Saturday, June 23, 2007

HUMAN RIGHTS VIOLATIONS

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


Editor: Nagaraj.M.R....vol.3…issue.15......23/06/2007

Editorial : human rights violations

Herby , HRW urges for urgent interventions from the authorities , to put an end to following cases of human rights violations . jai hind . vande mataram .

Your’s sincerely,

Nagaraj.m.r.

AN APPEAL TO HONOURABLE CHIEF JUSTICE OF CALCUTTA HIGH COURT WEST BENGAL INDIA

Dear Sir ,

INDIA: Human rights activist arrested for writing down judge’s name

Name and address of the victim:
Mr. Mr. Gopen Chandra Sharma s/o Late Gopal Chandra Sharma, Dayarampur village, Murshidabad district,
West Bengal state
Alleged perpetrator:
The 2nd Fast Track Judge, Baharampur, Murshidabad district,
West Bengal

I am writing to you to express my concern about the conduct of the 2nd Fast Track Judge, Baharampur, Murshidabad district, West Bengal. I am informed that the presiding officer of this court had ordered the arrest of Mr. Gopen Sharma, a human rights activist for writing down the name of the presiding officer.

I am informed that Gopen was asked by the judge why he took down his name for which Gopen answered and that the judge not being pleased with his reply ordered Gopen’s arrest. Gopen was detained at the Beharampore Police Station from where he was released after furnishing a personal security bond. I am informed that Gopen’s arrest and short detention is in violation of all procedural mandates required to be followed by law.

I am informed that Gopen was not informed the reason why he was arrested, the crime for which is detained and the place where he will be detained. I am also informed that Gopen was also not provided with an arrest memo.

I wish to express my concern regarding the fact that in this case the court itself was responsible for an innocent person’s arrest. I am also concerned to know that the court being a place which people look up to seeking redress for their grievances, has acted in a manner as if to silence human rights activists. Such an action by the court exposes the judicial officer’s willful ignorance of procedural mandates and the officer’s lack of respect for his own office.

I therefore request you to take immediate actions so that the concerned officer, the 2nd Fast Track Judge, Baharampur, Murshidabad district is asked to explain why he ordered the arrest of Mr. Gopen Sharma. I also request your office to record the statement of Mr. Gopen Sharma in the process and to take appropriate action against the presiding officer, if the officer is found guilty of breach of law and procedure.

I also request you to make necessary arrangements so that Gopen Sharma receives compensation for his illegal arrest and detention and that the case registered against him is quashed.

Sincerely your’s,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER , ANDHRA PRADESH , INDIA

Dear Sir ,

INDIA: Abduction and disappearance of two students in Andhra Pradesh

Name and address of the victims:
1. Mr. Vadae Manohar, son of Thimmanna, resident of Kalvala village, Narya Mandla, Mahabubnagar district, Andhra Pradesh
2. Mr. Bandaaru Mallesh, son of Ms. Anantamma, Maktal Mandal, Mahabubnagar district, Andhra Pradesh
[both are students of the Osmania University]
Alleged perpetrators:
1. Police officers stationed at Muktal Police Station, Andhra Pradesh during March 2006

I am writing to you to express my concern about the case of abduction and disappearance of two students of the Osmania University from Mahabubnagar. I am informed that the students, Mr. Vadae Manohar and Mr. Bandaaru Mallesh were surrendered by their parents at the Muktal Police Station by their parents in connection with the investigation into the murder case of Mr. Narsi Reddy.

It is alleged that the students were detained illegally in custody for the next eight days and that their parents had to file a writ petition for the police to produce the students in court. The court though refused bail to the students kept them in custody for about four months. Finally when the court decided to release them the Muktal police threatened their parents that if their children were released on bail they would murder them.

I am informed that the parents did release Manohar and Mallesh from custody through the Narayana Pet court on 5 March 2006. I am also informed that on their way home from the court Manohar and Mallesh along with their parents were stopped at Mahabubnagar by some unidentified armed men and were blindfolded and taken to near a forest. It is alleged that the parents were only set free while the whereabouts of Manohar and Mallesh is not known since then.

I am concerned to know that the parents were threatened by the police the night before their children were released and that their children on their way from the court were kidnapped as threatened by the local police. I am also informed that the parents suspect the Muktal police for the disappearance of their children. I am also informed that the parents had approached the High Court and that the court has asked the local police to report to the court every month the progress of the investigation into the case. I am also informed that the parents are not satisfied with the investigation into the case.

I therefore urge you to intervene into this case so that the conduct of the Muktal police is thoroughly investigated and the whereabouts of the missing children are reported to the court at the earliest.

Sincerely your’s,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER WEST BENGAL INDIA

Dear sir ,

INDIA: Harassment and assault of a couple by the local police in West Bengal

Name and address of the victims:
1. Mr. Manoj Shaw, son of late Harihar Shaw
2. Ms. Arpita Shaw, wife of Mr. Manoj Shaw
[both are residing at 2/4,
Khagendra Chatterjee Road, Cossipore post, under the jurisdiction of Chitpore police station, Kolkata 700002]
Alleged perpetrators:
1. Mr. G. Mukharjee, Sub Inspector of Police
2. Mr. N. C. Roy, the Officer in Charge
3. The driver of Chitpore Police Station van
[all stationed at Chitpore Police Station, Kolkata]
4. Mr. Dilip Prasad
5. Mr. Jitendra Prasad
6. Mr. Dilip Sukia
7. Mr. Arjun
8. Mr. Mohammad Ejaj
[the persons who abused and assaulted Manoj on
31 May 2007]
9. The Duty Medical Officer serving at the
R. G. Kar Medical College & Hospital, Kolkata on 31 May 2007

I am writing to you to express my concern about the case of assault and abuse of a couple by the local police stationed at Chitpore Police Station, Kolkata on 31 May 2007. I am informed that the first victim, Mr. Manoj, intervened when his mother Ms. Josodha was abused by some persons named 4 to 8 above. I am informed that these persons attacked Manoj and assaulted him against which Manoj went to the Chitpore Police Station on 31 May 2007 to lodge a complaint with his mother.

I am concerned to note that the police officers present at the station refused to register the complaint but assaulted and insulted Manoj and put him in the police lockup. I am also informed that Manoj’s wife, Arpita, who came to the police station, was also insulted and assaulted by the police officers. I am also informed that the duty medical officer at the R. G. Kar Medical College & Hospital who was consulted by Arpita to treat her injuries refused to record the real reason for the assault and the injuries. I am also informed that the police have now charged Manoj with a false case in which Manoj first bailed out from the police station and later from the Sealdah Criminal Court.

I am informed that the senior police officers had already intervened in this case, but it is suspected that the investigation of the case, particularly the complaint of the victims, is not carried out impartially. I am concerned to know that the police officers are now trying to get rid of the case in a manner that will not harm the officers who assaulted and abused the husband and wife. I am also concerned to know that the persons who abused and assaulted Manoj and his mother against which Manoj went to the police station to lodge a complaint are not yet arrested by the police.

I suspect that the police are paying foul in this case by being bribed by the person who is engaged in illegal construction near Manoj’s house. I am also worried about the attitude of the medical officers who refuse to record properly the cause of injury in medical certificates.

I therefore urge you to take immediate action in this case. I urge you to order an independent inquiry into the case so that the entire incident is investigated into by an independent police officer. I request you to make sure that the police officers stationed at Chitpore Police Station, particularly the Sub Inspector of Police Mr. G. Mukharjee, is immediately suspended from service, pending the investigation of this case.


Sincerely your’s,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER ANDHRA PRADESH INDIA

Dear sir ,

INDIA: Mysterious death of a person not investigated at all by the by the Andhra Pradesh state police

Name and address of the victim: Mr. Palli Subrahmaniam, aged about 30 years, son of Mr. Sahib, Gogivaripeta, Kothepet Mandal, East Godawari District, Andhra Pradesh
Alleged perpetrators:
1. Mr. Vanapalli Rama
Krishna
2. Mr. Narayanamurthy
3. Mr. Sathi Suryanarayana Reddi
[All are accused in crime 19/2007 registered by the Ravulapalem Police Station]

I am writing to you to express my concern about the lack of proper investigation in crime 19/2007 of Ravulapalem Police Station registered in connection with the death of the victim named above. I am informed that the case which first got registered as one of unnatural death, after the completion of the postmortem examination and due to pressure for investigation by the local people was converted into that of murder of a Scheduled Caste person.

I am informed that the reason why the local police is refusing to investigate the case is because of the influence of Circle Inspector of Police Mr. Vanapalli Subrahmaniam the son of one of the accused in the case, Mr. Vanapalli Ramakrishna. It is alleged that this officer is now stationed in West Godawari district.

I am informed that the local people as well as the family of the victim is not satisfied with the progress of the investigation of the case and that there are enough and more reasons to suspect the accused for being involved with the death of the victim.

I therefore urge you to take immediate action in this case so that the case is investigated outside the influence of corrupt and nepotic police officers and that the accused are brought to justice without any further delay.


Sincerely your’s ,

NAGARAJ.M.R.

An Open Letter to the Chief Justice of Calcutta High Court

Mr. Justice Surinder Singh Nijjar
The Honourable Chief Justice
Calcutta High Court
Kolkata,
West Bengal
INDIA

Tel: + 91 33 224 837 87
Fax: + 91 33 224 291 58

Dear Justice Surinder Singh Nijjar:

INDIA: Conduct of the Registrar of your High Court

The Asian Human Rights Commission (AHRC) is a regional non-governmental organisation based in Hong Kong. I hope you will recall several of our earlier letters addressed to your office requesting urgent actions on cases of human rights violation reported from West Bengal.

On June 13, 2007 the AHRC was informed about the arrest and detention of a human rights activist on the previous day in Baharampur. We were informed that Mr. Gopen SHARMA, a human rights activist working with a local human rights group MASUM, with its office in Howrah, was ordered to be arrested by the presiding officer of the 2nd Fast Track Court, Baharampur. An urgent appeal by the AHRC requesting your urgent attention to the matter has been sent to you by the AHRC’s Urgent Appeals Programme today.

In this connection a staff of the AHRC contacted the High Court Registrar’s office in the number + 91 33 221 393 06. The person who answered the call identified himself as the Registrar of the court. The call was made to obtain the official fax number of the Calcutta High Court to verify to which number the fax concerning Mr. Sharma’s case should be send. The Registrar however refused to give the fax number. When the AHRC’s staff requested for the reason why the fax number could not be provided, the Registrar raised his voice over the telephone and shouted that he cannot give the fax number of the court without the prior permission from your office. The Registrar also refused to reveal his name.

The AHRC’s staff further tried to reason with the Registrar explaining to him the difficulty in understanding why important information concerning the court, which should be available on the public domain, cannot be provided by the Registrar’s office. The Registrar at this point shouted at our staff asking what right a stranger has to talk to him and that he need not be educated about the formalities of the court and the law and hung up the telephone.

The AHRC while appreciating the efforts and initiatives taken by the Indian judiciary to address the public’s concerns however fails to understand the attitude of a senior judge of the lower judiciary, now serving as the Registrar of your High Court in accommodating requests for information.

The official fax number the Calcutta High Court which the Registrar refused to provide is available in the telephone directory printed and circulated by the Bharat Sanchar Nigam Limited.

The AHRC is aware that the Registrar of the High Court has the following duties:

a) To be the custodian of court records
b) To prepare lists of cases – pending and disposed – by the court
c) To accept and forward to the appropriate bench appeals, complaints, writs and other matters addressed to the court
d) To liaise with the lawyers and other litigants who seek the service of the court

In the light of the above duties of the Registrar and in the context of the AHRC’s own experience we wish to express the following concerns:

1. Does the Registrar of your High Court require express permission from your office to provide the fax number of the court to the public?

2. Does the public have a right to know the official fax number of the court?

3. If the official fax number of the Calcutta High Court is also for the ordinary public to communicate to the court why did the Registrar refuse to disclose this number?

4. The AHRC understands that the Registrar of the High Court is a judge from the lower judiciary and his official duty also involves functioning as a communication link between the higher judiciary and the ordinary people. Learning from the AHRC’s experience, from now on, how should any person who wishes to communicate to the Calcutta High Court approach the court?

5. Since there is no information provided at the website of the High Court, if there is a complaint regarding the Registrar or any other judge in your jurisdiction how can such a complaint be send to the Chief Justice of Calcutta High Court for the judge’s information and appropriate action.

Yours sincerel’y,

NAGARAJ.M.R.

The National Human Rights Commission of India is confused about its mandate by AHRC

The statements made by the National Human Rights Commission (NHRC) of India at the 5th United Nations Human Rights Council (UNHRC) sessions appeared as if the NHRC is confused about its own mandate. The NHRC is a human rights monitoring institution constituted by an Act of Parliament, ‘The Protection of Human Rights Act, 1993’. The NHRC need not look elsewhere to identify its role as a national institution in India.

Section 12 of the Protection of Human Rights Act, 1993 empowers the NHRC to enquire into instances of human rights violation in India. The Act also provides the NHRC with legal mandates to investigate and study human rights issues within and outside India. Nowhere in this law is it required that the NHRC to be a blind cheer group for the government. What the law has fallen short of, the NHRC has accomplished through its intervention at the Council sessions.

What else does it mean when the NHRC made interventions at the Council like "...It is a misnomer that the NHRI are only recommendatory bodies ... interim relief to a tune of 100,000,000 Indian rupees has been recommended and also distributed to the victims or next of kin as the case may be ... it has been categorically clarified by [the] Permanent Mission of India [that] technically caste discrimination does not come under racism. NHRC (India) while endorsing the interpretation... "

In the light of the above statements the Asian Legal Resource Centre (ALRC) has doubts regarding the conviction of the NHRC of the role that it need to play in international meetings like those held at the United Nations. The ALRC is certain that the role of institutions like the NHRC is definitely not to make exaggerated claims or support false statements made the Government of India.

The Government of India had spared no possibilities thus far to showcase its domestic mechanisms, including the NHRC, to claim that there are enough venues in India to address concerns of human rights violations. These claims are part of the government’s continuing strategy to avoid embarrassment in international meetings whenever the human rights situation in India is examined or debated. But for the government’s false claims the fact is the access to domestic legal mechanisms in India is limited to a select few with the financial capacity and influence to use these mechanisms. This privileged community in India is less than twenty percent of India’s population. The justice mechanisms within India are notorious for their failure to provide reasonable remedies within acceptable span of time.

It is in this context the interventions made by the NHRC during the UNHRC sessions are relevant. For an observer who is aware about the state of human rights in India, the interventions made by the NHRC are a farce.

Reflecting upon the statements made by the NHRC during the Council sessions, it is true that compensation to victims was awarded by the NHRC. But to claim that the compensation awarded by the NHRC was in fact paid by the government to all the victims is nothing but mendacious. Even the quantum of compensation awarded by the NHRC is questionable. For example in a series of cases recently adjudicated by the NHRC regarding the mass execution of persons in Punjab, the compensation awarded was only 250,000 Indian rupees [5680 USD] per individual. Of similar footing are the other two statements made by the NHRC regarding its recommendatory jurisdiction and caste based discrimination and racism.

The NHRC’s annual reports are indeed placed in the Parliament. The NHRC also often calls for an Action Taken Report (ATR) from the governments. It would be naive however for the NHRC if it is satisfied by the false and thus questionable ATRs submitted by the government. If these reports made by the governments are true there should have been a considerable reduction of cases of human rights violations reported from India after the constitution of the NHRC. Various reports submitted by local, regional and international human rights groups speak however the opposite. Additionally, the reports prepared by experts who hold special procedure mandates of the United Nations like the Rapporteur on adequate housing as a component of the right to an adequate standard of living and the Rapporteur on the right to food also express similar concerns.

If all what the NHRC claims by ‘enforcing compliance’ is placing a report before the parliament and calling for an ATR, it would have been better for the NHRC to limit its statement there and not try to give a false impression that these procedures are taken seriously by the government. Had it been so the NHRC would not have been chocked without appropriate paraphernalia for its day to day function. For example in spite of several requests by the NHRC, the Government of India is yet to provide enough resources for the NHRC’s investigative branch. As of today the NHRC depends upon the respective state police to investigate cases -- the pitiful state of a national institution which is forced to depend upon the parties to a dispute to investigate the facts regarding the same dispute.

By endorsing the Government of India’s view on caste based discrimination as ‘just another form of discrimination’ the NHRC has publicly stated that caste based discrimination disserves no serious consideration in India. This means that the NHRC has failed to appreciate the seriousness of caste based discrimination and the plight of millions of Indians. Caste based discrimination is one of the worst forms of discrimination in human history.

For years, the unsuccessful attempt by the Government of India was to dilute the seriousness in dealing with caste based discrimination. The manifest forms of this condemnable strategy are reflected in the Government of India’s reports to agencies like the United Nations and its Treaty Bodies. One of the results of this malicious intent is the unabated practice of manual scavenging in India. By avoiding to admit that caste based discrimination is a form of racial discrimination, the attempt by the Government of India is to take away its treaty liability under the International Convention on the Elimination of All Forms of Racial Discrimination and thus to continue the practice of caste based discrimination in India.

The statutory mandate of the NHRC under Section 12 (f) of the Protection of Human Rights Act, 1993 is to ‘study treaties and other international instruments on human rights and make recommendations for their effective implementation’. By endorsing the government’s view that caste based discrimination is not racial discrimination, the NHRC has demonstrated that it has failed to understand the development in international law and has failed to fulfil its mandate. By this it appears that the NHRC is wilfully trivializing the development of international law and jurisprudence. This by no means is a positive approach by a national institution, but a big leap backwards crushing the expectations of millions of Dalits inside and outside India.

The role of the NHRC is to be a human rights monitoring agency in India. Being a national institution, the role of the NHRC is important in international forums. The NHRC must be a body that critically analyse the human rights situation in the country. It is only through such a process the NHRC can contribute towards the betterment of human rights in India. It is neither a court, nor a mouthpiece for the government. The NHRC must be an independent, credible and active institution that looks forward to addressing the deeper issues concerning human rights in India.

The effectiveness of the NHRC is to be reflected in the contribution made by the NHRC in improving the human rights situation in India. It is for the civil society and the persons who seek the assistance of the NHRC to say whether the NHRC is meeting its mandate. By reducing itself to a position of a blind supporter for the government, the NHRC has tainted its credibility.

By failing to make use of a forum like the UNHRC, the NHRC has lost an opportunity to pressure the government of India, in meeting the recommendations and demands placed by the NHRC. At least this would have ensured that the NHRC has enough paraphernalia to function as expected. Sadly, instead of this, the NHRC of India as of today has compromised its independency and has proved itself that it is utterly confused about its role as a national institution. The NHRC of India is today a failing model for similar institutions in the region to follow.

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Sunday, June 17, 2007

CRIMES OF SUPREME COURT OF INDIA

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


Editor: Nagaraj.M.R.........vol.3…issue.14................16/06/2007


editorial : Crimes of Supreme Court Of India - RTI Act violations , constitutional rights & Human rights violations by supreme court of india

the public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to committ more crimes. that is exactly what is happenning in india. the educated public must raise to the occassion & peacefully , democratically must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM. JAI HIND. VANDE MATARAM.

Your's sincerely,
NAGARAJ.M.R.


SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA.

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW's appeals to you ,you have not yet replied.it clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy "legal immunity privileges" ,why don't you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don't all of you are not appearing before the police voluntarily for enquiry ?at the least why don't all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.

there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.

2.you are making contempt of the constitution of india.

3.you are making contempt of citizens of india.

4.you are sponsoring & aiding terorrism & organized crime.

5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.

6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.

7.you are obstructing me from performing my fundamental duties as a citizen of india.

you are hereby called upon to SHOW-CAUSE within 30 days , why you cann't be legally prosecuted for the above mentioned crimes . in future , with regard to this case if i am called to police station or court , etc, the loss of my wages & the related expenses must be borne by the government. Meanwhile , if anything untoward happens to me or to my dependents, you will be directly held responsible along with the perpatrators of crime and you are liable to pay rupees twenty lakhs as compensation to the survivors of my family.if none of my dependents survive,donate rupees twenty lakhs to the mother theresa's MISSIONARIES OF CHARITY TRUST,kolkata.india.



CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA - SUPREME COURT OF INDIA IN THE WITNESS BOX



In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don't get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don't get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges in the media. In this backdrop our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest , threat to life of editor & his family members , etc. there was no reply , no action till date.



As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn't speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?



Our publication has highest respect for the judiciary & all constitutional authorities. It is the corrupt officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity & sanctity of the judiciary or else where the common people has to go seeking justice.



Hereby , we do humbly request the honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest. A copy of our application seeking information is provided below.


APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 )



FULL NAME OF THE APPLICANT : NAGARAJ.M.R.



ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,

EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA

PIN – 570017.



DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :



HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.



Q1. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date ?



Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?



Q3. what action has been taken against guilty judges ?



Q4. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?



Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?



Q6. are judges above law ? are not everybody equal before law ?



Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?



Q8. how ? if not why ?



Q9. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?



Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?



Q11. how does the judiciary verifies those statements ?



Q12. is such statements made public , on web ?



Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?



Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?



Q15. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?



Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?



Q17. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?



Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?



Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?



Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?



Q21. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?



Q22. how judiciary is monitoring food & medical care to prisoners ?



Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?



Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?



Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?



Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?



Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?



Q28. what is the criteria adopted for promotion of judges ?



Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?



Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?



Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .



Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?



Q33. are not these measures a failure , looking at present state of affairs of judiciary ?



Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?



Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?



Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?



Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?



Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?



Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?



Q40. why numerous appeals for PIL by me , were not considered ?



Q41. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?



Q42. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?



Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?



Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?



Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?



Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?



Q47. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?



Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?



Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?



Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?



Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?



Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?



Q53. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618



Q54. the appeals made to the honourable supreme court of India , copies of which are available at following web pages :

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

http://groups.yahoo.com/group/naghrw/message/212 ,

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?



Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.



YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.



ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES FIVE PLUS

IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY



PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA ,

HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.



DATE : 27/04/2007 NAGARAJ.M.R.



PLACE : MYSORE (APPLICANT)




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

circulation : FOR FREE DISTRIBUTION ON WEB

donations : NOT ACCEPTED

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

nationality : INDIAN

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

.http://indiapolicelaw.blogspot.com/

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

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

http://groups.google.co.in/group/hrwepaper/


contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

cell : 09341820313


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

date : 16/06/2007 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 ………. 570017INDIA……………………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

Friday, June 8, 2007

cross-examination of CHIEF JUSTICE OF INDIA

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

Spreading the light of humanity &freedom

Editor: Nagaraj.M.R.........vol.3…issue.13................09/06/2007


Editorial : CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA
- SUPREME COURT OF INDIA IN THE WITNESS BOX

In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don’t get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don’t get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges in the media. In this backdrop our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest , threat to life of editor & his family members , etc. there was no reply , no action till date.

As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn’t speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?

Our publication has highest respect for the judiciary & all constitutional authorities. It is the corrupt officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity & sanctity of the judiciary or else where the common people has to go seeking justice.

Hereby , we do humbly request the honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest. A copy of our application seeking information is provided below. JAI HIND. VANDE MATARAM.

Your’s sincerely,
NAGARAJ.M.R.




APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.

ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,
EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA
PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.

Q1. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date ?

Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

Q3. what action has been taken against guilty judges ?

Q4. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?

Q6. are judges above law ? are not everybody equal before law ?

Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

Q8. how ? if not why ?

Q9. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?

Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

Q11. how does the judiciary verifies those statements ?

Q12. is such statements made public , on web ?

Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

Q15. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

Q17. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?

Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

Q21. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

Q22. how judiciary is monitoring food & medical care to prisoners ?

Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

Q28. what is the criteria adopted for promotion of judges ?

Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?

Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?

Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

Q33. are not these measures a failure , looking at present state of affairs of judiciary ?

Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?

Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

Q40. why numerous appeals for PIL by me , were not considered ?

Q41. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

Q42. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?

Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?

Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

Q47. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?

Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

Q53. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

Q54. the appeals made to the honourable supreme court of India , copies of which are available at following web pages :
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?

Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES FIVE PLUS
IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA ,
HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.

DATE : 27/04/2007 NAGARAJ.M.R.

PLACE : MYSORE (APPLICANT)


Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE ………. 570017INDIA……………………cell :09341820313home 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.comA member of AMNESTY INTERNATIONAL INDIA

Sunday, June 3, 2007

SUPREME COURT OF INDIA - OPEN YOUR EYES

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


Editor : Nagaraj.M.R.........vol.3…issue.12................02/06/2007

Editorial : BMW Expose – pointer to failure of indian judicial system

- OPEN YOUR EYES SUPREME COURT OF INDIA

Recent NDTV BMW Expose points towards , how rotten our judicial system has become. In a democracy like India , for a common man judiciary is the last saviour . When that saviour himself becomes a demon , to whom he should turn . the said case point towards cases involving rich & mighty , whether it is a criminal case , civil or tax cases , etc , when rich & mighty are involved they purchase both defence & prosecution side involving witnesses , government officials testifying. Those who don’t fall into their lines are threatened , assaulted & even murdered. As a whole the judicial process is derailed. The honest judge who is presiding over the case remains as a mute spectator & forced to acquit the criminal for failure of prosecution , for lack of evidences. In some cases , the judges themselves are also corrupt , which makes the job much easier for the rich & mighty criminals to go scot-free.

Take the case of editor of e - voice of human rights watch , inspite of suffering numerous injustices , physical assaults , murder attempts , etc and repeated appeals to the authorities including the chief justice of India & president of India , justice is no where in sight , police have repeatedly enquired the sufferer of injustice but they never questioned the perpetrators of injustices. It is the constitutional duty of president of India & chief justice of India as custodians of law , to safe guard the fundamental rights & human rights of every Indian citizen , but till date they have failed to do their duty. The supreme court of India has even failed to provide information , reply to the application dated 27/04/2007 of editor of this publication seeking information as per RTI Act 2005. All these actions & inactions of supreme court of India & president of India , has emboldened the rich & mighty criminals that they can do any thing in India & go scot-free. In this back drop , further if any thing untoward happens to editor of e – voice of human rights watch or to his family members , to his dependents , IT IS H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA WHO WILL BE BOTH RESPONSIBLE FOR IT.

What is needed is protection of witnesses , protection of both defense & prosecution side witnesses , transparency in the judicial system , accountability of judges & advocates , code of conduct for advocates & judges. By these measures alone , we can protect & respect our constitution of India , citizen’s rights. JAI HIND. VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH , INDIA

Respected Madam ,

INDIA: Caste based discrimination and assaults against Dalits are on the increase in Uttar Pradesh

Case 1:
Name of victims:
1. Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar
2. Ms. Sunita, wife of Virendra Sonkar
(Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Alleged perpetrators:
1. Mr. Manoj Yadav son of Nakhdu Yadav
2. Mr. Rajesh Yadav son of Shyam Narayan Yadav
3. Mr. Vinod Yadav son of Nakhdu Yadav
(All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Date and place of Incident: 11 and 12 May 2007 at Shankarpur village, under the jurisdiction of Chaubepur police station in Varanasi district, Uttar Pradesh

Case 2:
Name of victims:
1. Mr. Lalji Ram, son of Mr. Neur Ram
2. Mrs. Nageena Devi wife of Mr. Lalji Ram
3. Sunil, son of Mr. Lalji Ram
(All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Alleged perpetrators:
1. Mr. Nathuni Yadav, son of Mr. Nakdu Yadav
2. Mr. Dina Yadav son of Mr. Sadhu Yadav
(Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Date and place of Incident: On 17 and 24 April, 2007 at Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh

Case 3:
Name of the victims:
1. Mr. Mithailal alias Mithairam, son of Mr. Ramdhani
2. Mr. Balkaran nephew of Mithailal
(Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India)
Name of the perpetrators:
1. Mr. Savaru Yadav, son of Budhu Yadav
2. Mr. Panaru Yadav, son of Babanu Yadav
(Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India)
Date and place of Incident: On May 18, 2007 at Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India

[Mr. Praveen Yadav, who is the Officer-in-Charge of Chaubepur Police Station, Varanasi district, Uttar Pradesh, was presented all the above cases but no action has been taken to stop violence against Dalits and to punish those responsible on grounds for his cast.]

I am writing to you to express my concern about the three cases of atrocities committed against the dalit community in Varanasi district reported from Shankarpur and Gaurdih village. I am informed that in three separate incidents that happened on 17 and 24 April 2007 and 11, 12 & 18 May 2007 the victims named above were assaulted by various persons from the Yadav community.

I am informed that in the first case Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar and his wife Ms. Sunita was assaulted by Mr. Manoj Yadav son of Nakhdu Yadav, Mr. Rajesh Yadav son of Shyam Narayan Yadav and Mr. Vinod Yadav son of Nakhdu Yadav. The incident was started off by the perpetrators intentionally destroying Virendra’s cultivation, which when opposed was silenced by the perpetrators abusing and assaulting the victims, whereby they suffered injuries.

The second case reported from the same village, though it happened in April, before the change of the government, was an incident that was triggered off after a request for water from the common tube-well in the village. In this case the assailants named above, again from the Yadav community, assaulted the father, mother and the child. All the three were injured in the incident.

In the third case the members of the Yadav community from Gaurdih village assaulted Mithailal and his nephew Mr. Balkaran because Mithailal’s cow had walked into the land of one Mr. Savaru Yadav. The arguments, between the victim Mr. Mithailal and the owner of the land Mr. Savaru, resulted in an incident where Mithailal and his nephew were attacked by the Yadavs of the village.

I am concerned about the pattern of these three incidents where individuals of the dalit community in the villages are assaulted by groups from the Yadav community. From the facts of these three cases it is also evident that the situation within the villages that are dominated by the Yadav caste must be tense, particularly after the defeat of the former government which was led by the Yadav leader. The incidents are also a probable reflection of the Yadav or the upper caste community and its apprehension of an increasing dalit resistance in villages. In this context I also wish to bring to your notice the fact that from Shankarpur village in the past there had been reported cases of starvation deaths.

I am also surprised to know that the Station House Officer of Chaubepur Police Station and the Senior Superintendent of Police, Varanasi had not initiated any action against the perpetrators upon the incident even though the cases were brought to their notice in writing soon after it happened. This also suggests the reluctance of the local police to investigate and take actions in cases where atrocities are reported against the dalit community.

I therefore urge you to immediately inquire into the matter and take the following actions:

1. To order an immediate inquiry by the local police against the incidents reported to them regarding the cases mentioned above and to charge the perpetrators named above for the crimes they have committed;
2. To inquire into why the local police failed to take any action in the three cases and;
3. To provide protection for the victims in the case.

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

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO H.E.PRESIDENT OF REPUBLIC OF EGYPT

Your Excellency,

I am gravely concerned about the arrest of Abdel Karim Sulaiman Amer, who was detained November 7. Amnesty International believes he may be a prisoner of conscience who is being prosecuted on account of the peaceful expression of his views about Islam and the al-Azhar religious authorities. I ask that the Egyptian government clarify the reasons for his detention and wish to express concern that his arrest could violate Egypt’s international commitment to protecting its citizens’ rights to freedom of thought, conscience and religion. I urge that Abdel Karim Sulaiman Amer be released immediately and unconditionally if he is held solely for reasons connected with his peaceful expression.

Abdel Karim Sulaiman Amer was summoned to appear before the office of the Public Prosecutor in Maharram Bek district of the city of Alexandria on November 7 following a complaint reportedly made against him by al-Azhar University, where he previously was a student. He was charged with an array of offenses, including “spreading information disruptive of public order,” “incitement to hate Muslims” and “defaming the President of the Republic.” The Public Prosecutor ordered his detention for four days, which was later reportedly extended for a further 15 days.

He previously spent 12 days in detention in October 2005 after he wrote about sectarian riots in Alexandria's Maharram Bek district. The detention and his writings further led him to being expelled as a student at al-Azhar University following a disciplinary hearing.

I am sure you are aware that the International Covenant on Civil and Political Rights, to which Egypt is a state party, protects freedom of thought, conscience and religion. The covenant requires governments to protect citizens from any coercion that would limit these freedoms. I thank you for your personal attention to these serious concerns and request that you inform me about any developments in Abdel Karim Sulaiman Amer’s case.

Your’s sincerely,

Nagaraj.M.R.

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