Monday, May 21, 2007

CORPORATE CRIMES - RPG CABLES LIMITED

e –Voice Of Human Rights Watch – e-news weekly
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Editor : Nagaraj.M.R.........vol.3…issue.10................19/05/2007
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Editorial : RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS

M/S RPG CABLES LTD , an industry located at mysore is promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.


Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD,
MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.


These type of ill-gotten wealth of various industrialists & traders in
india is fuelling the black economy, destabilising the economy, cheating the government of it's tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When mr. R.P.Goenka has failed to properly govern a small company, how can he govern our vast country India being a member of parliament ?

The shameful part is that inspite of so much of cheating by the said company ie by it’s executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.

JAI HIND . VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

RPG CABLES LTD & SUDARSHAN TELECOM MYSORE
-Are they adhering to environmental norms ?


These two private companies situated at mysore, karnataka state are in the business of manufacturing polythene insulated jelly filled cables & optic fibre cables for Tele- communication purposes. These two companies are burning off polythene wastes in the open releasing various toxins to the atmosphere . also , they are not properly disposing off non bio-degradable wastes like optic fibre & fibre reinforcement materials ,which poses a grave threat to the public at large. In addition they are not taking proper occupational safety measures in handling these materials posing a grave threat to the lives of employees. Karnataka pollution control board & labour department are you hearing ?

wake-up labour commissioner & chief inspector of factories,government of karnataka.
- illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE , M/S VARSHACABLES LTD MYSORE , M/S FINECORE CABLES LTD , MYSORE.


In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.


In M/S VARSHA CABLES & M/S FINECORE CABLES and it's sister concerns ,workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?

RPG CABLES LIMITED MYSORE FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES.

This is a company promoted by longtime supporter & congress M.P (member of parliament ), mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.

Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVERGOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.

The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.

AN APPEAL TO HONOURABLE MINISTER FOR LABOUR , GOK , BANGALORE

Respected sir/madam,

subject : 1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE.

2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER
MYSORE.

3)refer : IDA-3/CR-152/2002-03 dated 25/05/04

I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed.

The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore.

In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?

1. there are workman much junior to me in my category working in the company.

2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me.

3. i was not paid equal wages for the work of equal value & quality.

4. i was made to lift, push weights more than 60kg all alone.

5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds.

6. i was not provided safety gears to handle optic fibre cable materials.

7. some times even hand gloves were not provided.

8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally.

9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me.

10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE.

11.no yearly employee health check-up nor the safety audit is conducted.

12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard.

13. due to all these unhealthy work practices & surroundings , i have suffered health damages

14. the management has closed the canteen while conciliation was going on.

15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor.

16. the management effected the retrenchment while the conciliation proceedings were going on.

17. the management threatened me of dismissal if i don't resign from the union leadership.

18. the management didn't take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year.

19. the management was not paying the monthly salary on the stipulated date.

20. the management didn't pay the full & final financial settlement on the last working day together with retrenchment notice .

HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.

Your's sincerely,

Sufferer of injustices

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Sunday, May 13, 2007

HONOUR OF INDIAN PARLIAMENT FOR SALE

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.09................12/05/2007
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editorial : Honor of Parliament for sale by few members

it is a shame that recently four members of parliament were caught red handed on charges of human trafficking that too misusing their official passports. We have seen in the past various crimes by M.Ps - questions for money , kickbacks , etc. this present sorry state of affairs is due to the caste consciousness of the electorate. The public instead of seeing the honesty , integrity of electoral candidates looks just at his caste , in this trend they elect persons who belongs to their caste even though he is dishonest , untrustworthy & a criminal . Now , the number of criminals , density of criminals ( who are masterminds in evading conviction ) is more in elected houses of people’s representatives – parliament , state assemblies , panchayaths , corporations , etc than in the jails , outside public society . HRW is ready to prove this subject to conditions , in larger public interest. Our people’s representatives must learn classroom discipline , punctuality of attendance , home work , from little kids of primary school.

We have won the independence by the hard way , by the innumerable sacrifices made by great martyrs like mahatma Gandhi , Nehru , bhagath singh , etc. The criminals who have occupied constitutional positions don’t have any right to squander that hard won independence of Indians. The disgrace , contempt to august house of people’s representatives is brought upon itself by the corrupt people’s representatives themselves.

We at HRW , have highest regards for the institution of parliament , this is an appeal to the honest few in the parliament to bring to book their corrupt colleagues & to uphold the dignity of the house . JAI HIND. VANDE MATARAM.

Your’s sincerely,

NAGARAJ.M.R.

WAKE-UP ELECTION COMMISSION OF INDIA

Former chief election commissioner , mr.T.N.sheshan brought respect to ECI by doing his duties sincerely against all pressures . he didn't have any special powers , whatever laws were there since 1950 ie our constitution of India came into being , he used it in letter & spirit efficiently and upholded the sanctity of elections. You can just imagine what his predecessors & successors were & are doing ?

Recently , in the media we have seen reports that a 3 time member of parliament & main fund contributor of a national political party - Mr. M.S.SUBBA is a foreigner , a nepali citizen . how can a foreigner become a law maker of India ? we have seen media reports of MPs & MLAs , cabinet ministers who are wanted by police in serious crimes but absconders , not available to arrest as per police records . but they are very much present in the government & running the show ? what a mockery of law ? recently , we have seen reports where certain MPs extracted money to raise questions in parliament , to sanction money under MPLAD scheme , we have seen media reports about union communications minister mr.pramod mahajan receiving reliance company shares to the tune of crores in return for favourable ruling to that company . In various ways people's representatives misuse their office for personal gains.

While joining government service in India , from peon's job to gazetted officer's rank police inquiry / confidential reporting about the candidate's antecedents is mandatory. In case of sensitive departments like space , atomic energy , defence , etc, apart from police enquiry concurrent investigation is conducted by Intelligence Bureau , before appointing a candidate to any rank in government service whether as peon or as officer. Whereas , in the case of the people's representatives who get elected as MPs , MLAs , MLCs , etc, no investigation is conducted about their antecedents , the affidavits they file before ECI at the time of nomination ( eventhough full of lies ) is taken at it's face value. The ECI doesn't bother to sincerely cross-check those affidavits . in 2004 general elections , our publication requested for deatails about antecedents of 4 VVIP candidates , the ECI replied that they don't have information about them. In this way , ELECTION COMMISSION OF INDIA is favouring the criminals to get elected as MPs , MLAs and eventually to become cabinet ministers. When a criminal becomes a law maker , the first thing he does is to cover-up his own crimes & that of his cronies. In the second step he permits officials to indulge in criminal deeds for a cut in the deal. He formulates laws which are favourable to his rich cronies , based on those inherently flawed criminal intentioned biased laws the courts of justice judges over cases before it. Can a common man hope for justice , what a shame ?

The same criminals who are in constitutional offices become privy to very sensitive informations with respect to national security , economy , etc , it is the same criminals who decide over the national policy matters relating to defence , economy , national security , etc , don't that criminals sell our national security to our enemies for a price ? are we truly safe under such leaders ?

Hereby , we urge the election commission of India to give information as per RTI ACT with respect to following :

1. how many convicted persons , absconders as per police records are there in present loksabha , rajya sabha & all state legislatures as members of the house ?

2.. how many convicted persons , absconders as per police records were there in previous loksabhas , rajya sabhas & all state legislatures as members of the house since independence ?

3. how many foreigners , persons of foreign origin & persons having foreigners as their spouses are there in present loksabha , rajyasabha & all state legislatures , as members of the house ?

4. how many foreigners , persons of foreign origin & persons having foreigners as their spouses were there in previous loksabhas , rajyasabhas & all state legislatures , as members of the house since independence ?

5. give the details like the number of charges , cases against sitting MPs , MLAs throught India & against ex-MPs & ex-MLAs.

6. are you cross-checking , verifying the affidavits filed by candidates at the time of nomination for elections ? how ? is it fool-proof , then how come some criminals have entered parliament & state legislatures as members ?

7. in some instances , when MPs or MLAs are found of some wrong doings , they are just removed from the membership of the house , but no criminal prosecution against such is proceeded , why ?

bottom line : still there are are honest persons in politics , in parliament & in state legislatures striving for public welfare & upholding the law. Our publication pays our whole hearted respects to those honest few . However , criminalization of politics is an acknowledged fact by vohra committee report , acknowledged by cabinet ministers themselves & this is an appeal to the honest few MPs , MLAs to book their corrupt colleagues.

MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver + non performing assets of banks to the tune of Rs. 200 000 crore

- An appeal to Honourable Supreme Court of India

India has become an IT power , taken giant strides in the field of science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of drinks , non-veg foods not at their papaa's expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it's dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it's worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don't pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off dues cann't be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa's property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04th January 2007. just look at this in the backdrop of "QUESTIONS FOR MONEY BY SOME MPs" and "MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL". The government is always unresponsive , careless towards the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it's services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,

1. to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.

2. to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading like – selling products , materials , shares to their sister concerns at discounted prices or buying products , materials , shares from their sister concerns at inflated prices or lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.

3. to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.

4. to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.

5. to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.

6. to put behind bars tax officials who have helped such corporates in swindling public money.

7. to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.

8. to recover & protect public money at any cost.

9. to confiscate all money , properties possessed by directors of such criminal corporates & properties of corrupt bank , tax officials , public servants.

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS / LEGISLATIONS FOR ???? - improper functioning of democracy in india

the vohra committee report has proved the criminalisation of politics

in india. There are many number of criminals in the parliament & state

legislatures. Some of those criminals are cabinet ministers as well as

members of vital parliamentary committees. Thereby, they are in a

position to manipulate , enact laws favouring , benefitting the

criminals their cronies.

Just see how the GOI gave export incentive of Rs.1800 crore to

reliance petroleum although it didn't even export a barrel. Reliance

infocom & tata teleservices were CDMA mobile service providers & have

paid license fee of few crores only equal to landline fees without any

competitive bidding . They were supposed to provide mobile service to

operate like fixed phones within a radius of 40k.m. however they were

providing service like mobile service from one state to another like

GSM mobile service providers. By this act of RIC & TTSL , the GSM

providers who have paid thousands of license fee in competitive

bidding were economically hurt , the dispute went to court. The court

was on the verge of pronouncing it's verdict awarding damages worth

Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with

penalty to GOI. The government announced a unified telecom license

regime with retrospective effect. Thereby, the GOI lost thousands of

crores of rupees & the share holders of GSM players lost thousands of

crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS

RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.

This time too, GOI bailed it out. during the dispute between ambani

brothers the younger ambani mr. Anil ambani director of reliance

himself has stated that for the favours received from the GOI , the

company gifted some shares to then IT &

COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian &

multinational companies are lootingindian exchequer to the tune of

thousands of crores of rupees , through lobbying / bribing.

In india, indirect democracy is the form of governance. In this form,

people's representatives are bound to raise the questions , issues

concerning their constituents on their behalf , on the floor of the

house. However the sad part in india even after 58 years of democracy

, is the lobbying is at it's peak. The lobbying is a gentleman's white

collared crook's way of forming favour seeker's group , creating a

corpus to pay lumpsum bribe & influencing decision making. The

people's representatives are bound to represent their people first ,

then their party & party think tanks. India has come to this sorry

state of affairs , widespread corruption , huge black economy &

rampant poverty, all due to inefficient legislations & enforcements.

These think tanks & IAS lobby, consider themselves as most super

brains on earth & gives out suggestions . the present state of affairs

is a barometer of their brilliance. These think tanks & IAS lobby are

the hand maidens of lobbyists / bribers.

Now consider the following example :

Mr.raj gandhi is a member of parliament from mandya constituency in

karnataka state. He is a MBA graduate & member of ruling indian

progressive party. The multinational giant M/S GREY HOUND CORPORATION

wants to enter into paper manufacturing business in india. It's sight

falls on the public sector paper giant mandya national paper mills (

MNPM) in mandya district of karnataka. The MNC effectively lobbies

with the government. The ruling party think tank & the cabinet

advisory group recommends to the government to make strategic

disinvestment in the PSU M/S MNPM. They bring out graph with full

power point presentation stating that it is good for the company as

well as the government. The lobbyists follows it up with media reports

on the positive aspect of strategic disinvestment. A favourable

impression is created in the minds of literate public. The cabinet

committee okays it.

The " strategic dis investment issue " comes before the parliament for

legislation / approval. The ruling party issues a party whip to it's

members to vote in favour of dis investment. However M.P mr.raj gandhi

who is an MBA in his own wisdom also favours the dis investment.

However ,most importantly the constituents – people in mandya

parliamentary constituency through protest marches , mass post card

campaigns lakhs in numbers expresses their disagreement with the dis

investment & urges their MP mr.gandhi to vote against the

disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip &

his own wisdom votes in favour of strategic disinvestment legislation,

much against the wishes of his people , constituents & mis represents

them in parliament. the democracy has failed here. in This way

democracy is being derailed since 58 years in india. In democracy,

party whip , MP or MLA's own wisdom / brilliance, think tank & IAS

lobby recommendations are all secondary , the constituent's of his

constituency , people's wishes aspirations are of primary importance &

supreme. What people need is a honest representative, whosimply

delivers the people's aspirations on the floor of the house back &

forth , without superimposing it with his own ideas & party ideas. For

true democracy , the people's representatives must be true postmans.

Towards this end , the people must be educated about their democratic

rights & responsibilities. This is an appeal to the honest few in the

parliament & state legislatures to weed out their corrupt colleagues ,

lobbyists, to uphold the dignity of the house & to install democracy

in it's true form.

V.V.I.Ps in Government Of India backstabbing indian soldiers

- An appeal to supreme commander of indian armed forces H.E.PRESIDENT

OF INDIA & request for information as per RTI Act

Our indian armed forces is one of the best professional forces in the

world. They are guarding our borders on 365*24*7 basis , enabling we

the common indian people to live in peace. Where as , the soldiers

themselves are facing lot of hardships ,they are far removed from

their homely comforts and working in very adverse , hostile environs.

The indian soldiers are sacrificing their comforts , lives for

guarding the lives of us –crores of indians. However , now it seems

the threat to the lives of brave indian soldiers are not from the

pakistani or chinese bullets , it is from their own indian brother's.

In the recent past , a joint director of RAW – an intelligence agency

defected to USA , there were repeated thefts at defense HQ , war room

leak at naval HQ, the senior most naval officers were kicked out of

office for speaking out about illegal defense deals by higher-ups.

Recently, former union minister mr.jaswant singh has stated that , a

very highly placed person in the PMO was passing nuclear secrets to

USA. Just a few years back , former union minister mr. Subramaniam

swamy has stated that former prime minister rajiv gandhi's family has

received money from foreign intelligence agencies. A former KGB

officer mitrokhin , in his autobiography has stated that smt.indira

gandhi , former prime minister of india herself was a KGB agent.

VVIPs occupying constitutional positions are privy to defense ,

national & economic secrets. They are in a sound position to decide

over it , to manipulate it. Some VVIPs , film stars were hobnobbing

openly with terrorist leaders , underworld dons & attending dawood

ibrahim's parties , etc in gulf countries. Some VVIPs have even aided

terrorist outfits in other sovereign countries like LTTE in srilanka.

VVIPs strikes deals with arms dealers & awards them defense contracts.

As a result indian forces are flush with technologically obsolete

aeroplanes , war ships , artillery , etc bought by paying crores of

dollars.

If any defense personnel questions these actions , he is

court-martialled & put behind bars. If any ordinary citizens questions

them , he is silenced through the brute force of police. Even election

commission of india , didn't give information about criminal

antecedents of certain VVIP candidates tom an indian citizen on

request. The courts have suo motto powers to take action on news

reports , but they have not taken any even on appeal. The police don't

take action against such VVIPs & are not even registering complaints

against them. Most public servants are only bothered about their

position , favours , post-retirement postings , etc. In their scope of

things , national security is nowhere on their mind or actions.

On the public side , the same VVIPs condemn terrorism & other foreign

countries. They deploy indian soldiers on the borders , terrorist

infected areas , to contain the mafia . they send our soldiers with

3rd class arms & ammunition , riding 3rd class aeroplanes , ships &

artillery to contain violence , as a result our soldiers get killed

like flees , like sitting ducks to be shot at, by enemies who are

armed with latest weapons. As a result more number of soldiers are

dying in plane crashes , terrorist bullets than to pakistani or

chinese bullets.

Hereby , HRW appeals to your excellency to protect our brave soldiers

, by making public the following information & providing that

information to HRW as per RTI Act on the following questions :

1. how GOI is monitoring VVIPs of foreign origin , those with spouses

of foreign origin & those with ties , links to foreign nationals ?

2. how GOI is monitoring the activities of VVIPs , while on foreign tour ?

3. how GOI is monitoring activities of ex-VVIPs ?

4. how transparent are defense contract / tender procedures ?

5. how you protect whistle blowers / defense personnel who expose

illegal defense deals ?

6. why don't the Election Commission of India fully make public the

criminal antecedents of VVIP candidates ?

7. is former union minister mr.jaswanth singh's words true ? what

action ?

8. is former union minister mr.subramaniam swamy's words true ? what

action ?

9. did GOI aid & sponsor LTTE terrorists in srilanka ?

10. did GOI pay any compensation to victim's of LTTE's terrorism ?

11. are the charges made by former admiral mr.bhagawath & rear-admiral

mr. Arun true ? what action ?

12. how many MPs , MLAs , VVIPs have links with underworld , mafia &

terrorist outfits ?

13. how many film stars , sportsmen , politicians have attended the

parties hosted by dawood ibrahim & others in gulf & else where ? what

action ?

14. are the statements made by former KGB officer mr.mitrokhin true ?

what action ?

15. how you are ensuring the safety of whistleblowers ?

god save my country , our brave soldiers from traitors in the garb of

VVIPs.

AN APPEAL TO HONOURABLE PRIME MINISTER OF INDIA

Dear Sir,

INDIA: An ailing man died in the custody of Border Security Force( BSF) due to lack of medical help

Name of victim: Ranjit Kumar Biswas Nawapara village, Haskhali police station, Nadia district, West Bengal, India
Alleged perpetrators: The officers of Border Security Force attached with Farazipara Border Out Post (B.O.P.) of 90 Battalion, Jalangi police station, Murshidabad district, West Bengal, India
Date of incident: On 1st and 2nd May 2007

I am writing to express my serious concern regarding the custodial death of Mr. Ranjit Kumar Biswas, who was a 70 year-old ailing man. It is alleged that Mr Ranjit was arrested with his son and his wife while he was being taken to hospital, and that despite repeated requests by his son and wife, officers of the Border Security Forces (BSF) did nothing to provide medical assistant to Mr. Ranjit; as a result of this, Mr. Ranjit died in police custody.

According to the information I have received, on May 1, Mr. Ranjit, who had been suffering from some serious ailments, was being taken to the hospital by his sons accompanied by his wife Mrs. Tripti Rani Biswas for medical treatment, when he was arrested by the B S F officers attached with the Farazipara Border Out Post (B.O.P.) of 90 Battalion, Jalangi, Murshidabad, India along with his relatives. They were taken to the Farazipara Border Out Post.

I am informed that the family members of Mr. Ranjit told the BSF officials about his critical health condition and requested them to provide immediate medical assistance to Mr. Ranjit but BSF officers did nothing. All of them had been put in the said BOP under custody of BSF.

I am informed that Mr. Nakul Mahato, the Block Development Officer of Jalangi conducted the inquest at the Sadhi Khan Dear Block Primary Medical Center and sent the body to Baharampur General Hospital for post mortem which was carried out by Dr. Swapan Mondal.

I am also informed that that the Jalangi Police Station has registered a case against Mrs. Triptii Rani Biswas, Biswajit Biswas, Purnendu Biswas and the deceased Mr. Ranjit Biswash under section 14 of Foreigners Act.

I am informed that authorities have also violated the section 176 of Criminal Procedure Code which states that when any person dies in the custody, the concerned judicial magistrate is empowered to hold an enquiry into the cause of death. Until now, no such inquiry has been initiated in this respect.

In light of the above, I strongly urge that you immediately intervene in this matter of custodial death. I ask you to appoint an independent investigating authority to enquire into the whole incident which has caused the death of a man who was in custody.

I also demand that you inquire into the negligence committed by the BSF officers. If it is proven that the jail authorities have committed negligence and the Executive Magistrate has violated the procedure of law, legal action must be taken against the officers allegedly responsible. I also demand that you give adequate compensation to the victim's family.

I look forward to hearing about your urgent intervention into this case.

Your’s sincerely,

NAGARAJ.M.R.

AMNESTY INTERNATIONAL - Public Statement

AI Index: ASA 20/010/2007 (Public) News Service No: 083 26 April 2007


India: Police shootings and forced evictions target adivasi indigenous communities in Madhya Pradesh

Amnesty International today expressed concern over a continuing threat of forced evictions involving the excessive use of force by police in an intensifying pattern of land disputes involving adivasis indigenous communities.

Tension remains high in Ghateha village in Rewa District, Madhya Pradesh (central India) after violence erupted on 19 April 2007 as members of the adivasi community sought to protest against their forcible eviction by police and local officials. The confrontation and police firing occurred despite a reported pledge by the local authorities that the land dispute between local adivasi and the State Forest Department would be resolved soon.

According to local human rights organizations, on the morning of 19 April more than 50 police vehicles and bulldozers under the direction of state police and Forest Department officials arrived at Ghateha village to evict them in the absence of any order from a court. Local villagers gathered to resist the eviction and, during a subsequent five hour-long confrontation, police fired in the air to disperse the demonstrators who pelted stones at them. Later, the police fired teargas shells and live bullets injuring six persons, including a woman. Police also reportedly severely assaulted a number of adivasis including women, who were protesting the police action. Police said six police officials were injured in the pelting of stones.

At least 3,000 inhabitants fled the village in fear as police used bulldozers to demolish thatched huts and temporary structures, burnt them down and reportedly looted property. Police are also reported to have filed charges of unlawful assembly against 29 persons.

Amnesty International believes that these actions amount to forced evictions, which have been recognized as a gross violation of human rights. Forced evictions are evictions without adequate notice, consultation with those affected, without legal safeguards, and without assurances of adequate alternative accommodation. As a state party to the International Covenant on Economic, Social and Cultural Rights, India is under an obligation to desist from undertaking forced evictions and to protect the population from the threat of forced evictions.

With tensions continuing armed police officials are reported to be patrolling the district, preventing any movement to and from Ghateha village. The injured persons, numbering around 20, are still awaiting medical treatment and a large number of adivasis have not returned to the village fearing police assault and harassment.

The adivasis have been cultivating the land in question, amounting to 375 hectares and upon which their livelihood now depends, for at least four years. In December 2006, the Indian parliament passed landmark legislation recognizing the land rights of adivasi communities across India, following which, in March 2007, the adivasis lay claim to the land in Ghateha by erecting thatched huts.

While the adivasis claimed that, since 1974, the land had been categorized as non-forest land and they could therefore legally cultivate it, the State Forest Department claimed that the adivasis' action amounted to encroachment on forest land. On 5 April 2007, the state forest department framed charges of encroaching on forest land against 17 adivasi activists, nine of whom were arrested and sent to jail in Rewa town.

The police action on 19 April took place despite an assurance, on the previous day, from the Rewa district collector to the adivasis that efforts would be taken to speedily resolve the land dispute, and that they would be provided with alternate land if the Forest Departments assertion was found to be valid.

Amnesty International urges the Government of Madhya Pradesh to:

  • immediately cease all forced evictions;
  • immediately ensure that all victims of forced eviction receive emergency relief including shelter, food, water and access to medical assistance;
  • order a prompt, impartial and independent inquiry into the police action in Ghateha village on 19 April and promptly make the findings public.
  • The inquiry should cover the role of police and other forces in assisting evictions and the manner in which authorization was given for police units to participate in evictions which did not conform to the law;
  • ensure that all state officials, including Forest Department and police personnel, who are suspected of perpetrating human rights violations are prosecuted;
  • ensure that, while law and order should be maintained, those who are engaged in peaceful exercise of their rights to freedom of assembly and speech are able to do so without fear of violence, harassment or false accusation of involvement in criminal activities.
  • set up a commission of inquiry to investigate the way in which evictions in Ghatela were carried out and to make recommendations for effective remedies to victims of forced eviction. The terms of reference should require the commission to investigate
    • the way in which evictions were carried out and whether they followed the requirements of national law and international human rights law and standards;
    • the basis for the decisions to carry out evictions and whether alternatives to eviction were considered;
    • the way in which the affected communities were informed of the decision;
    • the consultation process prior to evictions;
    • the registration of land under eviction;
    • the composition of eviction teams and
    • provision of alternative adequate housing to the adivasi victims of forced eviction who remain without shelter.
  • take prompt action to provide adequate alternate housing to the victims;
  • place a moratorium on mass evictions of adivasis till such time as a comprehensive human rights-based policy and a legal framework providing effective remedies have been adopted;
  • instruct to all relevant authorities that any other evictions may only be carried out on the basis of a court order after adequate consultation with those who may be affected and after prior arrangements have been made regarding adequate resettlement and compensation;
  • widely publicize this moratorium and the instructions on radio and television and in print media and place posters in offices of local authorities.


Background
In December 2006, the Indian parliament passed the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, which recognizes and records the rights of traditional forest-dwelling communities including adivasis to security of tenure and access to minor forest produce, and renders them as key stakeholders in the preservation of natural spaces.

A large number of adivasis in Ghatela are supporters of the Birsa Munda Bhoo Adhikar Manch (Birsa Munda Land Rights Forum), which affiliated to the National Forum of Forest People and Forest Workers (NFFPFW) which led the campaign for the enactment of the above legislation.

_____________________________________________________________
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
_____________________________________________________________

Sunday, May 6, 2007

Business of Encounter killings , lock-up deaths

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

________________________________________________________________________
Editor : Nagaraj.M.R....................vol.3…issue.08.....................05/05/2007
________________________________________________________________________

Editorial : FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA

Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest. JAI HIND. VANDE MATARAM.

Your’s sincerely,

NAGARAJ.M.R.

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
encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

The Business Of Encounter Killing By Sorit Gupto

Encounter killing is again a hot topic nowadays but with a little difference. This time it is for the suspension of a sub inspector from Mumbai, Daya nayak, who is better known as a Encounter specialist.

Encounters or extra judicial killings are not a new phenomena for Indian state, though it has changed its position or acceptability in the public psyche for past few years. Thanks goes largely to the Mumbai film industry for making several films 'inspired' by the real life of an encounter specialist. After the box office success of such films, one can say that the act of extra judicial killing , which otherwise is a gross violation of the Justice system, the very aspect of our Constitution( by denying the fundamental right to live), the civil liberties and the human rights, now got legitimacy in the Indian society.

The 'Rise and Fall' of this Sub inspector is nothing but story of complete violation of the very rule of law , which the police department is supposed to enforce.

We are catered with the biographical sketch of this encounter specialist by different news channels , about how from a humble beginning as a boy in a tea stall he becomes the heroic face of the state police department . According to an unconfirmed 'estimate' he has gunned down some 80-90 persons till date.

However the most strange thing about the whole saga is the fact that, every one is bothering about his crime of earning the huge amount of wealth , disproportionate to his known source of income, but no one is giving a damn to his murderous record which is much more disturbing vis-a-vis to his known source of power to do so. Now it is not just a known fact but established fact also that what ever he did in his tenure ,he had actually killed people without having any right ,like many other famous or yet to famous 'Encounter Specialists' are doing .Now, they keep on doing because they are doing the same under the full protection and patronage of the state. It is a chilling fact for any civilized society but as far as we are concern , we simply habituated and grasped it.

Be it Ansal Plaza Shoot out in New Delhi , Or Killing of four person in the outskirts of Ahmedabd , more or less after every encounter, the story or the logic provided by the state to the people, is too innocent to compared only with the Aesop's fables , that there was a bad man who fired at the police, and police in retaliation fired back to him and he died on the spot. Simple. Very simple. And for the sake of the rule of law please do not make complications by raising disturbing quarries as how not even a single police person hurt by the firing of the bad man? Why police did not tried to catch the person alive ? and so on…

However after 9-11, we the people are provided with some upgraded set of logic's. One can name it Gen X logic's. These are logic's with veiled threat. Now it is not just a mere fable but with a strong massage encrypted in it ,' either you are with us or you are part of enemy' and that is why if you try to raise all these disturbing question you could be branded as the enemy. Better you believe what the state says.

Now coming again to the very police sub inspector. It is said that he has earned enormous amount of wealth by manipulating his duty of executing extra judicial killings , in other words ,a long list of fake encounters, by favoring one group of criminal against the other. His departmental bosses are very much concern about his alleged misuse of power. The Irony is, being an encounter specialist itself is the product of gross indiscipline and utter misuse of the power provided by the state to the police department .

So, what new thing they are going to get through "the trial"?

If it is proved that this encounter specialist really has earned this huge wealth by manipulating his ability of encounters, by favoring ( read killing) individual of one particular gang of mafia against the other, which is a truth yet to discover, what charges are going to frame against this fellow?

Dealing with this particular case one should have to keep in the mind that , this fellow has acquired this huge amount of sum by simply cold blooded murdering a number of people. Just like any other member of the organized crime he had taken 'supari'.

This case is a typical in the nature as corruption is just one part of it and the other part is made up of homicide. Part of the media is shrewdly downplaying the later half by overplaying the first half and that is the most dangerous aspect of this particular case.

Though there are number of punishments prescribed in IPC for killing a fellow human being starting to rigorous imprisonment for years to death penalty, but our encounter specialist do not have to be worry about all that , rather he knows it very well that he will face some petty charges of corruption to maximum.

A simple sub inspector can not become an encounter specialist over night if there is no political patronage behind him. As far as patronage is concern we have this news published in The Hindu on 23 Nov '03, which says that, The then Home Minister of Karnataka, M. Mallikarjun Kharge, ruled out a probe into the encounter killing of two alleged women naxalites in a village near Karkala in Udupi district . In a press conference Mr. Kharge said, "We cannot disbelieve the version of police officials who witnessed the encounter. We have to believe somebody.''

And last but not least ,If a mere police sub inspector can doctor or manipulate this phenomena of 'Encounter', It would be a chilling realization for anyone that magnitude wise how much scope of manipulation is there for the state to eliminate their political rivals through this 'simple' mechanism of extra judicial killings.

Today, Daya nayak has been arrested after a prolonged drama of "to arrest and not to arrest'.

This is the high time to examine the very phenomena of encounter thoroughly.

JUDICIAL PROPRIETY AND TEHELKA By: Rajeev Dhavan


India needs a policy of embargoing post-retirement jobs for judges whilst increasing their retiring age.

THE JUDICIARY is in the news in ways that do not do it credit. Beginning with the `defeated'

Justice V. Ramaswamy impeachment in the early 1990s, the last decade portrays scandals. These include the Bombay Pay-off Scandal of 1990, the controversy over the Bombay High Court Chief Justice Bhattacharjee receiving large "foreign" royalties in 1995, controversies, however founded or unfounded, over Justices Punchi and Anand - both Chief Justices of India - and Justice Bharucha's declaration that 20 per cent of judges are corrupt. The year 2002 has been a bad year. In Punjab, High Court judges are accused of having received favours from the Chairman of the Public Service Commission. In Rajasthan, the allegations countenance a High Court judge and his Deputy Registrar soliciting sexual favours. In Karnataka, allegations canvass compromising sexual conduct involving High Court judges. In Patna, there are serious allegations of corrupting the legal process by lawyers and the registry. Public confidence is shaken.

Judges reign and rule - with little external effective oversight over their conduct. Judicial independence cannot encompass judicial lawlessness, rampant corruption or conduct unbecoming. Justice Ramaswamy's impeachment suffered defeat in Parliament. The Supreme Court's Committee opined he could not be denied work. In
Bombay, resignations took place. Using the `transfer' policy - now abandoned - does not satisfactorily deal with serious allegations against judges. Corruption is transferred, not dealt with. In the mid-1990s, the Supreme Court felt that the Chief Justice of India (CJI) could use his prestige to persuade judges to resign or not attend court, But, such an approach eludes results if the delinquent tells the CJI to mind his own business.

Witness the cases of Hastings and Clairbourne in
America where judges refused to demit office until impeachment - in one case, even though the judge was imprisoned! Informal methods have failed; and do not command confidence in India.

An intermediate method has to be created so that judges are answerable and can be disciplined without compromising their independence. But, it is not just a question of disciplining judges; but, also of dealing with complaints against them in a swift and effective way. Such mechanisms exist for the lower judiciary, but not for High Court and Supreme Court judges. From the supercession controversy of 1973 when three judges were superceded for the post of CJI, there have been calls for a National Judicial Commission both to (a) make judicial appointments (which after the 1982, 1993 and 1998 judgments are - and, that too, not quite satisfactorily - in the hands of a conclave of Supreme Court judges) and (b) deal with complaints, corruption and misconduct. But, ongoing suggestions for a National Commission have fallen on fallow ground. Having wrested the patronage of appointment, the judges have dragged their feet on issues of judicial discipline except to produce unenforceable codes of conduct. What are required are constitutional and statutory amendments.

Recent history shows that where there is a will, constitutional amendments are possible. But, there is a lack of political and judicial will to introduce changes. Today, judges collectively and in judicial orders make all kinds of suggestions on their pay, salary, perks and other things. But no consensus suggestion to interrogate judicial indiscipline emerges with credible clarity. Individually
India's Chief Justices provide evasive and contradictory answers.

In the midst of all this comes the controversy over the commendable resignation of Justice Venkataswami who was the sole Commissioner of the Tehelka Commission. Three issues arise. The first is: what went wrong? Something did. Sometimes judges do hold two post-retirement posts - without conflict or demur. But, the Tehelka Commission was not just an inquiry but an inquisition in which the Government had a massive political stake. The proposal to give another assignment to Mr. Venkataswami whilst he investigated Tehelka and its discontents should never have been made. The next slip up was Chief Justice Bharucha's recommendation behind which the Government seeks refuge. No less, the offer of appointment should have been declined. This is not a case of conspiracy, corruption or misconduct. Mr. Venkataswami integrity is beyond dispute.

The famous Pinochet case (1991) was re-heard because Lord Hoffman had broad links with a charity which, though not before the 'Lords', had a stake in the cause. In the Curative Petition case (2002), the Indian Supreme Court drew sustenance from the `Pinochet' example on the premise that justice must not only be done but always appear to be done. This sets the tone. Mr. Venkataswami has led by example. Purity is as important as cleanliness. At least one present judge of the Supreme Court declined an above board invitation to a seminar from an American university on the basis that it was unacceptable that anyone other than the Government of
India should pay for such trips. This sets a standard.

The second issue that arises out of Tehelka is whether Mr. Venkataswami can simply be replaced by another judge. There is a stateable case that he cannot. Section 8A of the Commission of Inquiry Act, 1952, was amended in 1971 to permit a Commission to continue if a vacancy arose in a multi-member Commission. The assumption of continuity would survive because a member or members would continue. But, section 8A is inapplicable for a single-member Commission or where an entire Commission ceases to exist. It becomes non-existent (non est) and ceases to function (functus officio). Continuity is broken. Replacing Commissions afresh contrives its own politics. There is an even chance that any replacement appointment would be challenged to the discomfiture of any new appointee. This does not mean that the records of the Commission are not available for public use. So far, the only real public interest part of the Commission's work was over the military deals - which was heard in camera. These can be examined by a Joint Parliamentary Committee as raw evidence to interrogate lapses. The other aspect of the Commission's inquiry investigates Tehelka's journalistic conduct and wild, unfounded allegations that Tehelka tried to destabilise the stock exchange and personally benefit Tehelka's people and financiers. A lot of this is humbug. The `journalistic' ethics issue does not need a Commission's wisdom, but along with the accountability of the electronic media should be generally examined by public discourse. There are enough legal provisions to deal with `destabilising' frauds; but, the Government knows that they do not have a credible leg to stand on. On this basis, the Tehelka Commission needs to be wound up; but the `defence deals' examined by Parliament.

The third issue relates to the desirability of post-retirement appointments for judges. There is a dilemma here. Although Inquiry Commission reports generally gather dust, there is a public faith that only judges should head such inquiries - indeed, that is what made the T.T. Krishnamachari and Kairon inquiries of the 1950s credible. The answer lies in less inquiries and carefully chosen incumbents. Today, an inquiry is a general panacea to avoid any public allegation. The Commission process has been devalued. Several statutes - such as the Human Rights and others - necessitate judicial appointments. Such jobs cannot be multiplied as inducements.

India needs a policy on embargoing post-retirement jobs for judges whilst increasing their retiring age. The Public Commission procedure came to the fore in 1921 after the Marconi scandal around 1918 because Parliament could not be wholly trusted. Parliament needs to be more rigorous and credible - even though the nation was let down by the Bofors Joint Committee which wrongly absolved the, then, Prime Minister and others in 1987.The Indian judiciary has to confront its public image. India's judges
are massively powerful. They both compensate bad governance as well as fulfil the judicial quest for power. Judges may err in their judgments. But, if confidence in the Judiciary abates, Indian governance is in peril.

Are our Indian Judges Dictators? No.. - BY JOY KAIDARATH

Do we have Dictators in India?
For this question we will have to find out what are the qualifications of a Dictator.

Dictator is a person who makes laws. Dictator is a person who interprets laws. Dictator is a person who executes laws. A person behaves in an tyrannical manner. A ruler who is unconstrained by law

If this is true who makes laws in India? We say it is the Legislature. But Legislator is an elected body and people at least have a vague hope that one day we can change a Legislative body if that body is corrupt one. People can Criticize Legislative actions if they are wrong. They can go to Courts if they violate any rights. Opposition is there to check the uncontrolled behavior of a Ruling party. So Actually Legislature is checked by Courts and opposition and they can be thrown out if they are wrong. (Whatever may be the thing our polititians and Babus are afraid of courts. poor people are not even able to make good laws without fearing the court)

Executive: Again executive body is also under check. You can criticize them openly. (You can even criticize Indian President) They get all the criticism. There are many ways to check their power if one wants to.

Judiciary they are people who are not elected. They make hundreds of laws (in the name of precedents). They interpret laws as they like or as per the rules of interpretation (May be some of the time no rules of interpretation is followed, that must be mistake - will not anyone think?). Do they Condon delays and denies justice to the worthy person without even asking explanation from the guilty , i do not think so.

Even in the cases where the legislature has given remedy to the people to have speedy remedy do they delays the matters forever? I do not think so. Does any one has a different openion? There is no real move from the part of the judiciary to fasten up the matters. Can we actually say this? They say the Government does not take steps to speed up the matters, and the governments say that they are not guilty. Do you think that this blame game is going on? Ultimately what happens, in India you can do any thing if you have money and know how to manage? That must be a wrong statement. (Even if this may not be the case this is want I may tend to think from the affairs I am seeing in the court.)

Recently I was sitting in a Court Room of
Bombay High Court. Matters of 1980 and 1983 are being examined now. These matters are suppose to be under the title of Commercial Causes. In one Case a government body (or Bank) has to get back 37 lacks. Please consider the fact that the matter is that of 1980ees. In 1980ees the amount 37 is equal to more or less our 37 crores in the present time. Now the preciding judge was asking the plaintiff (Government Body or Bank), how they are going to get back the money. And the person appearing of the Government body or bank was playfully saying that it would be impossible to execute the decree even if they get a favorable judgment, because according to him they do not know where many of the defendants are. Then Judge asked why they are not withdrawing the matter. Then person appearing was saying that since it is Govenrnment matter it cannot be withrawned. So an Advocate is arguing a matter where he gets his fees, and ultimately Govenement or (Government Body would lose). (Is that violation of Chapter XV, Commercial Causes, Rules 228 to 236 OF THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES? It must not be. There must be some other provisions which the Judges and Court officers know. Because Our courts would not do any thing illegal. They are guardians of Justice. If I doubt and say something against it, it would be contempt of court. So I say that the courts are not violating anything)

Now who lost the money? Government – that is the public lost the money. Who cares? No one cares. The persons who got money are wise people, because they do not have to pay it back
. Why? because of the long duration. Now they cannot even punish the Bank or Government officers, because most of them might be dead or by the time all appeal and all are over all will be dead.

Nobody cares, Even now this is happening. Long delays you make, you can escape with everything. Even if this may not be the case this is want I may tend to think from the affairs I am seeing in the court

Just think According to the preset way of running of the court and from the information I gathered, commercial causes are being dealt with by a judge twice a week. Even if a judge decide on 25 matters per week at least 1000 cases (I am calculating 25 X 40 weeks) would be over. If even this cannot be done, then why do we need a judiciary, just for incurring expenditure? (Are our judges so incapable of producing the results? I do not think so) If this could be done, then how this back log has come? Then what is the difference between commercial causes cases and other cases?

No body can criticize the judges (Because it would be contempt of Court). Even if a judge make a judgment violating all kinds of interpretation rules it is very difficult to complain against that judge. CBI will not take case, no executive can take case against them, Even if you complain to Chief Justice (Even Cheif Justice of India) they would not take any action. Even many judges have pointed out that there are corrupted judges among them (Cannot prove becasue none say these things on record). This is not only in the Lower courts, but also even in the Higher courts. From High court judges How many have ever been caught because of the corruption? Not many any way. Personally I cannot remember any High court judges name who was caught in Corruption. Is that because there is no corruption in the judiciary? May be because of that. But for me it is very hard to believe. May be I have paranoia . If I am not Paranoid, then I think we Indians are ruled by Dictators, I must be wrong. Becuase otherwise there are ways to find out all these things. At leaset that is everybody is saying.

When British went from here they gave us Laws and a court system. (May not be efficient once as Indians are capable of making). Even after 55 + years of Independence we are still cricising the inefficiency of their laws and their systems. We are not capable of making a good system. And when we criticise we do not have any shame.

Now Are we ruled by Dictators? Are our judges dictators according to the defenitions given above - not in theory but in practice? I think I am not able to decide. I do not know the answer. I do not think that they are dictoctors. I think our judges are good judges, without having any kind of corruption, otherwise they would have find it out.

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