Sunday, August 26, 2007

FALL OF THE LAST SENTINEL - INDIAN JUDICIARY

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

Editor: Nagaraj.M.R....vol.3…issue.24......25/08/2007


Editorial : THE FALL OF THE LAST SENTINEL

THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY


the four main pillars of democratic setup in
india are legislative , judiciary , executive & the enlightened citizens . now, one pillar after the other has started to crumble down paving the way for anarchy in future. in india there are not much of the enlightened citizens around.even the few who are there, are silenced by the criminal nexus while doing their fundamental duties as per the constitution of india.the rest of the citizens are kept in the dark, denied the awareness about democratic dynamics , by choking them for information. in india multi billion dollar defence deals to drainage civil constuction by the munciapality comes under "official secrets act". eventhough technically some informations does not fall under the purview of O.S.A. the ruling elite does not readily share the information.in democracy INFORMATION & THE EXPRESSION are key to it's functioning .by denying that key to the citizens the ruling setup alienates them from decision making process .thus, the enlightened citizens the pillar has been razed down to earth by the ruling elite.


now, the criminalisation of politics has taken place almost completely in
india. those criminals have appointed other criminals to the vital positions in the government .the criminal nexus of CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating the funamental / human rights of crores of indian citizens , robbing them of their national wealth worth billions. thereby other two pillars of democracy the legislative & the executive have fallen down.


now, the one & only remaining pillar of democracy in
india is the INDIAN JUDICIARY. it is the angel who provides justice to the commonners. now, the tentacles of corruption has engulfed the Indian judiciary too . there are charges against various judges ranging from bribery ,theft ,practice of untouchability ,false affidavit to murder .one judge has been accussed of literally running an AUCTION HOUSE OF JUDICIAL ORDERS in association with the underworld. in that place everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a price of course.

it is only due to the pioneering efforts of media these scandals have come to light .the judiciary has hidden those scandals in a hush hush manner from the public eye. recently it was reported in " deccan herald " that a district judge of u.p. was acting as a pimp since years & supplying mod girls to politicians. in another report it was stated that a district judge of tamilnadu demanded sexual favours from a woman to give favourable judgement in a case when she refused to do his bidding he allegdely tried to rape her. quite recently, there was a news report about immoral acts of certain high ranking judges in a resort near mysore. it was indirectly implied that certain wowen advocates who were selected as judges were returning the favours immorally to the senior judges (who were in the selection committee) .


i,as a human rights activist have requested various constitutional authorities to provide information about the misdoings of government officials , ministers ,judges & godmen. i didn't even receive the receipt of acknowledgement. i have even tried to file public interest litigations at the SUPREME COURT OF
INDIA ,but to no avail. Even my requests for information from government authorities including supreme court of India as per RTI Act was not honoured.


in my crusade seeking justice for all, i have myself suffered numerous injustices ,my news papers were closed down, i have suffered murder attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE CHAIRMAN OF NATIONAL HUMAN RIGHTS COMMISSION , THE CENTRAL VIGILANCE COMMISSIONER kept mum, didn't do their constitutional duties inspite of my repeated requests . thereby, they have violated my human rights & fundamental rights & have been obstructed from performing my constitutionally provided FUNDAMENTAL DUTIES.

The courts of justice needs evidences to act upon , the public servants don’t give records / reports which in turn becomes evidences , the public servants by taking bribe makes falsed biased interpretation of law , give favourable reports to rich & mighty ( but false reports ). The courts in turn depending on those false reports acquits rich & mighty , whereas the poor suffers injustices for being unable to produce evidences. The courts have the power , authority for ordering participation of public , aggrieved parties in the investigation teams enforcing various laws ( thereby the corrupt acts of public servants can be checked ) , but courts don’t excercise that authority. See how the nexus of corrupt public servants – law enforcement agencies – judiciary works in India favouring the rich & subjugating the poor. Ofcourse , there are very few exceptions.


TO WHOM SHOULD WE TURN FOR JUSTICE ? WHERE IS PEOPLE'S SELF RULE - DEMOCRACY IN
INDIA ,when a citizen is denied of simple information about corruption charges against judges. there are even chances of misuse of contempt proceedings by the judiciary against the seeker of justice. all these misconducts of the ministers,public servants & the judges are aiding the anti socials & in a way acting as catalyst for the growth of terorrism and insurgency in india. HOWEVER THE SAVING GRACE IS THERE ARE STILL A FEW HONEST , SINCERE PERSONS WORKING IN THE INDIAN JUDICIARY, LEGISLATIVE & THE EXECUTIVE. this is an appeal for those few & the enlightened citizens to work together to build a strong ,united & secular INDIA. JAI HIND. VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

INDIA: Sixty years of transformation from a colony into a dysfunctional state by AHRC

Sixty years before India took a quantum leap in its history from being a colony to that of an independent nation. Soon it was a declared to be a democratic, socialist republic. Wheels of administration started turning in a different direction where administration meant no more exploitation, but managing a country and directing its people to a better destiny.

The oiling and greasing of these wheels were handled by people who had some or even little experience in maintaining a system to cater the interests of the people. Yet the administration did not buckle and the people trusted in it. Six decades since then the administrative machinery in India appears to have lost its direction and the confidence it once enjoyed and expected from the people.

The state of affairs in India as of today concerning its civil administration and the other pillars of democracy is similar to the psyche of a raging mob. There is no control or discipline whatsoever. Wherever and to whatever the mob turned its attention to destruction is the certain and immediate result. When such destruction, in the Indian context, is state sponsored, the damages are irreparable.

The union government of India while is busy of custom tailoring a government that could hold power for the rest of its term and probably to return to power for yet another term, their counterparts in the states are engaged in similar exercises within their jurisdictions. For this every cards available are being used. Caste, religion and money are constantly used for gerrymandering administrative decisions. The police, prosecution and judiciary are misused to keep the protesting voices at bay.

The three pillars of democracy - the judiciary, executive and legislature in India as of today paints the picture of complete disfunctionalism. The judiciary in India which was considered once as an independent voice is no more considered so. The judiciary which once played a decisive role reining the powers of the government whenever the government tried to depart from the democratic process, has now lost the trust of the people.

A court system that had responded by appreciating public interest litigations have now stooped down to a stage where the courts itself are asking the public to settle disputes outside the court. The courts in India have compromised its legitimacy and values of impartiality for mere survival. This compromise is now being forced upon the people by the courts themselves being advocates of out of court settlement by way of alternate dispute resolution for almost everything currently under the judicial realm.

More and more the ordinary people shy away from approaching the courts in India. This is because of the inordinate delay in deciding cases and also due to lack of transparency in the courts’ own actions. There is also a demonstrable change in the attitude of the judiciary towards people’s cause.

The court that once said the state has a duty to provide adequate housing to the people in the Bombay Municipal Corporation case has taken u-turn by justifying forced evictions in its recent judgments. While the courts have a change in attitude towards addressing the ordinary people’s concern about state neglect, the courts itself are victims of neglect by the state. Thousands of cases are pending decision before the various courts in India due to pure lack of proper infrastructure.

The executive also have demonstrated through their lack of action and brute intervention that they are no more people centric. A direct result of a failing executive machinery is the alarming number of starvation deaths in India. India as of today does not face a food crisis. However thousands in India die from acute starvation and malnutrition. One tenth of the country’s population goes to bed hearing the cries of their children for food. Starvation and malnutrition is a direct result of executive malfunction. Deaths from starvation are gruesome examples of how a failed executive forces death upon the people it is supposed to serve.

Yet another limb of the executive, the police and other law enforcement agencies are used by the state not as a segment of the service sector, but as an agency to impart fear upon the people. The extra judicial killings by the armed forces in Manipur and the clampdown of human rights work in states like Rajasthan, Chhattisgarh and Gujarat are examples. As of today engaging in human rights work in any of these states, including the Northeastern states is as good as declaring war with the state. Human rights activists are seen not as a support mechanism for the people but as anti-state activists. The continuing detention of Dr. Binayek Sen in Chhattisgarh state is just one example.

Corruption in public life has not hit such high levels at any point of time in India. The elected representatives that allege that they represent people’s consensus in fact now represent corporate, religious or other partisan interests. Given the affinity of various political party leaders in India to fundamentalist religious interests, India can hardly be referred to as a secular country. Volatile and provocative statements made by political party leaders raising unwarranted suspicion upon minority communities and the legislative process they have initiated whenever they had an opportunity is a scary example for this.

What cost has India paid in mismanaging affairs to this extent? Probably there are more Indians living in India now under fear than prior to 1947. India has lost many times more lives after independence than in its fight for independence. As of today, India is a country of contradictions.

While the middle class and the neo-rich community tries to fortify their riches and their holds in places of authority, a major portion of the country’s population suffer from acute poverty and starvation. With its abundance of resources and possibilities India need not be what it is now.

Beyond the landscapes of crowded cities and special economic zones the rural India as of today suffers from the pitfalls of a dysfunctional state. Sixty years since independence, India has reduced itself to a country that is continuously failing in addressing the needs of its people - a transformation from a colony to a dysfunctional state.

APPEALS TO THE HONOURABLE CHIEF MINISTER OF WEST BENGAL INDIA

Dear Sir ,

INDIA: Forced eviction in West Bengal by the local police

Victims: Residents of about 100 houses in Rajabazar CanalCanal East Road


Alleged perpetrators: Police officers stationed at Narkeldanga Police Station


Place of incident: Rajabazar Canal – Canal East Road


Date of incident:
August 2, 2007

I am writing to you to express concern about the case of illegal eviction reported from Rajabazar Canal area of Kolkata. I am informed that the police officers stationed at Narkeldanga Police Station on August 2, 2007 evicted some 100 houses from Rajabazar CanalCanal East Road. I am informed that the residents, belonging to the poorest section of the community lost their entire belonging in the process. I am also informed that the police officers threatened and intimidated the residents in the process.



I am informed that the police officers used force to keep the residents at bay during the operation. I am further informed that the police officers acted on their own evicting the people since there were no court orders or any other directives from the government to evict the residents from the locality. It is alleged that the police to evict the residents had set fire to the belongings of the residents, a process in which several of the residents lost valuable documents and other belongings.



I am concerned about this case and therefore urge you to intervene to make sure that if the eviction is found illegal actions be initiated against the police officers responsible for the incident.



I am also concerned about the increasing intolerance of the local police to the minority community in
West Bengal, particularly the Muslims and the poor in the state. I therefore urge you to also make sure that the local police under no circumstances do not disturb the dwellings of the poor and the marginalized in West Bengal without going through appropriate due process steps ensuring fairness. I also urge you to take appropriate actions so that the residents from Rajabazar CanalCanal East Road area who lost their belongings receive compensation for their loss.



Your’s Sincerely,

Nagaraj.m.r.

Dear sir ,

INDIA: Local police in West Bengal continuing their corrupt practices

Case1:


Victims:
1. Mr. Sirajul
sana, aged about 21 years, son of Mustahid Sana, residing at 4 Basanti Colony, Ultadanga, Kolkata, west Bengal


2. Ajarul Sana, a boy aged 15 years, brother of Sirajul above


Alleged perpetrators:


1. Mr. Rabindranath Paul, Police Constable number 4269, stationed at Baranagar Police Station, Kolkata,
West Bengal


2. Mr. Badal Chandra Mondal, Police Constable number 3498, working along with Rabindranath


3. The Officer-in Charge of Baranagar Police Station


Place of incident: Baranagar Police Station


Date of incident:
May 18, 2007

Case 2:


Victim: Ms. Shefali Pailan, aged about 40 years, wife of Mr. Dinanath Pailan, Mondalpara, Garfa, 24 South Parganas district, West Bengal


Alleged perpetrator: Officer-in-Charge of Purba Jadavpur Police Station, 24
South Parganas, West Bengal


Place of incident: Garfa, Mondalpara


Date of incident:
July 18, 2007

I am writing to you to express concern about two cases that I have been informed about which shows the nature of local policing in West Bengal state. I am informed that in the first case involving Mr. Sirajul Sana and his minor brother Ajarul Sana they were picked up by the police officers stationed at Baranagar Police Station on May 18, 2007 arbitrarily.

I am informed that the police officers registered a false charge against the brothers and produced them before the local court from where they were released on bail. I am informed that even though Ajarul was a minor, he was produced in the regular court, though the law mandates that he should be produced before the Juvenile Justice Board. I am also informed that a police officer slapped Sirajul on his face.

Regarding the second case I am informed the victim Ms. Shefali was detained overnight at the Purba Jadavpur Police Station on the basis of a complaint filed against Shefali by her employer regarding a suspected theft. I am informed that the police officers were also pressurizing her to confess the theft which Shefali refused.

I am informed that Shefali was later released due to the intervention of local human rights organisations.

I am concerned about the very nature in which the local police behaved in both the above incidents. Apparently these two cases being from two different police stations in the state, the incidents also reflect the general nature of the police in the state. I am concerned that in both cases the victims were poor and they are reportedly having no means to complain.

I am also concerned that in Shefali’s case she was detained in the police lockup over night on the basis of a mere suspicion and a complaint lodged by her employer. It appears that police in West Bengal do not confer with the procedural mandates they are supposed to follow in cases of arrest, detention and investigation. I am also concerned about the attitude of the local police against the poor sections of the society for considering them as criminals.

I therefore request you to intervene in both these cases and order an investigation into the alleged incidents. I also request you to take appropriate actions so that the conduct of the police officers named above are investigated and if found guilty of not following the law, to pay compensation to the victims named above for the sufferings caused to the victims by the police.

Your’s Sincerely ,

Nagaraj.m.r.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH , INDIA

Dear Chief Minister,



INDIA: Corrupt village administration likely to cause starvation deaths in Shankarpur village



Persons affected: The lower caste community in Shankarpur village


Location: Shankarpur village, Chiraigaon block in
Varanasi district, Uttar Pradesh



I am disturbed to hear of the appalling living condition of lower caste community in Shankarpur village in
Varanasi district. I am informed that the village head Mr. Sundar Yadav is allegedly a corrupt person who is denying rationed food grains to the lower caste community in the village. I am informed that the village head had taken several steps discriminating the lower caste community in the village. Of particular importance is the cancellation of existing ration cards of the members of the lower caste community in Shankarpur and arbitrary issuance of new cards to the members from the Yadav community to which the village head belong.



I am informed that several complaints were filed by the villagers against the village head against which no action was taken by the district administration. I am also informed that the Village Secretary and some officers from the local Block Office are helping the village head in his deeds.


I am also informed that as of now about 47 families are facing acute starvation in the village and that all these families belong either to the scheduled caste or the scheduled tribe. I am further informed that it is difficult to complain against the village head since so far none of the complaints made against the village head was taken up by the local police. At the same time whoever complained was threatened by the village head.



I am informed that a local human rights activist Mr. Harischandra Sonkar, was threatened, verbally abused and assaulted by the village head and his son since he had complained against the village head.



I therefore urge you to take immediate steps so that the 47 families who are denied food and ration in Shankapur village will receive rationed food grains at the earliest. I also urge you to request the local police to investigate the complaints filed against the village head of Shankarpur Mr. Sundar Yadav and his son Mr. Vinod Yadav.



Yours sincerely,

NAGARAJ.M.R.

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Friday, August 17, 2007

FREEDOM OF THE PRESS VS AUTOCRACY

e –Voice Of Human Rights Watch – e-news weeklySpreading the light of humanity & freedomEditor: Nagaraj.M.R....vol.3…issue.23......18/08/2007

EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACYFreedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom - urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals .

based on these in -born natural traits of a human being - a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. Asthere is a boundary line to the field, there are certain limits - social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every onei.e. freedom, guarding one-self & his fellows not to cross that limit is " Responsibility/ Duties". As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightenedcitizens or press.
This in-born urge to freedom is therefore a natural birth right, a human right. Democracy-the system of governance based on the natural traits of human beings and ensuring their organic growth, is built upon this very foundation. Thus The Constitution of India" has rightly incorporated it in letter & spirit , in the very first page as the pre-amble & the fundamental rights. The boundary line, thelimit is the " Fundamental Duties / Responsibilities". one of these fundamental / human rights is " Freedom of Speech & expression (Right to Information) " As per the constitution of India nobody thePresident, Prime minister, Chief Minister, Speaker, Judges nor a Journalist has special rights which makes him superior to a citizen of India, under special, critical circumstances constitutional functionaries are empowered with special privileges only to safeguard the democratic set-up, to safe guard the unity & integrity of the nation but not to make themselves superior & to subjugate his fellow citizens into slavery.
Nowadays due to widespread criminalisation - unwanted elements have entered into corridors of power - politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media / press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people,criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people - It is the keyto their riches . So some of these constitutional functionaries physically assaulted media persons, got them beaten - up & even murdered the dissenting media / human rights activists. The speakersof the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don't even attend the house punctually.
Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals - the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information / expression - The Media / press. Nowadays it is becoming frequent with Judges & the people's representatives, to slap contempt proceedings "Against Journalists & citizens" who demand information / accountability & against those who speak - out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through "Legal Immunity Privileges".

The recent cases are the "Roost resort case involving Karnataka High Court Judges" where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu" & "Murusoli".Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official's secret act Reservation Policy, Article 370, various non-uniform civil codesetc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning democracy. Ensure , protect & preserve it. JAI HIND VANDE MATARAMYour's Sincerely,NAGARAJ. M.R.NARCO-ANALYSIS – RIGHT OR WRONG?The advances in science must be used by the police to find out the truth, to solve the mysteries of the crimes. It is the better option for both investigation / interrogation than the classicalinterrogation method involving third degree torture, where in the accused breaks -down & blurts out the truth, usually, in most of the cases innocents unable to bear the torture confesses to the crimesthey have not at all committed. The scientific tools of interrogation namely Narco-analysis . Brain mapping & polygraph Tests must be made mandatory for interrogation. The perpetrators of third degree torture i.e. Police Military personnel must be punished severelly. Not just on innocents, even on proven criminals police have no rights to torture. It is grossly inhuman & illegal. At present, there is certain bias in the usage of scientific interrogation tools:-
1) Generally everybody is afraid of police & their corrupt practices. Even innocent persons are frightened of false fix-ups & third degree torture by police. This fear shows up in their heightened anxiety level, changes in their blood pressure, respiration, heart-beat etc., There are chances of misinterpreting this as the "Fear of a criminal of being caught"
2) These scientific tools are in the hands of police only. Therefore it is biased towards the police or prosecution in a case. Forensic science labs where these scientific interrogations are conducted areunder the control of Police department . Fundamental objective of police is to prove their case, the prosecutions stand point rather than finding out the truth. Sometimes, the stand points ofprosecution police are influenced by caste, political & monetary considerations. This bias reflects in the preparation of the "Questionnaire by the Interrogator" The interrogator if he wants to bring out a negative image of the accused before the court, he prepares the questionnaire such that only negative issues come out as the answers. If the accused has got political patronage & has paid hefty bribe to the police questionnaire is prepared such as to bring out a positive image, to highlight innocent image of the accused.
Leaving out all other related questions, which brings out truth, a negative image of the accused. The police are the one who decide the fate, destiny of the accused.
3) Every human being has two personalities with in his sub - conscious mind one personality is evil, selfish & craves for all material pleasures. The other personality is good , humane & sociable one. Whenever an issue comes up before a human being , whenever a human being sees, reads or hears a subject two opinions are formulated about it by him. One by his evil, selfish ego the other by his good, humane self .A perfect human being, a social being is one who controls his mind, contains the evil influences of his selfish self and follows the guidance of his good self. This readily expresses itself through good humane social actions. A criminal is one who does not have control over his mind and acts according to the evil guidance of the selfish self.
There are chances of mis-interpretation during scientific interrogation . If you expose only evil self you will get a negative image or else if you expose only the good self you will get a positive image of the accused. For a balanced view, you have to see the both evil-self & good self of the accused together with his past & present actions.
4) At present only it is the prosecution who can use these scientific interrogation facilities, but not the defence. In the fake stamp paper scam during Narco Analysis , king pin Mr. Karim Lala Telgi blurted out the truth - gave out the names of his VVIP accomplices, Police accomplices, his business details, so far so good.
Hereby I do request you to order both the union government & all state governments :-
1) To keep the forensic science laboratories under the control of autonomous bodies like National Human Rights Commission.
2) To make the scientific facilities of interrogation available for both the prosecution & the defence of course, for a fee.
3) To enact legislation to subject the corrupt investigating officer, corrupt public prosecutor, corrupt presiding judge of the case, etc.,to scientific interrogations, by both the defence & prosecution.
4) To factor in the allowances for the natural fear for police (for their corrupt, ruthless, devil face)
5) To create an unbiased impartial atmosphere free of fear or favour to conduct the scientific interrogation.
6) To enact guidelines for scientific interrogation for framing questions to bring out both good & evil self in the sub conscious to have a balanced view of the man under question together with his past& present actions .
7) To make it mandatory for all cases including VVIPs .In various cases scams, involving VVIPs cases drag on for years. Public money is wasted through waste of deliberations of the house ( Parliament, Legislative Assembly), Waste through constitution of Parliamentary committees , Judicial commissions, why not all those VVIPs accused of involvement in scams subjected to tests like Narco analysis, poly graph, Brain finger printing etc., So that L K Advani & Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia gandhi family will tell about Bofors, George Fernandese about Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam about Telecom purchases, Lallo Prasad Yadav about fodder scam. The scam tainted VVIP list goes on. Why not these VVIPs are subjected to scientific interrogation with unbiased questionnaire?


AN APPEAL TO STATE HOME SECRETARY , GOVERNMENT OF WEST BENGAL INDIA

Dear Madam / sir ,
INDIA: Local police in West Bengal continuing their corrupt practices
Case1:Victims: 1. Mr. Sirajul sana, aged about 21 years, son of Mustahid Sana, residing at 4 Basanti Colony, Ultadanga, Kolkata, west Bengal2. Ajarul Sana, a boy aged 15 years, brother of Sirajul aboveAlleged perpetrators: 1. Mr. Rabindranath Paul, Police Constable number 4269, stationed at Baranagar Police Station, Kolkata, West Bengal2. Mr. Badal Chandra Mondal, Police Constable number 3498, working along with Rabindranath 3. The Officer-in Charge of Baranagar Police StationPlace of incident: Baranagar Police StationDate of incident: May 18, 2007
Case 2: Victim: Ms. Shefali Pailan, aged about 40 years, wife of Mr. Dinanath Pailan, Mondalpara, Garfa, 24 South Parganas district, West BengalAlleged perpetrator: Officer-in-Charge of Purba Jadavpur Police Station, 24 South Parganas, West BengalPlace of incident: Garfa, MondalparaDate of incident: July 18, 2007
I am writing to you to express concern about two cases that I have been informed about which shows the nature of local policing in West Bengal state. I am informed that in the first case involving Mr. Sirajul Sana and his minor brother Ajarul Sana they were picked up by the police officers stationed at Baranagar Police Station on May 18, 2007 arbitrarily.
I am informed that the police officers registered a false charge against the brothers and produced them before the local court from where they were released on bail. I am informed that even though Ajarul was a minor, he was produced in the regular court, though the law mandates that he should be produced before the Juvenile Justice Board. I am also informed that a police officer slapped Sirajul on his face.
Regarding the second case I am informed the victim Ms. Shefali was detained overnight at the Purba Jadavpur Police Station on the basis of a complaint filed against Shefali by her employer regarding a suspected theft. I am informed that the police officers were also pressurizing her to confess the theft which Shefali refused.
I am informed that Shefali was later released due to the intervention of local human rights organisations.
I am concerned about the very nature in which the local police behaved in both the above incidents. Apparently these two cases being from two different police stations in the state, the incidents also reflect the general nature of the police in the state. I am concerned that in both cases the victims were poor and they are reportedly having no means to complain.
I am also concerned that in Shefali’s case she was detained in the police lockup over night on the basis of a mere suspicion and a complaint lodged by her employer. It appears that police in West Bengal do not confer with the procedural mandates they are supposed to follow in cases of arrest, detention and investigation. I am also concerned about the attitude of the local police against the poor sections of the society for considering them as criminals.
I therefore request you to intervene in both these cases and order an investigation into the alleged incidents. I also request you to take appropriate actions so that the conduct of the police officers named above are investigated and if found guilty of not following the law, to pay compensation to the victims named above for the sufferings caused to the victims by the police.
Sincerely
NAGARAJ.M.R.


AN APPEAL TO DIRECTOR-GENERAL BORDER SECURITY FORCE NEW DELHI
Dear Sir,
INDIA: Please ensure that the murderers of Mr. Santhosh Mondal are punished
Name of victim: Mr. Santhosh Mondal, son of Sudhir Mondal, resident of Shibpur, under the jurisdiction of Raninagar Police Station, Murshidabad district, West BengalAlleged perpetrators: Three officers from the Border Security Force, stationed at 90 BN BSF ECO Company, Harudanga Border Security Force Camp, Raninagar, Murshidabad, West BengalPlace of incident: Shibpur village, Murshidabad districtDate of incident: July 27, 2007
I am writing to you to express concern about the case of Mr. Santhosh Mondal, a 40 year old villager who was first beaten up and later mowed down by the officers of the Border Security Force [BSF] by a speedboat on July 27, 2007 at Shibpur village in Murshidabad district of West Bengal.
I am informed that while Santhosh along with a few other villagers were sitting near the river Padma in their village in the evening, three officers from the BSF approached them and started asking questions. The officers soon started assaulting the villagers, including Santhosh with a stick. Many of the villagers ran away while Santhosh jumped into the river to save himself. However, the officers went to their out-post and came back looking for Santhosh in a speedboat. They found Santhosh swimming in the light of a powerful torch the officers had.
They approached Santhosh and ran over him with the boat. The propeller of the boat broke as it cut through Santhosh' body. Santhosh drowned and his body was never recovered.
I am informed that this is not the first case where officers from the BSF are involved in brutal acts committed against ordinary villagers along the Indo-Bangladesh border. I am also informed that in the past several months the Asian Human Rights Commission has brought to your notice several cases where the officers from the BSF were allegedly involved in atrocious acts.
I am concerned to know that your administration or the state or union government has failed to contain the atrocious acts committed by the BSF in West Bengal. I am informed that Santhosh has left behind five young children and a wife who now does not have any means to feed their children and educate them.
I am also informed that a complaint has been lodged at the Raninagar Police Station regarding the incident on July 29, 2007 which is now being investigated into and the murderers punished. However, I am afraid that the investigation might not be carried out properly owing to the influence of the BSF upon the local police officers.
I therefore request you to intervene in this case at the earliest and make sure that the persons responsible for murdering Santhosh are brought to justice. I also request you that the state as well as central government pays an interim compensation to the family. I further request you to ensure that the BSF stationed along the Indo-Bangladesh border is engaged in securing the border through legally accepted means and that their officers are not allowed to murder, rape and torture the ordinary villagers.
Your’s sincerely,
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 :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

Wednesday, August 15, 2007

HANG CORRUPT JUDGES , CORRUPT POLICE TO LAMP POSTS

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

Editor: Nagaraj.M.R....vol.3…issue.22......11/08/2007

Editorial :HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS

- Another independence struggle in India needed ?

After 60 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

In our own experience, HRW didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of HRW & obstructed him from performing his fundamental duties. Still, HRW believes in peace , democratic practices. HRW firmly believes that violence should not be practiced by anybody – neither state nor public.

Hereby, HRW urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants. JAI HIND. VANDE MATARAM.

Your's sincerely,

Nagaraj.M.R.

False Affidavits , Information Hiding – Crimes of supreme court of India & Public Servants

Many public servants are leading luxurious lifestyles , beyond the legal sources of their income. Many public servants are filing false affidavits about their annual income , wealth details to Election Commission of India / Vigilance Commission / other authorities , as the case may be. These authorities are not properly verifying these affidavits . many scams , scandals are coming to light day in & day out , politicians are accussing each other of involvement in scams. Whereas , the said authorities are keeping mum , as if those affidavits filed by tainted public servants are true.

The tainted public servants are not even providing full , right information to public as per RTI Act, lest the truth come out. Just imagine , even the supreme court of India violated RTI Act – failed to give information to our publication as per RTI Act , lest the truth – skeletons in judiciary comes out.

Some public servants , caught redhanded during luxurious spending , easily says that it is at their political paty's expense or their well wisher's expense. However no entries are found in the account books of said parties to that respect. The law forbids public servants from accepting gifts , hospitality , favours beyond the value of rupees one hundred ( Rs. 100 ) , as it may be a form of bribe.

Hereby , HRW urges the honourable supreme court of India , to enforce RTI Act , annual filing of affidavits by public servants , fool-proof verification of those affidavits by public committees comprising ordinary citizens as mandatory encompassing all public offices. As a first step , it must be enforced to judges , police personnel & tax officials . then alone , many socio-economic problems , corruption in India can be solved.

AN APPEAL TO Shri. Sunil Thomas , Registrar , Supreme Court Of India

Honourable sir,

Subject : appeal for information as per RTI Act

Reference no ; Dy .no.199/RTI/2007 Shri.Ashok Kumar , addl registrar & CPIO ,Supreme Court of India's letter dated july 19, 2007

The additional registrar & CPIO of supreme court of India has not provided information to me as per RTI Act except in one point with respect to filing of PILs. This act amounts to violation of RTI Act & violation of my fundamental rights as well as human rights.

Hereby , I do appeal to you to give me full information as requested in my written application , a soft copy of the application is provided below. Thanking you.

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. cell- 09341820313

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 :09341820313
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