , built by the rich for the rich & not meant for public welfare.

The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by wealthy people for wealthy people why cann't they cough- up market value?

CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A)

AGAINST A POOR WOWAN

The B.D.A flouts it's own rules & spreads red carpet for big land developers & land grabbers. B.D.A posting is a huge money spinner for corrupt officials. The corrupt B.D.A officials work hand in glove with criminal elements & rowdies. They illegally evict genuine allottees who are poor & without any connections from allotted prime lands & sell-off those prime land to the highest bidder of bribe. The poor fellow is re-alloted lands in backward areas & in some cases left in the lurch.

Now , take the following case. Mr. S.D. chandrashekaraiah a poor old man aged around 80 years was allotted with house no.185, kumaraswamy lay-out, first block, bangalore in 1978 vide letter no.

310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

The chairman of B.D.A has allotted the built house on lease cum sale basis. The poor old man mr. S.D.chandrashekaraiah complied with all the rules & in accordance with it even deposited 25% of the house cost in B.D.A'S account. However when he went over to his allotted house for residing in it, he found out some rowdy elements were already residing there. He complained about this matter to the legal owner of the house ie B.D.A . the B.D.A officials didn't take steps to evict the illegal encroachers nor did they make any complaint to the police. His appeals to B.D.A, chief minister of karnataka , etc fell on deaf ears. Hurt by this gross injustice & mounting financial burdens the poor old man died.

Subsequently, the poor man's daughter smt. Nagalakshmi who was also very poor , appealed to the B.D.A authorities once again , to evict illegal encroachers from her father's allotted house. This time the corrupt B.D.A officials played a different game. They showed her a vacant house, gave her oral instructions to live in that vacant house & told her that they will regularise it in due course. The hapless poor woman took huge loans & repaired the house fit for occupation. Just before she was to occupy that house , corrupt B.D.A officials once again planted rowdy elements in that house. Once again the poor woman was cheated. She lost her house, on top of it her loan burden mounted.

Till date, that poor woman is suffering from these gross injustices of B.D.A . SHAMELESS B.D.A OFFICIALS who take thousands of rupees salary & perks every month, all at the expense of tax-payer has not even cared to rectify the injustice. Thereby, they are violating the poor woman's fundamental & human rights.

Hereby, HUMAN RIGHTS WATCH urges the honourable chief minister of karnataka, honourable lokayuktha for karnataka , honourable chairman national human rights commission , honourable chairman national commission for women & honourable chairman state commission for women karnataka, to take the appropriate action & to speedily provide justice to this poor woman.

DECLARATION

name : ...........................NAGARAJ.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA

Title of paper : e-Voice Of Human Rights Watch


periodicity : WEEKLY

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owner/editor/printer/publisher : NAGARAJ.M.R.

nationality : INDIAN

home page : .http://hrwpaper.blogspot.com/

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

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contact : naghrw@... , nagarajhrw@...

cell : 09341820313


I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief.

date :
14/04/2007 your's sincerely,

place :
India Nagaraj.M.R.

___________________________________________________________________________________

Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL , MYSORE ………. 570017

INDIA……………………cell :09341820313
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ ,
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ ,

http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@... , nagarajhrw@...
A member of AMNESTY INTERNATIONAL
INDIA

_____________________________________________________________________________________________________________________________


Tuesday, April 10, 2007

CRIMES BY EDUCATIONAL INSTITUTIONS IN INDIA

____________________________________

e - Voice Of Human Rights Watch - e-news weekly
Spreading the light of humanity & freedom

______________________________________________________
Editor : Nagaraj.M.R............vol.3 . issue.04.............07/04/2007
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Editorial : education sevice or money spinning business – crimes by educational institutions _ an appeal to honourable supreme court of India

Education is a wealth which must be shared with the needy & education alone elevates human beings from all miseries. Keeping this in mind in the olden days numerous philanthropists have donated buildings , lands , money to educational institutions. Keeping the same objective in mind & knowing fully well about rampant illiteracy in India resulting in various social problems , our constitutional frame workers made literacy of masses a priority for every government & part of directive principles of our constitution.

Now , various politicians , their cronies some of whom are not even matriculates are opening schools , colleges , professional institutions not to serve society by providing education to the masses. But to make money , as education is a no loss only profit business. Are these people opening these educational institutions as corporate bodies which legally permits them to indulge in educational businesses, NO. They form charitable trusts & educational institutions as part of those trusts with the avowed objective of serving the society , needy poor persons & to provide them education. Therby , they get prime lands , CA sites from government authorities at concessional rates , they get tax cuts , they import instruments & equipments at concessional rates with duty exemptions. The government extends all these benefits to those trusts to serve the poor. However , these trusts never admit poor persons to their institutions , they extract huge donations from parents of students. Sometimes they give fictious receipts , some don't give any receipts at all. The trustees never remitt those donations to the trust account. After paying such huge donations , still those parents are not admitted as members of the very same trust, lest they speak out against trust fund misuse. So, naturally the trust cheats the government of the taxes which ideally it must pay.

Many schools & professional colleges even lack the basic educational infrastructure to provide education , still they are running the show since years . courtesy corrupt public servants. Take the recent government of Karnataka education department order , which has ordered to shut down more than 22200 schools in Karnataka state. These 2200 schools were functioning since years teaching students in English medium although they were legally permitted to teach only in kannada medium. The range A.E.Os , E.O , B.D.O everybody were aware of this but kept mum as bribe money was in their mouth , the only persons who didn't know the truth were hapless parents. The schools gave wide advertisements , pamphlets inviting admissions for English medium schools , even on the boards of school , school stationeries , receipts , etc , it is mentioned as ENGLISH MEDIUM SCHOOL. So , in this mass cheating act of educational institution managements together with corrupt government servants , now hapless parents & careers of budding young children is getting a beating. The shameless double act of government now to close down these schools is not right , the government should have done this in the very first year of these educational institutions. These managements have cheated the parents & also violated the faith of the consumer .

Hereby , we do humbly request you to register cheating case against managements of these 2200 educational institutions together with respective range A.E.O , E.O , B.D.O as per IPC and to provide relief , compensation to parents of students as per consumer act.

Jai hind. Vande mataram.

Your's sincerely,

Nagaraj.M.R.

ANTI DALIT POLICIES OF PRIVATE I.T.Is IN KARNATAKA


Recently in the last week , Karnataka lokayukta sleuths have caught
redhanded the joint director of DG E&T at mysore while taking bribe to
sanction financial grant in aid to private I.T.Is. this is the second
time that official has been caught by lokayukta sleuths. This is just
one case , In DG E&T there is corruption galore , students pay bribe
to get attendance , to get internal assessment marks , etc. the staff
pay bribe to DG E&T officials to get grants , to get heir monthly
salary bills passed , to get affiliations , etc.

The problem in private I.T.Is are so acute that , certain institutions
promoted by people with political connections don't have adequate
training infrastructure for students , staff strength - students to
teacher ratio is less than the norm , portions are not thought
properly nor completed in time , the students even lack basic
necessities like urinals – the fate of girl students only god must
assist. The miracle such institutions are functioning since years &
have even got government financial grant in aid .

In such private I.T.Is , the corrupt managements have recruited only
forward caste people who can pay bribe . the managements in league
with corrupt DG E&T officials have extracted bribes from the staff
members to secure government grant in aid , also every month the
managements recover 25-30% of salary from the staff without any receipt.

The end looser in all these the STUDENTS. How come these private
I.T.Is who have only employed forward caste people , lacking adequate
teaching infrastructure have got affiliations from the government ?
how come they are functioning since years in this fashion ? how come
they have got government financial grants , while private I.T.Is run
by honest managements providing proper infrastructure to students &
employing staff irrespective of religion or caste , are struggling to
get government grant in aid ? the miracle is enacted by the people
like above stated corrupt ones .

Is the election in Uttar Pradesh a contest between criminals?

Criminalisation of politics in India is a growing problem, despite legal attempts to address it. In 2003 a law was introduced to prohibit the election of criminals or alleged criminals to state or central legislature. However, persons with criminal or alleged criminal backgrounds continue to hold seats in parliaments all over the country. In fact, current statistics show that some 23.2 per cent of members of parliament in India have criminal investigations or cases pending against them. The forthcoming state election in Uttar Pradesh is a case in point. An estimated 35 per cent of candidates have trials and cases pending against them. The charges include rape, armed robbery and murder.

The primary reason for criminal elements gaining political power is the failure of rule of law. When justice becomes distant and elusive, alternative platforms surface to deliver so-called justice through muscle power. Criminals protect the illegitimate interests of politicians and in turn obtain protection from them and their parties. This mutually beneficial relationship works against the establishment of the rule of law. As a consequence, the criminal justice system is increasingly corrupted and manipulated. This decrepit state of affairs is essential to the continued criminal hold on parliaments across the country, as reasonably well-functioning police, prosecutors and courts would be a death blow to those in control.

The election commission and parts of government have set down norms and appointed committees, with little effect. The Vohra Committee report paints a grim picture of criminal elements in politics and has made various suggestions, as has the National Committee on the Review of the Working of the Constitution. Based on this information, the Election Commission of India has filed a number of proposals for the consideration of the Government.

The judiciary has also made directives concerning the writ petitions filed by the Association for Democratic Reforms [ADR] and the People's Union for Civil Liberties [PUCL] in May 2002. The central government failed to take any legislative initiatives to bring greater transparency to elections in response. However, the Election Commission of India the following month mandated disclosure of criminal records of electoral candidates--including convictions, charges pending and cases initiated, financial records and assets and liabilities of a candidate, their spouse and other close relatives.

To circumvent this order, the government drafted an ordinance with provisions expressly in violation of the Supreme Court's directives and Article 19 (1) of the Constitution of India. In August 16 2002 the government sent the ordinance for the president's approval. However, concerned citizens and activists got together under the banner of the National Campaign for Electoral Reforms and pressured the president to refer the matter under Article 143 of the constitution to the Supreme Court. The president returned the ordinance to the Indian parliament for reconsideration on 23 August 2002. But the cabinet reiterated its position against disclosure of details of the candidates for election and simply returned the ordinance to the president, who had no other option by law but to promulgate it.

The Lok Satta, PUCL and ADR challenged the constitutionality of the ordinance in the Supreme Court, which on 13 March 2003 struck down the amendment brought in by the ordinance by holding that Section 33B of the Representation of People's Act of India is unconstitutional. It also held that the parliament cannot abridge the right of the citizens to know about the candidates and for all practical purposes declared that the notification issued by the Election Commission of India must be made law.

As of now candidates to an election are obliged to submit an affidavit in a prescribed form declaring assets, liabilities and criminal antecedents. Furnishing of wrong information is an offence and on proof the election of the candidate is invalid.

To exercise freedom of speech and expression there must be freedom of choice, which depends upon the right to be informed. Citizens have every right to know about the persons whom they prefer as their representatives. This is a fundamental right under Article 19 (1) of the Constitution of India. The guidelines issued by the Election Commission of India mandate the presiding officer of a district to provide information about the candidate to anyone who claims and denial of such data is illegal.

The political parties of India have a moral and legal responsibility to weed persons with criminal records or pending allegations out of their ranks. Their minimum duty is to provide citizens with a genuine choice for representatives, not persons seeking to use state resources to defend themselves and their cronies. The Asian Human Rights Commission calls on them to start in Uttar Pradesh, where the present dismal choice of candidates leaves little hope for the future of India's claim to be the world's largest democracy.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH INDIA

Dear Sir ,

INDIA: Dalits allegedly beaten up by upper caste and police refuse to register a case

Name of victims:
1. Mr. Chhotelal, son of late Shivnath, aged 60 years
2. Ms. Roopa, daughter of Shankar, aged 50 years
3. Mr. Shankar Ram, son of late Shivnath, aged 50 years
4. Ms. Roma, daughter of Shankar, aged 14 years
5. Mr. Lalchan Ram, son of Suddhu, aged 45 years
6. Ms. Lalmani, daughter of Sitaram
7. Mr. Roop Chandra, son of Bhullan Ram, aged 50 years
8. Mr. Dharmendra, son of Banarasi, aged 10 years
[all are residents of Dasanipur village within the jurisdiction of Phoolpur police station, in Harahua block, Varanasi district, Uttar Pradesh]

Alleged perpetrators:
1. Mr. Vijay Kumar, son of Sharada Patel, aged 20 years
2. Mr. Munna Lal, son of Sharada Patel, aged 25 years
3. Mr. Kumar, son of Vanshulal, aged 32 years
4. Mr. Durga Prasad, son of Bhagwan Das Patel, aged 30 years
5. Mr. Mahajan, son of Bhagwan Das Patel, aged 27 years
6. Mr. Jay Singh, son of late Ram Kewal Patel, aged 25 years
7. Mr. Naresh Kumar, son of Chauthi Patel, aged 40 years
8. Mr. Anil Kumar, son of Mahendar Patel, aged 20 years
9. Mr. Nikku, son of Harilal Patel, aged 20 years
10. Mr. Munna Lal, son of Sukharan Patel, aged 30 years
11. Mr. Harilal, son of Moti Patel, aged 20 years
12. Mr. Vinay, son of Moti Patel, aged 30 years
13. Mr. Vinod, son of Phulchan, aged 30 years
[all are residents of Dasanipur village within the jurisdiction of Phoolpur police station, in Harahua block, Varanasi district, Uttar Pradesh]
14. The Station Officer of Cholapur Police Station, Varanasi district, Uttar Pradesh

Date and place of Incident: 27 and 28 of March at Dasanipur village

I am writing to voice my concern against the alleged assault of the members of the Dalit community by the members of the Patel community in Dasanipur village on 27 and 28 March 2007, in Harahua block of Varanasi district, Uttar Pradesh state, India. I am informed that a small brawl between the children of both communities regarding a dance party have taken a serious turn whereby the members of the Dalit were intimidated and assaulted by the members of the Patel community of the village. I am also informed that the members of the Patel community allegedly attacked the house of Mr. Shankar and assaulted his daughters Ms. Roma and Rupa. I am also informed that the house and household utensils were destroyed in the attack.

I am concerned to know that when the injured from the Dalit community were admitted to the Pandit Deen Dayal Upadhyay Hospital in Varanasi they were allegedly denied treatment against which they have lodged a compliant with the Chief Medical Officer, Varanasi. I am also informed that the Station Officer from the Cholapur police station who visited the Dalit houses on a complaint filed by the Dalits in fact did not register a complaint against the assailants, but allegedly took into custody two Dalits – Ram and Paras into custody and assaulted them in custody and booked them with a false case along with 10 other members of the Dalit community.

I am aware that any assault or insult in public of a member of the Dalit community is an offense punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I am surprised about the manner in which the local police have handled the issue without registering a case against the perpetrators under the provisions of this Act.

I therefore urge you to immediately intervene in this case by initiating an independent inquiry into the case. The alleged assault of Ram and Paras at the Cholapur police station and also the refusal by the doctors and nurses at the Pandit Deen Dayal Upadhyay Hospital to give adequate treatment to the injured Dalits must be inquired into. I also request you to ask the Senior Superintendent of Police to investigate the matter and register a case against the perpetrators named above under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

I trust that your intervention will be forthcoming in this matter.

Your's sincerely,

NAGARAJ.M.R.

APPEALS TO HONOURABLE CHIEF MINISTER OF WEST BENGAL INDIA

APPEAL NO.1

Dear Sir ,

INDIA: Death of a woman in suspicious circumstances and local police failing to investigate the case properly

Name and address of the victims:
1. Ms. Kashmira Khatun, aged 16 years , daughter of Sk. Mainuddin, resident of Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
2. Mr. Ensan Mallik, son of Korban Mallik, residing at Koleypara village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
3. Mr. Subrata Koley, son of late Fatik Koley, Koleypara village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
Date and time of incident: 23 October 2006 at about or after 10pm
Place of incident: Koleypara village, Bhagabatipur, Hoogly district, West Bengal
Alleged perpetrators:
1. Mr. Tapasbrati Chakraborty, the Officer in Charge, Chanditala police station, Hoogly district, West Bengal
2. Mr. Laltu Mallik, son of Saikh Kalo Mallik, Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
3. Mr. Jakir Mallik, son of Jadu Mallik, Nababpur village, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state

I am writing to you to express my concern regarding the death of Ms. Kashmira Khatun, aged 16 years , daughter of Sk. Mainuddin, resident of Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state that happened on 23 October 2007 and the manner in which the local police is investigating into the case. I am informed that upon information regarding the death of Kashmira in suspicious circumstances the Chanditala police has registered two cases, one as case number 136 of 24 October 2006 as a case of murder and destruction of evidence and case number 59 of 24 October 2006 as a case of unnatural death.

I am concerned to know that two suspects Mr. Laltu Mallik and Mr. Jakir Mallik though has been brought to the notice of the local police by the father of the deceased women, the local police have not questioned them regarding their possible involvement in the crime. The father of the deceased, Mr. Mainuddin, suspects that the above two persons are involved in the crime and that the local police is not questioning them owing to the illegal nexus between them and the local police. I am also informed that instead of investigating the case scientifically the Officer in Charge of Chanditala police station is taking people like Mr. Ensan Mallik and Mr. Subrata Koley into illegal custody and trying to force a confession from them in the case.

I strongly suspect that the motive of the police is not to investigate the crime properly but to somehow get rid of the case charging someone with the crime. I am concerned to know about the state of affairs of the investigation into the case and the very fact that the Officer in Charge of Chanditala police station is detaining persons for days together at the police station without producing them before a local magistrate. I am aware that this procedure is a violation of the existing guidelines of the Supreme Court of India in the D. K. Basu case and that such acts call for an immediate contempt of court action against the police officer.

I therefore urge you to take immediate action in the case ordering an impartial and scientific investigation into the case and also to order a separate investigation into the alleged acts of violation of rules and procedures by the Officer in Charge of the Chanditala police station. The officer must be immediately removed from active service and his conduct investigated and punished if found guilty. The entire investigation into the case must be completed in a reasonable period of time and the accused brought to trial at the earliest.

Yours sincerely,

NAGARAJ.M.R.

Appeal no.2

Dear Sir or Madam:,

INDIA: Two minor boys allegedly shot dead by the Indian Border Security Force

Name of victims:
1. Asif Iqbal, aged 13, son of Mr. Asmat Sk., the student of class Vll, Section 'C' Roll No. 48 of the Katlamari High School, the resident of Ramnagar Para village, Katlamari, Raninagar police station, Murshidabad district, West Bengal, India
2. Sahin Sk., aged about 15, son of Mr. Jalil Sk., the student of class Vl, Section 'E' Roll No. 2 of the Katlamari High School
Alleged perpetrators: Personnel of 140 Battalion posting at the Kaharpara Border Out Post (BOP)
Place of incidence: 4 kilometers inside the Indian territory from the International Border Pillar
Date of incident: At around 10:30pm on 1 April 2007

I am writing to you to express my concern regarding the murder of two boys named above by the BSF stationed at 140 Battalion, posted at Kaharpara Border Out Post. I am informed that both boys were students of the Katlamari High School and were taken into custody with the cattle they were allegedly trying to take across the Indo-Bangladesh border. I am concerned to know that both boys were allegedly shot at by the BSF immediately after they were taken into custody. There are no reasons why two boys be shot at by the BSF even if they were to commit a crime.

I am also informed that the bodies of the boys were produced at the Raninagar police station on the next day where the bodies were kept without being examined by a medical doctor for hours. I am also informed that a case has been registered against the boys, which by now makes no sense since the boys are dead.

I am deeply worried about the increasing number of instances where the BSF stationed along the Indo-Bangladesh border is killing persons on mere suspicion and the fact that none of these cases were investigated by the local police or by any other agency. I am sure that this manner in dealing with cases of custodial death has resulted in providing complete impunity to the BSF in the locality.

I therefore urge you to immediately order an investigation into the matter and take appropriate action against the BSF officers involved in this case. I also urge you to consider investigating several other cases that have been brought to your notice by the Asian Human Rights Commission where the BSF has allegedly murdered persons in Murshidabad district.

I also urge you to take appropriate measures to award interim compensation to the victims' families and also ensure that the BSF officers responsible for the murder of two minor boys are charged and prosecuted for murder.

I look for your urgent intervention into this matter.

Sincerely your's,

Nagaraj.M.R.

Appeal no.3

Dear Sir or Madam:,

INDIA: Apparent police inaction into the alleged constant assaults and threats against a man

Name of victim: Mr. Susanta Mondal, aged 38, son of Mr. Panchu Gopal Mondal, the resident of Sitakundu village, Sitakundu post office, Baruipur police station, South 24 Parganas district, West Bengal state, India
Alleged perpetrators:
1) Mr. Medo Naskar, 2) Jado Naskar, 3) Pradip Naskar, 4) Pradip Halder, 5) Sudip Mondal
(Alleged perpetrators from number 1 to 5 are members of one Matry Sangha Club at Sitakundu village)
6) Mr. Ghosh, Sub Inspector of the Baruipur police station, South 24 Parganas district, West Bengal, India
7) The Officer-in-charge of the Baruipur police station
8) Dr. M R Gupta and super of Baruipur State General Hospital
Place of Incident: Premises of the victim's house
Date of Incident: From 2005 to 6 March 2007

I am deeply concerned by the apparent police inaction into the alleged constant assault and threats against one man named Mr. Susanta Mondal by the Matry Sangha Club, organized by the Democratic Youth Federation of India (DYFI) which is a youth front of the West Bengal ruling party, the Communist Party of India-Marxist (CPI-M).

To briefly explain the incident, in 2005, some members of the said club suddenly demanded half portion of the residential house of Mr. Susanta Mondal for the playing ground of the club. When Mr. Susanta Mondal refused their demands, a group of 25-30 persons along with the said club members allegedly broke the boundary wall of his house and also bombed at toilet of his house and physically assaulted him and his family members.

Mr. Susanta Mondal then lodged a complaint at the Baruipur police station regarding this matter and subsequently a case was registered against these persons under sections 127/147/148/436/448/323/325 of Indian Penal Code (case no. 203/2006 at the Baruipur police station). However, all the accused persons except three managed to get an anticipatory bail from the court and even the three arrested persons were in custody only for 15 days. As a result, Mr. Susanta Mondal has allegedly received continuous threats by the alleged perpetrators.

I am informed that despite Mr. Susanta Mondal's repeated complaints regarding this matter, the Baruipur police refused to register any of his complaints as a FIR, while merely registered his complaints as a General Diary (GD no. 764 dated on 08/05/06, GD no. 1046 dated on 17/07/06 and another GD dated on 17/07/2006). The victim complaints that the Baruipur police further advised him to settle the matter with the alleged perpetrators.

I am also informed that when on at around 5:00pm on 6 March 2007, Mr. Susanta Mondal was brutally assaulted by the alleged perpetrators including the five persons mentioned above with iron rod. The victim was then taken to the Baruipur police, who sent him to the Baruipur State General Hospital. However, due to the alleged influence of the alleged perpetrators, the doctors of Baruipur State General Hospital refused to admit Mr. Susanta Mondal and advised that he gets admission at the Bangur Hospital in Kolkata. I am also informed that Dr. M R Gupta of the Baruipur State General Hospital allegedly recorded in his medical report that the victim's injuries were caused by the bamboo sticks, which is not true at all. Mr. Susanta Mondal was then taken to the Bangur Hospital in Kolkata, where he was admitted for 8-9 days for the medical treatment.

I am further informed that although Mr. Subol Mondal, the victim's elder brother, lodged a complaint at the Baruipur police station regarding this assault case on March 7 (case no. 86 dated 07/03/07), the police did not attempt to arrest the alleged perpetrators. Instead of taking action against the alleged perpetrators, the police allegedly told the victim's family not to agitate this incident.

I am informed that due to apparent police inaction, the perpetrators are freely threatening the victim's family and the eyewitness of the incident everyday and told them not to disclose anything about the incident. As a result, the victim and his family are living in great fear for their lives. Mr. Susanta Mondal alleges that the accused persons could escape from the punishment due to political influence.

In light of the above, I strongly urge you to order an immediate and impartial investigation into this matter. The investigation should be conducted by an independent agency, not by the local police, considering their apparent and deliberate inaction into this case for the last two years. I also urge you to take strong steps to arrest and prosecute the alleged perpetrators so that they can be punished by law as soon as possible. Effective protection should also be provided to the victim and his family and the victim's property should be protected as well. I further request you to take disciplinary sanction against the officers the Baruipur police station for their negligence into this case. An inquiry should also be conducted into the alleged false medical report and a proper action should be taken against the concerned medical officer. Lastly, I again urge the Government of India ratify the United Nations Convention against Torture (CAT) without further delay.

Your's truly,

Nagaraj.M.R.

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Monday, April 2, 2007

CRIMES COMMITTED BY LAW COURTS IN INDIA

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e - Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom

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Editor : Nagaraj.M.R............vol.3…issue.03.............31/03/2007
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Editorial : CRIMES COMMITTED BY LAW COURTS IN INDIA

- An appeal to honourable supreme court of india

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We at HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

AN OPEN APPEAL TO JUSTICE SHRI. K.G.BALAKRISHNAN , HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

Recently , in the media an interview with the present chief justice of India was reported. In the interview the honourable CJI stated that he is against any compulsory disclosures to be made by judges ie he is against any external supervision of judges performance , as any self respecting judge would not like this. He is for voluntary disclosures by judges themselves. It is true , thinking on the same lines, our constitutional forefathers thought that only people with self respect , personal integrity will come to occupy high constitutional offices in parliament , legislature & judiciary , as at the dawn of independence there were great educationists , statesmen in parliament , judiciary , in the whole of public service . that is the reason they have left out blank in drafting disciplinary proceedings against erring judges , ministers , MLAs , MPs. They have not even dreamt of the present situation, now see the opposite individuals facing murder , rape , extortion charges are in parliament , state legislatures, corruption is rampant in judiciary. These facts have been publicly acknowledged by union cabinet ministers , supreme court judges themselves. This problem has grown out of proportion due to failure of self regulation , transparency by judiciary & parliament.

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 .

ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED

In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones – the judges will give favourable judgements when the cases of these godfather's & their cronies comes before them – the prodigal sons. As in other wings of government , corruption has spread it's tentacles far & wide in the judiciary also. Remember " roost resort"scandal" – wherein the newly selected women judges were returning favours immorally to their selectors – high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.


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
India to give me information about the following :


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
india?


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 India itself is violating my constitutionally guaranteed FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?


We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in
india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india's unity & integrity, than terrorists. Hereby, HRW offers it's services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

AN APPEAL TO H.E.PRESIDENT OF ZIMBABWE

Your Excellency,

I am writing to express my grave concern about the human rights situation in Zimbabwe following the state's response to attempts by political opposition and civil society leaders and supporters to attend a meeting organised in protest against the police ban of a prayer meeting on Sunday 11 March 2007.

There are corroborated reports that police used excessive force and misused lethal force against unarmed demonstrators. In some cases, while in police custody, activists were subjected to severe beatings amounting to torture.

Such incidents are continuing as of 20 March 2007 and appear to amount to breaches of Zimbabwe's obligations under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights and are contrary to Zimbabwe's undertakings under the Constitutive Act of the African Union.

I appeal to you to use your good offices to remind the government of Zimbabwe of its regional human rights obligations and to encourage a process leading to an impartial and independent investigation of the killing on 11 March 2007 of Gift Tandare, the misuse of lethal force by police against participants at the protest meeting on 11 March and against mourners at Gift Tandare's funeral on 13 March and into allegations of torture and ill-treatment of detained protesters. The results of such investigations should be made public and alleged perpetrators brought to justice.

I also appeal to you to seek assurances that the Zimbabwe Republic Police conduct their duties in a manner consistent with respect for internationally and regionally recognised standards of human rights and policing, without discrimination. To restore public confidence in the Zimbabwe Republic Police, police officers should operate in a manner consistent with international human rights law and standards, including the Southern African Regional Police Chiefs Co-operation Organisation (SARPCCO) Code of Conduct for Police Officials, Article 1 of which states that: "In the performance of their duties, police officials shall respect and protect human dignity and maintain and uphold all human rights for all persons."

Finally, I believe that the blanket ban on public meetings is in breach of Zimbabwe’s obligations to respect and protect the right to freedom of expression, association and assembly, enshrined in international and regional human right rights treaties, and is in breach of the Constitution of Zimbabwe. I appeal to you to use all possible influence to have the ban lifted without delay.

Yours sincerely,

Nagaraj.M.R.

AN APPEAL TO H.E.PRESIDENT OF TUNISIA

Your Excellency,

I am writing to express my concern at the continued imprisonment of lawyer and human rights defender Mohammed Abbou, who marked the second anniversary of his detention on 1 March 2007.

I urge you to ensure the immediate and unconditional release of Mohammed Abbou as a prisoner of conscience who was imprisoned solely for the legitimate and peaceful expression of his beliefs. His continued imprisonment violates Tunisia’s obligations under Article 19 of the International Covenant on Civil and Political Rights.

In the meantime, I appeal to you to ensure that Mohammed Abbou’s family are able to visit him without facing harassment.

As I am sure you know, the UN Working Group on Arbitrary Detention concluded in 2005 that Abbou’s detention was arbitrary and in violation of Article 19 of the International Covenant on Civil and Political Rights.

As a member of the Human Rights Council, Tunisia has an opportunity to show its commitment to human rights by respecting its international human rights obligations and releasing Mohammed Abbou.

Your’s sincerely,

Nagaraj.M.R.

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