S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....... vol.5 . issue.17 .........25/04/2009
EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACY
Freedom 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. As
there 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 one
i.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 enlightened
citizens 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
rightly incorporated it in letter & spirit , in the very first page
as the pre-amble & the fundamental rights. The boundary line, the
limit 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 the
President, 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 key
to 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 speakers
of 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 codes
etc., 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 MATARAM
Your'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 classical
interrogation 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 crimes
they 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 are
under 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 of
prosecution 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 defense 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 defense & 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 favor
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?
FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN
Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest.
3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police
At the outset , e-voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :
1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.
There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.
In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
encounter killings.
2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.
3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings.
4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.
7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher training of police personnel.
11) To recruit persons on merit to police force who have aptitude & knack for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.
14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.
FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES
Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.
1) What are the fundamental rights of a citizen guaranteed under the
constitution (Article 21) ?
2) What are the privileges conferred on legislators & parliamentarians
by the constitution of
a) Inside the House b) Outside the House
3) What are privileges conferred on constitutional functionaries, like
a) President of
c) Chief Justice of
e) Central Vigilance Commissioners.
4) Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
5) Are the privileges defined & codified ?
6) Are these privileges above freedom of the press ?
7) Are the liberty & fundamental rights of the citizens guaranteed by
the constitution, above the privileges of the constitutional
functionaries or equal or below ?
8) Can the Indian legislatures & parliament be equated to the House of
commons in
court of records ?
9) Can the division of powers, namely the legislature, the executive
and the Judiciary, be equated to the functioning of the House of
commons and House of Lords in
10) Can a citizen be said to have committed breach of privilege of the
House or court and causing contempt of the house or court by raising
the issues of accountability of constitutional functionaries ?
11) Can a Legislature or Parliament enact a new law, to circumvent or
to nullify the Judicial orders with respect to wrongdoings by peoples
representatives & executive ? does not it amount to infringement of
Judicial powers & contempt of the court by the House.
12) Are the FUNDAMENTAL DUTIES of a citizen more important than
constitutional duties of a constitutional functionary or equal in
importance to it ?
13) Can a constitutional functionary commit crimes, anti-national
activities in the name of constitutional duties, behind the legal veil
of official's secret act & go unaccountable for his actions and go
unpunished by his legal immunity privileges ?
14) Are the Legislators members of parliament, High court & Supreme
court Judges and other constitutional functionaries not willing to
codify their privileges for the reason that if codified their
privileges would be curtailed and their action would be subjected to
legal scrutiny. ?
15) By votes of citizens Legislators and parliamentarians get seats in
the legislature and Parliament out of tax payer's money, they get
their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a
vote of a citizen is above (More valid) or a seat of legislator or
parliamentarian is above or more valid in a democracy ?
16) Judges & Constitutional functionaries are indirectly appointed by
voters / tax payers. Out of tax payers money, they get their pay,
perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a
citizen, fundamental duties of a tax payer is above (more valid) or a
seat of judge / constitutional functionary is above (more valid) in a
democracy ?
17) If there is a vacuum in the Legislature or parliament, who is to
fill up that vacuum till such time that the legislature or parliament
acts provide a solution by performing its role by enacting proper
legislation to cover the field (vacuum) ?
18) While it is an unhealthy practice for a Judge to claim to be a
Judge in his own cause, is it not worse for the members of the
legislature and parliament to be judges in their own cause ?
19) Are the Technicalities of the case more important to a judge or
Justice to a citizen, protection of fundamental rights of citizen.?
20) Why not the constitutional functionaries initiate suo moto action
with respect to numerous cases of injustices reported in Media ?
21) Why not the Judges admit various cases of Injustices affecting
public, as the Public Interest Litigation" ? In some cases, the Public
or the person representing them is unable to afford the high cost of
the case. Why not free legal aid is given ?.
22) What is the criteria for admitting a P.I.L. & giving free legal aid ?
23) Communication - free flow of information is the lifeline of a
democracy. Why the constitutional functionaries are not honouring the
Right to Information of Citizens ?
POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of
Reference: On-line grievances DARPG/E/2009/06279 , DPG/M/2009/80069 , DPG/M/2009/80070
http://sosappealbydalit.rediffblogs.com/ , http://sosappealbydalit.wordpress.com/ ,
http://sosappealbydalit.blogspot.com/
In India , as per constitution of india all citizens are equal , have right to equal oppurtunity &
equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian
citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of
his / her birth.
However in
autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants.
In
resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day
is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous products from india .
2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants leaking india's defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering
our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of
are not giving the requested information . these action of CJI & PRESIDENT OF
amounts to suppression of information , truth , evidences , which is a cognizable offence.
We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India
have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly
violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally
prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the above two public servants
on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint.
thanking you.
Date : 16.04.2009 your's sincerely,
Place :
……………………..DECLARATION………………………
name : ...........................NAGARAJ.M.R.
Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL ,
New professional / trade title : s.o.s- e – Voice For Justice ( Adverb not noun form )
Old professional / Trade Title : e-Voice Of Human Rights Watch ( Adverb not noun form )
Trade description : I am a human rights activist , a watchman of human rights ie humanrightswatch. I am voicing my opinions , concerns ,appeals through this electronic media for urgent action , so it is s.o.s - e-voice for justice . THIS NAME DENOTES THE WORK I DO . it must be
understood not as a noun but as an adverb.
Note : we do not have any relations whatsoever with US based MNC HUMAN RIGHTS WATCH ( HRW ) or it's associates .
periodicity : WEEKLY
circulation : FOR FREE DISTRIBUTION ON WEB
donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .
monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.
Social commitment : every human being is endowed with certain human rights by virtue of birth , one of those rights , right of expression . we don't need any government's or authorities or court's or any so
called MNC organization's approval & confirmation of our human rights. In exercise of those human rights I am doing this duty of a human rights watchman & voicing my concerns to authorities , seeking justice to the oppressed.
owner/editor/printer/publisher : NAGARAJ.M.R.
nationality : INDIAN
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I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief.
date : 16/04/2009…………………………..your's sincerely,
place :
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