S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R.. vol.6.issue.19...08/05/10
Editorial : AEROPLANE RIDES FOR CORRUPT POLICE & CORRUPT JUDGES OF INDIA
TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA - Gross violations of human rights by police
Aeroplane is the most cruelest form of 3rd degree torture perpetrated by police on suspects. Many innocent people have confessed to crimes hey have not at all committed unable to bear the torture , pain. Many innocents have been murdered in lock-ups by police during these type of 3rd degree torture. Even if we go by the logic of police that criminals only sing under torture & they rightly deserve it , when a petty criminal stealing Rs.10000 is fit for “AEROPLANE TORTURE” , what about criminals stealing crores of rupees , what about corrupt police who aid tens of such big time criminals by filing B-report , by putting weak case of prosecution , by delaying tactics allowing for destruction of evidences , etc , what about judges who acquits big time criminals , who give judicial orders while they are in a drunken state , who acquit big criminals by conducting hearings even on dates of government holidays (concocted). ARE NOT THESE CORRUPT POLICE & JUDGES FIT FOR “BUSINESS CLASS AEROPLANE RIDE TORTURE as per the same logic of 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.
Nowadays , we are seeing reports of corruption by police & judges in the media
and are also seeing reports of raids by vigilance authorities seizing crores of
wealth from such corrupt police. Some Judges have also amassed crores of wealth.
Who gives them money ? it is rich criminals , anti-nationals . By taking bribe &
hiding the crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities. Those
shameless , corrupt police & judges are nothing but traitors & anti – nationals
themselves. When an innocent is subjected to 3rd degree torture to extract truth
with justification by investigating agencies that all for the sake of national
security , what degree of torture these corrupt , anti-national police & judges
qualify for ? what type of aeroplane or helicopter the corrupt police / judges
must ride ? ofcourse , for protection of national security. Here also police &
judges have double standards , what a shame.
We at e – voice are for "Rule of Law" & abhor all type of violence. Truly these
police & judges are not building a Ram Rajya of our Mahatma Gandhi's dream.
Jai Hind. Vande Mataram.
Your's sincerely,
Nagaraj.M.R.
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
- By American Citizens
Our country was known as " Heaven On Earth" , "Land of Equality & Equal
Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our
country. Now USA is known as a "Terror State".
In the last 3 – 4 decades , the persons who occupied the office of President USA
,in their individual capacity took wrong , inhuman decisions , meddled in the
internal affairs of other sovereign nations , spent our resources to create
terrorist outfits like al-queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of innocents &
this Frankenstein monster came home to roost on September 9 / 11 . After
September 9 / 11 , each terror suspect is severely tortured in hell like Abu
Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don't deserve kid glove treatment &
rightly
deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd
degree torture , what quantum of punishment , torture – previous presidents of
USA deserve – who created , aided & abetted thousands of such terrorists ,
terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the federal
government to to make public :
1. how much US resources were spent from US TREASURY , to finance terrorist
outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it
planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community & suspecting all the
muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past presidents of
USA – who were Christians makes it logical to assume whole of our Christian
community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US prisons & in
the prisons of US allied countries at the behest of US authorities , right ? is
it not violation of human rights & US laws ?
7. did US find any weapons of mass destruction in Iraq , which was the main
reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like polygraph
, lie detector tests instead of inhuman 3rd degree torture on terror suspects &
suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend billions of
our dollars on inhuman , llegal acts of terrorism , military coup , creation ,
aiding & abetting of terrorists , etc , in other sovereign nations ? while we
are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal
brotherhood. It is the preachers who misrepresent it. Terrorism created , aided
, abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry
, selfish people & they must be legally punished .
Hereby , we appeal to the honourable court to legally prosecute Previous
PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the
present US anti-terror laws.
Recently , in the issue of last week "The Week" , cabinet minister of government
of srilanka (previously a deadly terrorist & right hand man of LTTE chief
Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received
arms training in Tamilnadu State of India , to wage war against Government of
Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv
Gandhi's assassination case , also stated that Tamil Terrorist outfits in
Srilanka Received monetary , financial , arms training support from government
of India. GOI has even setup a radio station for tamil terrorists of srilanka ,
within Indian territory. GOI spent billions of dollars of Indian taxpayer's
money for aiding & abetting terrorism , while billions of Indians were half
starving & going without a single meal , without proper health care.
Recently in the last week , in a media interview the president of Government of
Pakistan Mr. Jardari himself has confessed that in the previous years the
government of Pakistan has aided & abetted Terrorism for tactical gains of
Pakistan , spending billions of dollars of Pakistani taxpayer's money. While
ordinary ordinary Pakistanis were suffering from starvation , lack of health
care , etc.
All the above proves that Previous Presidents of Government of USA , previous
Presidents of Government of Pakistan & Previous Prime Ministers of Government of
India were the real master minds of TERRORISM , founded , aided , abetted
TERRORISM FOR THEIR OWN SELFISH GAINS. In turn murdering lakhs of innocent human
beings.
These guilty previous presidents & prime ministers are deadly than OSAMA BIN
LADEN.
Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN &
INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime
Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of
master minding TERRORISM.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
TORTURE CHAMBERS OF INDIA
They are our own Gitmos. Where, far away from the eyes of the law, 'enemies of
the state' are made to 'sing'. THE WEEK investigates
By Syed Nazakat
Little Terrorist, as the intelligence sleuths came to call him, turned out to be
a hard nut to crack. No amount of torture would work on 20-year-old Mohammed
Issa, who was picked up from Delhi on February 5, 2006. The Delhi Police
believed that he had a hotline to Lashkar-e-Toiba deputy chief Zaki-ur-Rehman
Lakhwi, who later masterminded the 26/11 attack on Mumbai. At a secret detention
centre in Delhi, the police and intelligence officers tried every single torture
method in their arsenal-from electric shock to sleep deprivation-to make Issa
sing. He stuck to his original line: that he had come from Nepal to visit a
relative in Delhi. Only, they refused believe him.
According to the police, the youth from Uttar Pradesh, who had moved to Nepal in
2000 along with his family after his father, Irfan Ahmed, was accused in a
terrorism case, returned to India to set up Lashkar modules in the national
capital. More than six months after he was picked up, the police announced his
arrest on August 14. He has since been shifted to the Tihar jail. His lawyer
N.D. Pancholi said Issa was kept in illegal custody for months. If not, let the
police say where he was between February 5 and August 15, he challenged.
Issa could have been detained in any of Delhi's joint interrogation centres,
used by the police and intelligence agencies to extract precious information
from the detainees using methods frowned upon by the law. As one top police
officer told THE WEEK in the course of our investigation, these torture chambers
spread across the country are our "precious assets". They are our own little
Guantanamo Bays or Gitmos (where the US tortures terror suspects from
Afghanistan and elsewhere for information).
Not many admit their existence, because doing so could result in human rights
activists knocking at their doors and bad press for the smartly dressed
intelligence men. It is a murky and dangerous world, according to K.S.
Subramanian, Tripura's former director-general of police, who has also served in
the Intelligence Bureau. "Such sites exist and are being used to detain and
interrogate suspected terrorists and it has been going on for a long time," he
told THE WEEK. "Even senior police officers are reluctant to talk about the
system." So are people who have been to these virtual hells that officially do
not exist.
THE WEEK has identified 15 such secret interrogation centres-three each in
Mumbai, Delhi, Gujarat and Jammu and Kashmir, two in Kolkata and one in Assam.
(One detention centre that is shared by all security and law enforcement
agencies is in Palanpur, Gujarat.) Their locations have been arrived at after
speaking to serving and retired top officers who had helped set up some of these
facilities. Those who have spent time in these places had no idea where they
are. They were taken blindfolded and were allowed no visitors. The only faces
they got to see were those of the interrogators, day in and day out.
The biggest of the three detention centres in Mumbai, the Aarey Colony facility
in Goregaon, has four rooms. The Anti-Terrorism Squad questioned Saeed Khan
(name changed), one of the accused in the Malegaon blasts of September 2006,
here. He was served food at irregular intervals (led to temporary
disorientation) and was denied sleep. Another secret detention centre maintained
in the city by the ATS at Kalachowky has a sound-proof room. Sohail Shaikh,
accused in the July 2006 train bombings, was held here for close to two months.
"He was kept in isolation for days together," said an officer. "He crumbled
after being subjected to hostile sessions. Intentional infliction of suffering
does not always yield immediate results. Sometimes you have to wait for many
days for the detainee to break. It is a tedious process." The smallest of the
three facilities at Chembur has just two rooms.
Parvez Ahmed Radoo, 30, of Baramulla district in Kashmir, was illegally detained
in Delhi for over a month for allegedly trying to plot mass murder in the
national capital on behalf of the Jaish-e-Mohammed. The Delhi Police's
chargesheet says he was arrested from the Azadpur fruit market in Delhi on
October 14, 2006. But according to Parvez's flight itinerary, he travelled from
Srinagar to Delhi on September 12 on SpiceJet flight 850. The flight landed at
Delhi airport at 12.10 p.m. He had to catch another flight at 1.30 p.m.
(SpiceJet flight 217) to Pune, where, according to his parents, he was going to
pursue his Ph.D. But he never boarded the Pune flight as he disappeared from the
Delhi airport.
Parvez wrote an open letter from the Tihar jail, where he is currently held, in
which he said he was arrested from the airport on September 12 and kept in
custody for a month. Apparently, he was first taken to the Lodhi Colony police
station and then to an apartment in Dwarka, where electrodes were attached to
his genitals and power was switched on. (Delhi's secret detention centres are
located at Dwarka in south-west Delhi, the Inter-state Cell of the Crime Branch
in Chanakyapuri in central Delhi, and the Lodhi Colony police station in south
Delhi.)
"After my arrest on September 12, I was taken to Pune, where I was shown
pictures of many Kashmiri boys," Parvez said in the letter. "They wanted me to
identify them. As I didn't know any one of them, they brought me to Delhi again
and threw me into the torture chamber of Lodhi Road [sic] police station. They
took off my clothes and started beating me like an animal, so ruthlessly that my
feet and fingers started bleeding. I was later forced to clean the blood-stained
floor with my underwear. They gave me electric shocks and stretched my legs to
extreme limits, resulting in internal haemorrhage. I started passing blood with
my urine and stool. Later I was shifted to one flat near Delhi airport [he later
identified the place as Dwarka]. From the adjacent flats, voices of crying and
screaming had been coming, indicating presence of other persons being tortured."
Throughout his detention, wrote Parvez, he was asked to lie to his parents that
everything was fine. In the letter he also gave the mobile number from which the
calls were made-9960565152. His family is trying to collect the call site
details of the number to prove his illegal detention.
Delhi-based journalist Iftikhar Geelani, who spent nine days in the Lodhi Colony
police station after his arrest in 2002 on spying charges, is yet to get over
the traumatic experience. "There are lock-ups with such low ceilings that a
person will not be able to stand," he said. "There is an interrogation centre
within the police station where people are brutally tortured with cables, and
some are completely undressed and abused. They also have a facility to raise the
temperature of the cell to a point where it is unbearable and then suddenly
bring it down to freezing cold."
Assistant Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied the
existence of such facilities. "Nobody ever asked me the question [about secret
detention centres]," he said. "We don't operate any such facility in our police
stations."
But Maloy Krishna Dhar, former joint director of the IB, confirmed the existence
of secret detention centres in Delhi and other parts of the country. He was
convinced that detention outside the police station and torture are an
inevitable part of the war on terrorism. "Now I would never dream of doing the
things I did when I was in charge," said Dhar. "But security agencies need such
facilities." Interrogating suspected terrorists at secret detention centres, he
said, is the most effective way to gather intelligence. "If you produce a
suspect before court, he will never give you anything after that," he said. In
other words, once you record the arrest you are within the realm of the law and
you have to acknowledge the rights of the accused-arrested and contend with his
lawyer.
An officer who worked in one of the detention centres admitted that extreme
physical and psychological torture, based loosely on the regime in Guantanamo
Bay, is used to extract information from the detainees. It includes assault on
the senses (pounding the ear with loud and disturbing music) and sleep
deprivation, keeping prisoners naked to degrade and humiliate them, and forcibly
administering drugs through the rectum to further break down their dignity. "The
interrogators isolate key operatives so that the interrogator is the only person
they see each day," he said. "In extreme cases we use pethidine injections. It
will make a person crazy."
Molvi Iqbal from Uttar Pradesh, a suspected member of the
Harkat-ul-Jihadi-Islami who is currently lodged in Tihar, was held at a secret
detention centre for two months according to his relatives. They alleged that
during interrogation a chip was implanted under his skin so that his movements
could be tracked if he tried to escape. "He fears that the chip is still inside
his skin," said one of his relatives. "That has shattered him."
Kolkata has its own Gitmos in Bhabani Bhawan, now the headquarters of the
Criminal Investigation Department, and the Alipore Retreat in Tollygunj, a
bungalow that is said to have 20 rooms. They were bursting at the seams at the
height of the Naxalite movement, but are more or less quiet now. "A large number
of innocent people, as well as suspected terrorists, have disappeared after
being taken to such secret detention centres," said Kirity Roy, a Kolkata-based
human rights lawyer. "Their bodies would later be found, if at all, in the
fields."
That was how militancy was tackled, first in Punjab and then in Kashmir. Today
no secret prison exists in Kashmir officially after the notorious Papa-2
interrogation centre was closed down. But secret torture cells thrive across the
state. The most notorious ones are the Cargo Special Operation Group (SOG) camp
in Haftchinar area in Srinagar and Humhama in Budgam district. Then there are
the joint interrogation centres in Khanabal area of Anantnag district and Talab
Tillo and Poonch areas in Jammu region. Detentions at JICs could last months.
Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking the
whereabouts of the detainees and the charges against them without avail.
The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who
was picked by the SOG from Alucha Bagh area in Srinagar on May 18. His family
alleged that he was chained up, hung upside down from the ceiling and ruthlessly
beaten up. He died the same night. Following public outrage, the officer in
charge of the camp was dismissed from the service in June.
Maqbool Sahil, a Srinagar-based photojournalist who was held at Hariniwas
interrogation centre for 15 days, says it is a miracle that he is alive today.
"If you tell them [interrogators] you are innocent, they will torture you so
ruthlessly that you will break down and confess to anything," he says.
Human rights organisations are understandably concerned. Navaz Kotwal,
coordinator of the Commonwealth Human Rights Initiative, said that there should
be an open debate on the illegal detention centres. "The US had a debate on the
Gitmos. Our government should come forward and respond to these allegations,"
she said.
No one wants to compromise the nation's safety, but the torture becomes
unbearable, and questionable, when innocent people like the 14-year-old boy
Irfan suffer (see box on page 30). The security of the country and its people is
important and terrorism should be crushed at all cost. But the largest democracy
in the world should also ensure that human rights are not violated.
Dhar defended the secret prison system, arguing that the successful defence of
the country required that the security establishment be empowered to hold and
interrogate suspected terrorists for as long as necessary and without
restrictions imposed by the legal system. "The primary mission of the agencies
is to save the nation both by overt and covert means from any terrorist threat,"
he said. "But to keep the programme secret is a horrible burden."
with Anupam Dasgupta
Forty secret interrogation cells unveil real face of India [The Nation] 05 Jul,
2009
Worlds oldest democracy United States may have been forced to close Guantanamo
Bay detention centre, but the largest democracy India runs 40 such secret
chambers across the country, where suspects are subjected to extreme
interrogation for months and years.
A leading news magazine The Week in its forthcoming issue, accessed by KT News
Service (KTNS), revealed the horror of torture chambers, far from the eyes of
law.
The investigating team of the magazine identified 15 secret interrogation
centres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two in
Kolkatta and one in Assam. Officials admit that there could be more and roughly
put their numbers at 40. In Palanpur region of Gujarat all security agencies
share one detention centre, the magazine report said. It maintained that mostly
suspects were brought blindfolded so they could hardly pinpoint the place,
adding, the only faces they got to see were those of the interrogators.
The magazine quoted Parvez Ahmed Radoo, 30, of Baramulla district, a student in
Pune University, who was illegally detained in Delhi, as saying that he, in his
open letter, from notorious Tihar jail, wrote that electrodes were attached to
his genitals and power was switched on during interrogation in the centre.
A large number of innocent people, as well as suspected terrorists, have
disappeared after being taken to such secret detention centres, said Kirity Roy,
a Kolkata-based human rights lawyer.
The report further said that in Kashmir, there were many interrogation centres
like the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar
and Humhama in Budgam district.
There are the joint interrogation centres in Khanabal area of Islamabad district
and Talab Tillo in Jammu and one in Poonch.
It said that the lawyers in Kashmir had filed 15,000 petitions since 1990
seeking the whereabouts of the detainees and the charges against them without
avail.
The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who
was picked by the SOG from Aloochi Bagh area in Srinagar on May 18. His family
said that he was chained up, hung upside down from the ceiling and ruthlessly
beaten up.
He died the same night.
Quoting KS Subramanian, former Director General of Indian police who had also
served in the Intelligence Bureau, the report said that these sites existed and
were being used to detain and interrogate suspects and it had been going on for
a long time.
An officer, who worked in one of the detention centres admitted that extreme
physical and psychological torture, based loosely on the regime in Guantanamo
Bay, was used to extract information from the detainees.
It included assault on the senses like sleep deprivation, keeping prisoners
naked to degrade and humiliate them, and forcibly administering drugs through
the rectum to further break down their dignity.
In India, Torture by Police Is Frequent and Often Deadly
By Rama Lakshmi
MEERUT, India -- Rajeev Sharma, a young electrician, was sleeping when police
barged into his house a month ago and dragged him out of bed on suspicion of a
burglary in the neighborhood, his family recalled.
When his young wife and brother protested, the police, who did not show them an
arrest warrant, said they were taking Sharma to the police station for "routine
questioning."
"Little did we know that we would lose him forever," said Sunil Sharma, Rajeev's
brother, recounting how he died while in police custody. "Their routine
questioning proved fatal," he added, sitting beside his brother's grieving
widow.
Rajeev Sharma, 28, died at the police station within a day of his detention.
Police said he committed suicide, but his family charges that he was beaten and
killed.
The case highlights the frequent use of torture and deadly force at local police
stations in India, a practice decried by human rights activists and the Indian
Supreme Court. A little more than a decade after Parliament established the
National Human Rights Commission to deal with such abuses, police torture
continues unabated, according to human rights groups and the Supreme Court.
According to the latest available government data, there were 1,307 reported
deaths in police and judicial custody in India in 2002.
"India has the highest number of cases of police torture and custodial deaths
among the world's democracies and the weakest law against torture," said Ravi
Nair, who heads the South Asia Human Rights Documentation Center. "The police
often operate in a climate of impunity, where torture is seen as routine police
behavior to extract confessions from small pickpockets to political suspects."
He said that laws governing police functions were framed under British colonial
rule in 1861 "as an oppressive force designed to keep the population under
control."
Police records show that, two weeks before his detention, Rajeev Sharma made a
electrician's service call at the home of a wealthy businessman. On that day,
the man reported that $500 worth of gold jewelry and about $100 in cash were
missing, police said.
After Sharma's detention, his brother called the police station and was told
that Sharma had confessed to the theft, he said. The brother said he and other
family members rushed to the station and were able to see Sharma briefly.
"His eyes were red, his mouth was bleeding and he could hardly walk. They had
beaten him very badly. That was the last glimpse we had," said Sunil Sharma, 35.
"By the evening, the police informed us that he had committed suicide in the
lockup by hanging himself with a blanket. The suicide story is a coverup; my
brother died of police torture."
The death in police custody sparked two days of rioting and protests in Meerut,
about 45 miles from New Delhi, in the northern state of Uttar Pradesh. Angry
residents surrounded and threw stones at the police station, burned police
vehicles and blocked traffic.
Thousands participated in Sharma's funeral procession; protesters demanded an
open inquest by a panel of physicians and the immediate arrests of those
responsible.
Police conducted an autopsy in private, lawyers close to the case said. But
authorities did issue arrest warrants for the man who said he had been robbed
and for six police officers, an apparent reaction to the unusual popular outcry,
family members and lawyers said. The merchant is in jail, alleged to have
participated in beating Sharma, but the police officers apparently have fled,
authorities said.
Although the Indian government signed the international Convention Against
Torture in 1997, it has not ratified the document. Some members of Parliament
have argued against ratification, saying they oppose international scrutiny and
asserting that Indian laws have adequate provisions to prevent torture. Human
rights advocates said Uttar Pradesh ranks highest among Indian states in the
incidence of police torture and custodial deaths.
Some police officers justify the use of torture to extract confessions and
instill fear.
"The police in India are under tremendous pressure, as people need quick
results. So we have to pick up and interrogate a lot of people. Sometimes things
get out of control," said Raghuraj Singh Chauhan, a newly assigned officer at
the station where Rajeev Sharma died. "After all, confessions cannot be
extracted with love. The fear of the police has to be kept alive -- how else
would you reduce crime?" he added, fanning himself with a police file folder.
A senior police officer in Meerut, on condition of anonymity, openly discussed
torture methods with a visiting reporter. One technique, he said, involves a
two-foot-long rubber belt attached to a wooden handle.
"We call this thing samaj sudharak," the officer said, smiling, using the Hindi
phrase for social reformer. "When we hit with this, there are no fractures, no
blood, no major peeling of the skin. It is safe for us, as nothing shows up in
the postmortem report. But the pain is such that the person can only appeal to
God. He will confess to anything."
Last September, in a written ruling in a case of police misconduct, the Supreme
Court criticized the use of torture. "The dehumanizing torture, assault and
death in custody which have assumed alarming proportions raise serious questions
about the credibility of the rule of law and administration of the criminal
justice system," the court said. "The cry for justice becomes louder and
warrants immediate remedial measure."
In addition, the severity of the torture problem is probably worse than
statistics indicate, because victims, fearing reprisals, rarely report cases
against the police, human rights advocates said.
"About 40 percent of custodial torture cases are not even reported. They are
just grateful for God's mercy that they are alive and free," said Pradeep Kumar,
a human rights lawyer who has represented police torture victims in Uttar
Pradesh. "Torture sometimes leads to permanent disability, psychological trauma,
loss of faculties."
The National Human Rights Commission, led by a retired Supreme Court justice,
has faced criticism that it is too dependent on the government and lacks
enforcement power.
"We have not been able to build a human rights culture in the police force,"
said Shankar Sen, a former police officer and an ex-member of the commission.
"It is not only individual aberration but a matter of systemic failure."
The commission has ordered that cameras be installed in police stations to
monitor and deter police brutality.
"In the past year we have spent about $600,000 to equip most of the police
stations in New Delhi with a camera. This will make police functioning
transparent and have a big impact on torture," said Maxwell Pereira, a senior
police official in the capital.
But critics and families of victims said they had not seen changes. In a
much-publicized case in New Delhi last fall, five policemen were charged with
beating and killing Sushil Kumar Nama at a police station.
Nama had been detained on suspicion that he was working with neighborhood
gamblers. Four of the police officers were arrested in April, but one remains at
large, authorities said. Police officials denied that Nama was tortured, saying
he died of a heart attack after he was released from custody.
"My two children are so traumatized that now they run home scared every time
they see a policeman on the street," said Nama's wife, Rekha, 29. "They know
that danger lurks behind that uniform. They are not policemen, they are wolves."
On the wrong side of law
By Geeta Pandey
BBC News, Delhi
Chunchun Kumar
Chunchun Kumar's wound is still raw
For Chunchun Kumar of Bihar's Nawada district, it was just another evening as he
lounged around at a tea stall in his village along with a friend.
But, then something happened that changed his life.
"It was 17 March of this year. There were six of them. When we first saw them,
they were beating up the temple priest. He was lying on the ground, they were
kicking and punching him," Kumar says.
"Then they started hitting two other men. Then they came into the tea shop and
they beat us black and blue. Then they fired at us."
Kumar lifts up his shirt to show a bullet mark on his abdomen. The wound is
still oozing.
The perpetrators were no ordinary criminals.
Says Kumar, "They were all policemen. I don't know why they were angry. They
were all drunk, they were like drunk elephants, they went on a rampage."
The shocked villagers complained to the police authorities, and the offending
policemen were suspended from duty and arrested.
'Very serious'
Additional director general of police in Bihar Anil Sinha confirmed the
incident.
"Two of the policemen who were inebriated vandalised the tea shop and began
firing despite protests from their other colleagues. They were arrested and,
although they have been released on bail, they are facing criminal charges."
Kumar's fight for justice recently brought him to the Indian capital, Delhi,
where he narrated his story at India's first National People's Tribunal on
Torture.
Activists say torture by police is rampant in India.
"The problem of torture is very serious. Today we have around 1.8 million cases
of police torture each year in India," says Henri Tiphagne of People's Watch, an
NGO.
Policemen in India
The police are often a law unto themselves, say campaigners
Mr Tiphagne says the victims mostly are from the poorer sections of society.
"They are generally the (low-caste) Dalits, the tribals and the Muslims. And
torture is used by those who are in power, those who possess, the landlords and
the companies who put pressure on the police to carry out torture," Mr Tiphagne
says.
Mr Anil Sinha says cases of human rights violations involving the police are
"exaggerated" by activists.
"It's a kind of stereotype being dished out by the NGOs and activists. And
because police have a bad reputation, so people take such allegations to be
correct.
"We do not condone any human rights violations by police in any manner, and such
cases are rare. We have a mechanism in place to deal with such cases and
penalise the guilty," Mr Sinha says.
Shankar Sen, a retired police officer and former member of the human rights
commission, says: "The policeman's work is very complex, there are pressure on
him to deliver results, the police are exposed to extraneous influences and
pressures."
But, he says, that does not condone torture. "It's illegal, and as a policeman I
know it doesn't work."
Mr Sen admits that police torture is prevalent. "Torture does take place, it's
very common, but it's unacceptable. Some allegations against the police are
shocking."
Meenakshi Ganguly of Human Rights Watch says nearly every police station in
India can be held guilty of torture.
'Arbiter of justice'
In many parts of the country, she says, the situation is so bad that people will
not got to a police station to file a case fearing prosecution and retribution.
"There is this pattern of impunity. The fact that police believe they can get
away with it has added to the problem," Ms Ganguly says.
"The greater problem is that an average policeman believes himself to be the
arbiter of justice. Instead of going to the court, he himself is delivering
justice.
Arun Kumar with parents PP Raju and Lakshmi
Arun Kumar's mental age has been reduced to one year
"The policeman is not supposed to punish the criminal, he is supposed to catch
the criminal," she says.
For the victims of torture and their families, it is a long haul.
Arun Kumar of the southern city of Bangalore was picked up by the police after
his employer suspected him of having an affair with his wife.
Kumar's parents, PP Raju and Lakshmi, say their family home was ransacked, Kumar
was taken to the police station where he was beaten up and tortured for days.
Unable to bear the pain and the trauma, Kumar drank pesticides in an attempt to
kill himself.
He survived, but his parents say their son's mental age has been reduced to one
year - he is on medication and requires constant care.
The guilty policeman was suspended for a week, but reinstated later. The family
has a long fight ahead of them.
'Deterrence'
Says Mr Tiphagne, "A case I initiated in 1981 ended in 2007 with the dismissal
of the officer. So I have hope in Arun Kumar's case too."
But, he says, this long wait can be a huge deterrence for even the most
determined.
Henri Tiphagne of People's Watch.
Mr Tiphagne says nearly 2 million cases of torture take place in India every
year
"The torture at the police station ends, but the torture of institutions
continues. It's more of a psychological and mental nature, it is very
challenging. Most people don't have the courage to withstand that, very few
survive that," Mr Tiphagne says.
So while the victims continue to live with the trauma, most of the perpetrators
get away.
They are also emboldened by the fact that India has no clear law on torture.
The country signed the UN Convention on Torture in 1997, but even 10 years
later, it has not ratified it.
"We have to change our culture. We have to create awareness that torture is
illegal. The civil society will have to get involved," says Meenakshi Ganguly.
"People will have to get past the fact that torture happens only to other
people. And once that happens, it will change," she says.
Police
Torture and Police Reform
INDIA: No to torture, establish rule of law!
The first Prime Minister of India Mr. Jawaharlal Nehru said "Police is standing
on a quadrilateral from where they can protect and also violate human rights?"
But it seems that his words are of no use in India today since there is an
enormous increase in the incidents of police torture during past few decades.
It is apparent that police is the largest agency constituted with the purpose of
establishing the rule of law and human rights. One can read into the Indian
Penal Code, with certain difficulty, the prohibition against torture. Statements
recorded from witnesses under Section 161 of the Criminal Procedure Code are not
blindly admissible in a criminal trial. If the law is so, the next obvious
question is then why do the police resort to torture?
The main reasons are feudal and colonial structure of police, scarcity of
resources in the police department, political intervention and the lack of an
independent agency to investigate the crimes committed by the police themselves.
Modern investigation is unheard of within the police department. In addition,
India's feudal society condones the use of torture.
The definition of torture as envisaged in the UN Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as an
"act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a
third person information or a confession, punishing him for an act he or a third
person has committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in
an official capacity."
Section 176 (A) of Cr.P.C. have provisions for the investigation in the each
case of custodial death. However, this section is not used in any case in the
entire Uttar Pradesh state. Neither have any Magistrates issued search warrants
under Section 97 of Cr.P.C. when persons were taken into illegal custody.
The Supreme Court of India had issued guidelines to be followed by
law-enforcement officers at the time of arrest and questioning in the case D.K
Basu vs. West Bengal. It is mandatory for the law-enforcement agencies to
follow, but is been negated in the state. Regarding encounter killings, the
National Human Rights Commission has directed the country's police to register
cases in every case of reported encounter killings. The Commission has also
directed to send it a video of the post-mortem examination in each case of
custodial death. This also is not followed in the state and to the information
of the PVCHR anywhere in the country. The question than is what is the value of
the Supreme Court and the NHRC in the country?
There is a provision for interim relief to be awarded as compensation under
Section 19 of Human Right Act. Article 21 of Indian Constitution guarantees the
right to life with dignity, which is also against torture. But torture
continues unabated in the state. Do laws in the country have any meaning then?
If we look at the statistics, it is mostly the poor, the marginalised, the
Dalits and the members of the minority and backward communities are subjected to
torture. Those who have mafia gangs and known antisocial elements are not
victims of this, cruel practice other than some rare occasions. Only the
ordinary people are afraid of the police and the torture they practice. So does
India have two types of citizens -- the one with rights and those who do not
have them?
Police along with the criminals have established the rule of the lords.
Corruption and discrimination are no more mere practices, but the second nature
of the police. Rule of law can be established without preventing police torture.
Let us come together to enlighten ourselves and fight against torture to stop it
and thus establish rule of law.
What you can do?
1) Protest on 26th June against the practice of torture by street plays,
organising discussions and sending letters to the Prime Minister, and through
press releases in newspapers condemning torture and inform us what you did;
2) Indian Government has signed the UN Convention in 1997 but has failed to
ratify it. Send letters to the Prime Minister and the President of India asking
them to require the government to accede the convention;
3) In protest of the cases of torture happening right under the nose of the
National Human Rights Commission, organise a protest in front of the Commission;
4) Write letters to the editor of publications condemning torture;
5) To sensitize the people about torture and its forms, take down cases that
you come across and send it to us so that we could follow it up on your behalf;
6) Write to the Supreme Court asking why its orders and guidelines are not
followed;
7) Write to the government urging the government to provide resources to the
police to function properly.
Thank you
Dr. Lenin Raghuvanshi
Convener - PVCHR
SA 4/2 A, Daulatpur
221002Varanasi
INDIA
Telephone: +91-9935599333
E-mail: pvchr.india@...
Guantanamo, Abu Ghraib... Bagram?
INVESTIGATION: US detention centre under suspicion as eerily familiar claims OF torture and rendition flights surface from the airbase on the outskirts of
Kabul. by Ian Pannell, BBC Afghanistan Correspondent
NOOR HABIB'S hands shake as he draws a picture of how he says he was abused. He
claims that he was taken to a small, darkened cell where his arms were tied to
the ceiling and he was made to stand in waist-deep water for six hours at a
time.
[Mohammad Nasim says he was asked if he knew Osama Bin laden.]Mohammad Nasim
says he was asked if he knew Osama Bin laden.
He says he was beaten, threatened with dogs, and deprived of sleep. He also
claims there was nothing unusual about his treatment, "everyone else has the
same story".
Habib was an inmate at the Bagram Theater Internment Facility, an American
military detention center outside Kabul. Now, for the first time, detailed
allegations of widespread abuse and neglect have been made about this top-secret
camp.
"I didn't think a prison like Bagram ever existed on earth. It is a place that
has no rules or law," says Sabrullah, another ex-inmate.
Over a period of more than two months, we tracked down 27 former detainees.
There were others, but they were afraid to speak or had been warned not to. Just
two said they had been treated well. Many allegations of ill-treatment appear
repeatedly in the interviews; physical abuse, the use of stress positions,
excessive heat or cold, unbearably loud noise, being forced to remove clothes in
front of female soldiers and in four cases, being threatened with death at
gunpoint.
The account of an inmate known as Dr Khandan is one of the most harrowing. He
says he was kept in isolation for months and treated worse than an animal: "They
deprived us of sleep, they put us in a cold room and turned the air conditioning
on and would take away the blanket. They poured cold water on you in winter and
hot water in summer. They used dogs against us. They put a pistol to your head
and threatened you with death. They put some kind of medicine in the water to
make you sleepless and then they would interrogate you."
All the men who spoke to us were interviewed in isolation and they were all
asked the same questions. They were held at times between 2002 and 2008 and they
were all accused of belonging to or helping al-Qaeda or the Taliban.
None of the inmates were charged with any offense or put on trial; some even
received apologies when they were released. While none of the allegations can be
independently verified, the ill-treatment they describe also appears in an
inquiry by US Senators into the handling of detainees in US custody, and they
match the findings of interviews with ex-inmates conducted by human-rights
organizations and legal groups. They are very similar to the methods that were
used at Abu Ghraib prison in Iraq and Guantanamo Bay in Cuba.
"The conditions at Bagram were harder than Guantanamo," says Taj Mohammed. The
camp has held thousands of people over the last eight years and a new
multi-million dollar detention center is currently under construction.
Most of the inmates are Afghans but some were captured abroad and brought here
under a process known as "extraordinary rendition", including at least two
Britons. The Obama administration says they are dangerous men and it classifies
them as "terrorist suspects" and "enemy combatants" rather than "prisoners of
war".
It is a legal classification that critics say deliberately denies inmates access
to lawyers or the right to appeal or even complain about their treatment.
The Pentagon has denied the charges and it insists that all inmates are treated
humanely. We were not allowed to visit Bagram, nor was anyone made available for
an interview. Instead, a spokesman for the US Secretary of Defense responded to
written questions. Lieutenant Colonel Mark Wright insisted that conditions at
Bagram meet international standards for care and custody. In a statement, he
said: "Department of Defense policy is and always has been to treat detainees
humanely. There have been well-documented instances where that policy was not
followed, and service members have been held accountable for their actions."
The US military said it would investigate any serious claims of abuse, but none
of the men interviewed had been made aware of any formal complaints procedure.
But another former inmate, known as Mirwais, said: "They have no respect for
human beings. They blame others for violating human rights. You just go and see
how they violate human rights."
Since coming to office, president Barack Obama has banned the use of torture and
ordered a review of its policy on detainees, which is expected to report next
month. But unlike Guantanamo Bay, the prisoners at Bagram have no access to
lawyers and they cannot challenge their detention.
Tina Foster, executive director of the International Justice Network, a legal
support group which is bringing a test case in the States to try to win
representation for four detainees, says the inmates at Bagram are being kept in
"a legal black hole, without access to lawyers or courts".
She is pursuing legal action that, if successful, would grant detainees the same
rights as those still being held at Guantanamo Bay, but the Obama administration
is trying to block the move.
Last summer, the US Supreme Court ruled that detainees at Guantanamo should be
given legal rights. Speaking on the campaign trail, Obama applauded the ruling:
"The Court's decision is a rejection of the Bush Administration's attempt to
create a legal black hole at Guantanamo. This is an important step toward
re-establishing our credibility as a nation committed to the rule of law, and
rejecting a false choice between fighting terrorism and respecting habeas
corpus."
Foster accuses Obama of abandoning that position and "using the same arguments
as the Bush White House".
In its legal submissions, the US Justice Department argues that because
Afghanistan is an active combat zone it is not possible to conduct rigorous
inquiries into individual cases and that it would divert precious military
resources at a crucial time. Pentagon spokesman Wright says: "Detention during
wartime is not criminal punishment and therefore does not require that
individuals be charged or tried in a court of law."
Obama has also ruled against an earlier decision to release photos that show
abuse of prisoners in US custody in Afghanistan.
Ex-inmate Esmatullah says he has trouble breathing when he thinks about Bagram,
he gets nervous at the very mention of its name. Like many others, he also
claims that he was beaten and threatened during interrogation: "The Afghan
translator told me he has orders to take out my eyes, break my legs and hands. I
said I am not afraid of dying. Then he hit me with a stick so hard that I had
severe pains in my back for a month and a half."
Unlike Abu Ghraib and Guantanamo Bay, Bagram has received scant attention so
far. The men would like an official apology, recognition of the abuse they say
they have suffered and compensation.
These revelations come at a time when president Obama is trying to re-set
America's relationship with the Muslim world and he is redoubling US efforts to
win the war in Afghanistan. It is a controversy that has already attracted much
attention in the Afghan and Pakistan media and seriously threatens to tarnish
the image of the new Obama administration on both sides of this troubled border.
INDIA: Structural breakdown of the justice system must be addressed
The reports that appeared yesterday in the Indian media quoting 'informed
sources' that the Tamil Nadu state police has decided not to produce detainees
in courts exposes the extent to which the justice institutions have broken down
in India. According to the provisions of the Criminal Procedure Code, 1973 it is
the statutory duty of the state police to assist the courts in the country for
its day-to-day functioning. It is also mandatory for the police to produce the
detainees remanded to judicial custody before the courts, as and when required
by the courts. Any decision by the police, express or implied, against this
official duty must not go unpunished.
The decision of the Tamil Nadu state police is a wilful dereliction of official
responsibility, negation of judicial supremacy and the very function of the
police in maintaining law and order. The Asian Legal Resource Centre (ALRC) and
its sister concern the Asian Human Rights Commission (AHRC) have been
continuously reporting instances suggesting the systematic breakdown of rule of
law in India, particularly concerning the police. The decision by the state
police of Tamil Nadu to disregard the provisions of law, substantiates ALRC's
position that there are apparent and deep-rooted problems affecting the rule of
law in India.
Lawyers engaged in professional misconduct, judges failing to perform duties and
police officers committing crimes, assaulting persons and destroying property
have become the defining characters of the justice dispensation system in the
country. The structural breakdown is apparent. Yet, instead of gearing up to
repair the ruptures, it appears that the government is forcing the people to get
used to the reality.
The approval by the Government of India for recruiting, training and deploying
Salwa Judum, in Chhattisgarh state, in the excuse of countering Naxalite
activities in that state is an example. Salwa Judum is nothing but an armed
mercenary group operating with impunity in Chhattisgarh. The Chhattisgarh state
administration finds it convenient to arm a faction of organised civilians to
fight anti-state movements like the Naxalites. By promoting Salwa Judum, the
state is trying to absolve from its responsibility of maintaining law and order
in its territory.
The Government of India, instead of preventing the Chhattisgarh state
administration from continuing with the deployment of Salwa Judum, insisted yet
another state administration, the Manipur state government, to resort to similar
tactics in 2008. The same practice was implemented years ago in the state of
Jammu and Kashmir during the time of rightwing BJP led government in India.
Neither in Jammu and Kashmir, nor in Chhattisgarh or in Manipur, has the
situation improved since then.
In the past two years, there has been an alarming increase in the number of
extra-judicial executions reported from India. In the Indian context, such
murders are referred to as 'encounter killings'. As of now, there is no legal
framework in the country by which an impartial enquiry and investigation is
possible in a case of encounter killing. The practice is, a superior officer and
later the court, accepts a report sent in by the police involved in the murder
and no further action is initiated. The murder is often rewarded by the
administration, so much so, there are more than three dozen 'encounter
specialists' serving as police officers in various parts of the country.
Impunity for the police to murder and the lack of punishment trivialises the
practice of custodial torture in the country. The practice of torture is
widespread and is accepted as an essential requirement for law enforcement.
On June 15 this year, the Speaker of the Kerala State Legislative Assembly, Mr.
K. Radhakrishnan, declared at the annual conference of police officers of the
state, that the use of third-degree methods by the state police cannot be
condemned. The Speaker during his keynote address argued that it is ridiculous
to insist that the police officers in India respect human rights. According to
him, it is difficult to do policing and respect human rights at the same time.
He made it clear that when the police investigate a crime, it is natural and
often required for the investigating officer to use torture to prove the case.
Among those listening to these remarks were the Director of the State Police
Training College and the Director General of Police.
Breach of law by the law enforcement agencies in the country meets no bounds.
Corruption, nepotism and the disregard to the law flourish within state
agencies, particularly in the police. The society quiver under the writ of fear
when the law enforcement agents commit crimes with impunity. In spite of
repeated and legitimate requests from national and international human rights
groups and the thematic mandates holders of the UN like the Special Rapporteur
on the question of torture, the Government of India has failed to criminalise
the practice of torture or to ratify the Convention against Torture.
In fact, the government has failed in implementing the directives of its own
Supreme Court. The directives of the Supreme Court in the Prakash Singh case are
yet to be implemented in the country. The implementation of the Court's
directives is important for improving the state of policing in India, since half
of the issues concerning the police, including the practice of torture and
participation in crimes by the police officers, are carried out at the behest of
corrupt politicians in the country. Having a law against torture while the
ultimate writ above the police entrusted with a corrupt politician will not
improve policing in India.
It is in this context that the protest called in by the Tamil Nadu state police
becomes relevant in exposing and addressing the situation of rule of law in
India. The very fact that the police can intentionally negate the supremacy of
law shows the vacuum of authority in the country. The incident illuminates the
impunity that the police have enjoyed so far that they have now dared to openly
challenge judicial supremacy.
Instead of actively engaging in the situation, the Tamil Nadu state government
has allowed the police to continue with their follies. The police action on
February 19 inside the compound of Madras High Court that injured police
officers, lawyers, judges, court staff and ordinary persons is not of such
triviality that it could be resolved by a fast declared by the state Chief
Minister. The police-lawyer confrontation and the subsequent sequels of
non-cooperation between three important limbs of the justice dispensation system
of the country is not an issue that can be camouflaged with political gimmicks
and ignored.
The February 19 incident is the clarion call for intervention by a system, which
is left to breakdown and disintegrate. The subsequent protest orchestrated by
the state police refusing cooperation to the functioning of the judiciary is a
failure of the constitutional machinery that require a legitimate intervention
by the Government under Article 356 of the Indian Constitution. The failure of
the Government of India to take affirmative actions to correct and revitalise
its criminal justice system poses legitimate challenges to India's democracy and
the country's position in the UN Human Rights Council.
Match Fixing in Cricket , IPL , Police , Judiciary & Government in India
Match Fixing in Indian Judiciary ? Questions CJI is Afraid to Answer & Crimes CJI is covering-up
http://sites.google.com/site/eclarionofdalit/match-fixing---are-you-sleeping ,
http://sites.google.com/site/sosevoiceforjustice/match-fixing-in-indian-judiciary ,
Failure of duties & questions not answered by public servants
Circle Inspector of Police , Vijayanagar Police Station , Mysore City , Karnataka
http://sites.google.com/site/sosevoiceforjustice/police-not-registering-fir-complaint ,
NICE Corridor Questions to CHIEF MINISTER .Mr.Yediyurappa
Read full questionnaire
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chie\
f-minister
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
Reclaiming The Red Fort
By Sourav Chatterjee
Lalgarh, the arena of the latest of India’s tribal rebellions, has a name that is mildly ironic. Literally translated, it means the “Red fort”, that hallowed seat of the world’s largest secular democracy. But here, in this faraway Red fort, a tribal hamlet in West Bengal, Indian democracy shows a very different face. It bears little resemblance to the tolerant democracy of Gandhi and Nehru, or even the corrupt but benign version of the State that the Indian city dweller is accustomed to. The reality of Lalgarh seems like an anachronism amidst the glitz and glamour of India’s shining new economy. In fact, it seems prehistoric.
Lalgarh’s development statistics are few and little cared for, perhaps a sure sign of Government apathy. The few reports that exist paint a grim picture. 95% of the children between 6 and 35 months suffer from anemia. The average number of working days in 2008-09 under the NREGA scheme was 6.02, 6.72 and 8.06 in the violence affected districts of West Midnapore, Bankura and Purulia1. Merely 6.5% of the population of Lalgarh receives clean drinking, and only 12.5% of the land is irrigated2.
Combine this with the oppressive social picture that is slowly emerging from the media reports at recent times. While the Left Front Government, with its ambitious land reforms program, had managed to transform the feudal hierarchy of the landed gentry, a new hierarchy, consisting of local party leaders and musclemen has taken its place. Nobody exemplifies it better than Anuj Pandey, general secretary of the Lalgarh zone of the CPI(M). Pandey had amassed a fortune as a CPI(M) leader, and his palatial two storey house on a sprawling 20 acre land, stood as the only “pucca” house in the whole village3. Angry villagers razed it to the ground and smashed refrigerators, LCD television and air conditioners in the house in an act of mob revenge, as the movement had finally given them a voice. Anuj Pandey’s story seems to be picked out of a seventies Bollywood flick, in its grotesque excesses and dramatic climax. In collusion with the local leaders are the police, whose stories of oppression are now coming out in the open. In fact, the movement at Lalgarh started out as a protest against police atrocities. Numerous cases of rapes of Adivasi women, strip searches of schoolgirls, police torture of pregnant and elderly women have been reported in the area4.
While there is a broad agreement about the genuine demands of the tribals, it is the form of the tribal resistance that has been questioned, in Dantewada and elsewhere. To civilized India, the violent forms of tribal resistance often appear medieval. However, in Lalgarh, the tribals answered not in the language of the violence that they have been subjected to, but in the language of a democracy, of which they never received any. The “People’s Committee Against Police Atrocities” (PCAPA) came up as a democratic organization, with its modest demands of the apology of guilty police officers and the removal of police camps from schools and Panchayet offices 4. Their political activity was in the form of gheraos, boycotts and peaceful assembly. For the moment, it appeared that a new paradigm in tribal politics was emerging, with West Bengal’s mainstream political opposition Trinamool Congress (TMC) standing behind Chatradhar Mahato.
However, things changed quickly. The democracy of PCAPA was answered not by democracy, but by the primeval brutality of force. The administration did not heed their modest demands. On the other hand, Chatradhar was captured in an illegal manner, and is being held in custody under the draconian anti-terrorism law, POTA. About six months have elapsed since his arrest, but the police have still not been able to produce evidence to back up the charges made against him5. The TMC and intellectuals close to the TMC have also increased its distance from the PCAPA, citing it as a frontal organization of the Maoists, after the party joined the Central Government. Regardless of political affiliations, mainstream political parties have failed to lend any helping hand to democratic voices emerging from the tribal areas. On February 2010, the Government forces led another blow to PCAPA, killing their president, an elderly Lalmohan Tudu, in a suspected “fake encounter”. Tudu was not known to have any Maoist leanings, and was never known to carry arms, not even the traditional bow and arrow that the tribals always carry with them. Various eye witness accounts suggest that an unarmed Tudu, and two of his relatives were picked up from their house shot at by a police force, which was apparently engaged in anti-Maoist operations6.
Thus, the events at Lalgarh, as they unfold before us, clearly suggest the administration’s intention of stifling democratic voices raised against it. There is little disagreement over the fact that the adivasis of Lalgarh have genuine grievances pertaining to the lack of development and law and order in the region. The only solution, albeit a slow one, is to reach out to movements fighting for the Adivasis, establish meaningful dialogue with leaders like Chatradhar Mahato, and most importantly, to make a sincere effort to develop these regions. This would not be difficult for a nation riding on the powerhorse of 8% growth rate. Unfortunately, the State has decided to act otherwise. It refuses to see the rebellion as representing the aspirations of disenchanted masses who the State has failed. Rather, in order to evade the problem, those in power have created their own spin on the turn of events, labeling it as a “law and order problem”. The Maoists suit this purpose just fine, and clubbing all anti-State movements as Maoist allows the administration to go on the path of “extermination”.
The argument equating the tribal resistance to a Maoist uprising is based on entirely false premises. The tribals and the Maoists have a symbiotic relationship at present with regard to their common goal of a fight against an administration that has been unjust to the tribals. The Maoist ideology, attempting a violent overthrow of elected Governments, is not compatible with that of democracy and their mindless violence and destructive ambitions must be dealt with severely, within the ambit of law. However, it would be a grave error to believe that the tribals, who are now the foot soldiers of the Maoists are also stringent believers in the ideology, and unleash a full fledged war aimed to “exterminate” them.
The justifications of violence have been debated long and hard. Violence is not sought for, whichever side it comes from. However, even free India (and every other civilized democracy for that matter), built on the ideals of Gandhi found it difficult to resolve conflicts without violent interventions, both inside and outside the country. The maintenance of law and order, however, one would argue, is legitimized by the authority vested on the State by the people, in a democratic system. What if the people are not represented? What if the State has failed its people, not once or twice, but at each and every instance? Does it still retain that legitimacy? The violence of the tribals is a desperate battle for survival and the violence of the State has lost its legitimacy in these tribal hamlets. The endless debates on the form of the movement are thus a diversion from the real problem. To lose oneself in the quagmire of the morality of violence, without an analysis of its context is dangerous and unproductive. It must be realized that the resistance of the tribals have taken a violent form (and aligned itself with the Maoists) in the absence of development and because of the stifling of democratic means of resentment. The State must respond not with unthinking violence, but with diplomacy and humanism towards its own subjects, who have been wronged for the last sixty years. The use of military power without a functional democracy in place is not the hallmark of a People’s State, but that of a military dictatorship, the last thing that the founding fathers had wished for this country.
References:
1. Sankar Ray (23 July, 2009). “Where have the Maoists gone?” The Statesman.
2. http://sanhati.com/wp-content/uploads/2010/01/lalgarh_fama.pdf
3. Rabi Banerjee (Feb 7, 2010). “Comrade Bourgeois” The Week.
4. Amit Bhattacharya (2009). “Singur to Lalgarh via Nandigram” Visthapan Virodhi Jan Vikas Andolan
5. Sujit Nath and Aloke Mukherjee (March 9, 2010). “PCAPA leader gets bail in most cases” India Today.
6. Tusha Mittal (March 13, 2010). “Attack On CRPF Camp Or Fake Encounter?” Tehelka.
Industry Thrives On Massive Subsidies
By Devinder Sharma
In 2009, when the world was bogged down by economic recession, and some ripples were also felt in the country, India too provided a bailout package, in three installments, totaling approximately Rs 3.5 lakh crore.
While we blame farmers and the people living ‘below the poverty line’ for living on government doles, the fact remains that business and industry receive several times more subsidies and tax holidays. In many ways, the profits that business and industry post every year is directly related to the subsidies they get. And you thought it was economic growth!
In February 2010, when Finance Minister Pranab Mukherjee was to present the annual Budget, the media had launched an orchestrated campaign saying that the economic bailout package should not be withdrawn. You could see almost every TV channel (and the pink newspapers) bombarding day and night how damaging it would be for the national economy if the bailout package was withdrawn.
In my interventions, I did make it loud and clear (to the discomfort of the economists on the TV panels) that the bailout package was not required in the first instance, and should be withdrawn immediately. Subsequently, I heard the Prime Minister say that only 1.5 lakh jobs were created in 2009 against the projected 1.2 crore. I guess this statement was used by the industry and business to defend the need for the continuation of the bailout package.
In my understanding, the bailout package was actually a dole to the industry and business to strengthen its bottom line. If you think that the layoffs in the industry were because of the economic recession, you are highly mistaken. Recession was very conveniently used by the industry to go in for labour-shedding, nothing more than that. Ask those journalists who have lost their job recently, and they will tell you they were laid-off not for reasons of economic meltdown.
I fail to understand how business and industry, at times of an economic crisis, be on an acquisition spree buying companies in Africa, Latin America and Europe. There have been 11 major acquisitions by Indian companies in the recent past. In fact, India has emerged as a major player in global mergers and acquisitions, and surprisingly at times of economic crisis.
Godrej Consumer Products Ltd (GCPL) for instance is now planning to make its 6th global acquisition, this time in Argentina. Since 2000, Tata group has acquired as many as 27 companies abroad at a total cost of over Rs 16,000 crore. The proposed merger between Bharti Telecom of India and MTN of South Africa is billed as the biggest merger in recent times. And so on.
In reality, the economic meltdown provided an excellent opportunity for the rich to amass more wealth. Otherwise there is no way that the world's wealthiest club can grow wealthier at times of an economic meltdown. The financial bailout packages came handy for the rich to accumulate more wealth, and that too in the name of rebuilding the national economy.
Otherwise, how can one explain that the number of billionaires from India has doubled in 2009-2010? Income of the rich doubling at a time of recession is something that is not easily palatable. Let us look at another indicator. Not only had the rich, even the middle class purchased 25 per cent more cars in 2009-2010, buying 1,526,787 cars. I don’t think people buy cars at a time when they have less money in their pocket. In fact, 2009-2010 also saw the highest number of car launches in India so far.
According to Forbes magazine, the richest-of-rich club has 49 billionaires from India, up from 24 last year. Isn't it strange that at a time when the sails were fluttering, the number of billionaires from India should actually double? I don’t understand how can an industry, which could not create more than 1.5 lakh jobs in a year, ensure that its own wealth swells? How can that be possible at a time when the chips were down?
What made the wealth of the richest actually multiply were the bailout packages. It is as simple as that. In other words, the world follows an amazing economic prescription: “Socialising the costs, privatising the profits.” You and me pay for the bailout packages, and the rich pocket it neatly. What we don’t realise is that it is the people who actually subsidise industrial growth. There is no bigger fool than the average citizen, who refuses to understand the corporate manipulation of what is actually his due.
Take the case of Uttar Pradesh government, which has sanctioned a new international airport at Kushinagar, near Gorakhpur. After a lot of deliberations and consultations, the UP government has finally agreed to provide 550 acres of land (out of a total of 750 acres allocated for the airport, and real estate ventures like malls and hotels) at a nominal fee of Rs 100, for a 60 years lease. An acre of land being given for Rs 5.50 paise for a period of 60 years!
Strange that a time of economic crisis, more than 1046 proposals for setting up Special Economic Zones (SEZ) be granted approvals in various parts of the country. Maharashtra and Andhra Pradesh have the largest number of approved SEZs in the country. Large number of SEZs have been granted approval in Tamil Nadu, Goa, Gujarat, Orissa and West Bengal as well. Ten year tax holiday plus a whole lot of concessions make it easier for the companies to make more money.
The Rs 40,000-crore IPL cricket honey pot has also seen freebies being given to billionaires and millionaires. Ironically, this is happening at a time when the government is desperate to bring down the food subsidy bill. The current projected cost, computed on the basis of the proposal to provide 25 kgs to every BPL family at Rs 3 works out to Rs 28,860 crore. It will touch Rs 40,400 crore if the government raises the entitlement to 35 kgs per family. Even in the case of the second scenario, the burden on the exchequer would be lower than the existing Rs 56,000 crore annual food subsidies.
The cost of feeding the hungry must be reduced, and only then can we feed the rich.
This happens every time when the world faces an economic crisis. In 2007-08, when the world was faced with an unprecedented food crisis, the stocks of the food giants swelled to an unprecedented level. The poor went hungry (with the number of hungry going up by another 100 million) whereas the food companies profited. More recently, when India was faced with an unprecedented rise in sugar prices, the stocks of nearly 25 sugar companies went up.
Mainline economic thinking has made it much easier and simple for the corporate and big business to make more money. You don't have to indulge in any financial swindle; the credit rating agencies and the economists do it for you. And that too without the world even questioning what in simple terms means thuggery.
Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313
home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Friday, April 30, 2010
Saturday, April 24, 2010
Match Fixing in India
S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R.. vol.6.issue.18...01/05/10
Editorial : Match Fixing in Cricket , IPL , Police , Judiciary & Government in
Match Fixing in Indian Judiciary ? Questions CJI is Afraid to Answer & Crimes CJI is covering-up
http://sites.google.com/site/sosevoiceforjustice/match-fixing-in-indian-judiciary ,
Honourable Sir ,
HEREBY , I DO HUMBLY REQUEST HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI , INDIA , TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in
Q18.india preaches non-violence , panchasheel principles to the world. In
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rd degree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. 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
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. 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 ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. 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 ?
Q84. 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 ?
Q85. 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 ?
Q86. 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 ?
Q87. 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 ?
Q88. 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 ?
Q89. 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. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. 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. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. 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 ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. 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 ?
Q94. 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 ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. 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 .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. 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 ?
Q108. 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 ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. 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 ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. 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 ?
Q115. 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 ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. 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 ?
Q119. 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 ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. 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 ?
Q122. 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 ?
Q123. 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
Q124. 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 ?
Q125. 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 , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , 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.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. 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.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?
Q150. 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 England ?
Q151. 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 ?
Q152. 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.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
Q154. 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
Q155. 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. ?
Q156. 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 ?
Q157. 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 ?
Q158. 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) ?
Q159. 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 ?
Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
Q162. 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 ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraj.M.R.
A B C D of Denocracy – A Lesson for all people’s representatives
HOW MPs ,MLAs , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION
In india, indirect democracy is the form of governance. In this
form, people's representatives are bound to raise the questions ,
issues concerning their constituents on their behalf , on the floor of
the house. However the sad part in india even after 58 years of
democracy , is the lobbying is at it's peak. The lobbying is a
gentleman's white collared crook's way of forming favour seeker's
group , creating a corpus to pay lumpsum bribe & influencing decision
making.
The people's representatives are bound to represent their people
first , then their party & party think tanks. India has come to this
sorry state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.
Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in india. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.
The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to
it's members to vote in favour of dis investment. However M.P mr.raj
gandhi who is an MBA in his own wisdom also favours the dis
investment. However ,most importantly the constituents – people in
mandya parliamentary constituency through protest marches , mass post
card campaigns lakhs in numbers expresses their disagreement with the
dis investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.
On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 62 years in india.
In democracy, party whip , MP or MLA's own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent's of his constituency , people's wishes aspirations are
of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people's
representatives must be true postmans.
Towards this end , the people must be educated about their
democratic rights & responsibilities. This is an appeal to the honest
few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it's true form.
form, people's representatives are bound to raise the questions ,
issues concerning their constituents on their behalf , on the floor of
the house. However the sad part in india even after 58 years of
democracy , is the lobbying is at it's peak. The lobbying is a
gentleman's white collared crook's way of forming favour seeker's
group , creating a corpus to pay lumpsum bribe & influencing decision
making.
The people's representatives are bound to represent their people
first , then their party & party think tanks. India has come to this
sorry state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.
Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in india. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.
The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to
it's members to vote in favour of dis investment. However M.P mr.raj
gandhi who is an MBA in his own wisdom also favours the dis
investment. However ,most importantly the constituents – people in
mandya parliamentary constituency through protest marches , mass post
card campaigns lakhs in numbers expresses their disagreement with the
dis investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.
On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 62 years in india.
In democracy, party whip , MP or MLA's own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent's of his constituency , people's wishes aspirations are
of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people's
representatives must be true postmans.
Towards this end , the people must be educated about their
democratic rights & responsibilities. This is an appeal to the honest
few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it's true form.
- Another independence struggle in India needed ?
After 63 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, e-voice 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 e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice 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.
CRIMES COMMITTED BY LAW COURTS IN INDIA
- An appeal to honourable supreme court of india
Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals.
Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.
Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.
As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?
The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.
Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.
Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.
Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons.
Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.
The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?
Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?
In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.
In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann't even ascertain the validity of tapes , whether it is edited , doctored .
One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.
The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.
We at e-voice has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk.
Indian judiciary's contempt for accountability and scrutiny is a shame
The Delhi High Court on September 21, 2007 sentenced the editor, the resident editor, the publisher and the cartoonist of English daily Mid-Day guilty in a contempt of court case. The charge against the convicted journalists was that they published a report and a cartoon concerning the former Chief Justice of India, Mr. Y.K. Sabharwal. The report and the cartoon were published after Mr. Sabharwal retired from service.
The report, relying upon documentary evidence, alleged that the judge's two sons Mr. Chetan and Mr. Nitin had made material benefits out of their father's position in the Indian judiciary as a senior judge and also as the Chief Justice of the country. The report alleged that the judge's sons managed their business from their father's official residence at 6 Moti Lal Nehru Marg, New Delhi. The report further alleged that the Chetan and Nitin also availed huge loans from a nationalised bank in favour of their business concerns without providing adequate collateral security. There were also allegations that the judge's two sons were allotted prime land by the Uttar Pradesh state government with heavy price concessions, an act which was under investigation. The investigation was however stayed later by the Supreme Court.
The Supreme Court of India is known for using the constitutional mandate and authority to initiate actions of public interest. The court in the past has even taken note of newspaper reports to initiate suo motu actions against suspected breach of law and misuse of office by public servants. This earnestness and enthusiasm has not been thus far reflected in the Indian courts' approach against scrutinising the activities of the courts and its judges. On the contrary, the Indian courts have been very parochial in its approach in facing criticism.
Earlier this year, the Supreme Court of India had forced Mr. Vijay Shekhar, a journalist with a television news channel, who exposed the caucus of a corrupt magistrate, his court staff and some lawyers in Gujarat state in the "Warrants for Cash" scam to apologise to the court or to face a term in jail for contempt of court. The court staff and the lawyers were caught on camera negotiating and accepting bribe for the magistrate for issuing arrest warrants. In the episode which was telecast nationwide, the magistrate after accepting bribes, issued arrest warrants on false charges against the President of India and the Chief Justice of the Supreme Court.
The Supreme Court took up the matter and directed the Gujarat High Court to initiate an internal enquiry against the concerned judicial officer and his staff. The judge was however absolved by the Gujarat High Court without examining the complainants. Thereafter, the Supreme Court of India condemned the journalist who had carried out this operation and threatened to send him to jail for contempt unless he apologised.
The conviction and sentencing of journalists of Mid-Day for publishing information about the conduct of Mr. Sabharwal has brought to the fore the issue of judicial accountability. The Indian judiciary is one of the most powerful judiciaries of the world. The conduct of the judiciary has a direct impact upon the life of the ordinary people of the country. It is imperative in these circumstances that a state institution of such high powers must be transparent and accountable for its actions. The courts in India have however consistently avoided calls for accountability despite there being many instances of serious allegations of misconduct and misdemeanour. At one time Justice S. P. Bharucha, former Chief Justice of India, admitted that about 20 percent of the higher judiciary in India is corrupt. According to Justice Michael Saldahna of the Karnataka High Court it is 33 per cent. Despite there being such admissions, no enquiry has ever been initiated against any judge for past 15 years.
Under the Constitution of India, the only way to remove a judge from the High Court or the Supreme Court is by way of impeachment. This constitutional provision has failed miserably. Its ineffectiveness was clearly demonstrated in the case of Justice V. Ramaswami. At the same time, despite verbal homilies, the courts and judges have been the most reluctant to evolve even a self-monitoring mechanism for accountability. Such a situation has caused enormous arrogance and abuse of power.
This is reflected in the procedure adopted for appointment of judges in the higher judiciary as well. Even though the appointment is made by the President of India, the selection is made by the collegium of judges. The selection process is non-transparent and all attempts to make the process transparent have been resisted by the judiciary thus far.
Demanding judicial accountability has almost certainly caused initiation of contempt proceedings, thereby, stifling of free discussion on the issues plaguing the judiciary in India. Unwarranted use of contempt of court proceedings in fact diminishes the public perception about the judiciary's openness and transparency, of which the case against the Mid-Day publishing house is the latest.
There are judicial systems within Asia which are considered to be failed beyond the point of recovery. Of this, the most glaring example is the judiciary in Sri Lanka, which is now facing criticism on all counts including politicisation of the judiciary to meet the ends of a corrupt Chief Justice. The Chief Justice of Sri Lanka, an infamous figure in the country, is feared for abusing contempt of court proceedings against anyone who opposes his questionable actions.
The Supreme Court of Sri Lanka has now stooped down to a stage where public perception about the impartiality of the court and its competency to decide matters on merits is at an all time low. As a result the general public views the courts in Sri Lanka as a failed state apparatus which in fact adds to the decades long ethnic conflict in that country.
The term democracy implies the notion that the people are supreme. All state institutions, whether it be the judiciary, legislature or the executive are merely the servants of the people. The basic principle behind the contempt of court proceedings is that the use of this authority by the court must be only in circumstances where otherwise the functioning of the court is impossible or obstructed.
In India under the Contempt of Courts Act, 1971, the term 'contempt' is not defined. Therefore if any person makes adverse comments against the court or a judge, the power to punish for "scandalising the court…" is frequently invoked. This approach is considered obscure in most established jurisdictions.
The contempt of court action must not be an attempt to protect the dignity of the court, but to promote the administration of justice. The dignity of the court is promoted by the court being humble enough to face criticism, whereas promotion of justice is to be carried out by removing all hindrances in the delivery of justice. By the unrestrained use of contempt of court actions the courts in India are in fact derogating from their duty to safeguard the Constitution of the country, which also guarantees freedom of speech and expression in Article 19 (1).
The honour of the judge and the judiciary - a state institution through which a judge is supposed to serve the people - is promoted and protected by the openness of the judge and the judiciary to face any criticism. Intolerance to scrutiny and lack of openness equates the judge and the judiciary with a dictator.
At this pace the Indian judiciary once known for its eloquence and its contribution to the advancement of free thought and expression will soon be reduced to an egotistical institution. Such a judiciary is definitely not what modern India aspires for. India as of today requires a transparent, accountable and sensitive judiciary.
The imperatives for the judiciary in India are obvious. It has a duty to protect, promote and fulfil the Constitutional guarantees. The judiciary must be open and transparent with a clear conscience that it is not beyond criticism. For this, it must be accountable to the people, which it is bound to serve. The judiciary in India is the last hope of a fragmented society, which when fails to respect its responsibilities, will soon bring insurmountable peril to the country and its people.
Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations
The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals.
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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
FAILURE OF INDIAN LEGAL SYSTEM
SALUTES TO KARGIL MARTYRS , NSG COMMANDOS & MUMBAI POLICE
We express our deep condolences to the victims of 27/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists.
At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies. India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe. Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents.
The corrupt public servants network , is oiled far better than italy's mafia. Common man doesn't get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created. The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it's way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it's dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds. Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government's fiscal policies.
Corruption in india has taken root & ever growing , due to the failure of indian legal system. Right from the stage of complaint registration by police to trial of case & final judgement , everything is susceptible to manipulation by rich criminals. The saving grace is still a few honest judges , police are there , who are swimming against the tide of corruption & doing their public duties honestly. In the following articles involving actual cases , one can see the failures of various stages of legal system – registering FIR , investigation of case , prosecution-defense nexus , final judgement , etc .
If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants.
TORTURE CHAMBERS OF INDIA - 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.
Nowadays , we are seeing reports of corruption by police & judges in the media and are also seeing reports of raids by vigilance authorities seizing crores of wealth from such corrupt police. Some Judges have also amassed crores of wealth. Who gives them money ? it is rich criminals , anti-nationals . By taking bribe & hiding the crimes of criminals , the corrupt police & judges are themselves becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors & anti – nationals themselves. When an innocent is subjected to 3rd degree torture to extract truth with justification by investigating agencies that all for the sake of national security , what degree of torture these corrupt , anti-national police & judges qualify for ? what type of aeroplane or helicopter the corrupt police / judges must ride ? ofcourse , for protection of national security. Here also police & judges have double standards , what a shame.
We at e – voice are for "Rule of Law" & abhor all type of violence. Truly these police & judges are not building a Ram Rajya of our Mahatma Gandhi's dream.
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN - By American Citizens
Our country was known as " Heaven On Earth" , "Land of Equality & Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our country. Now USA is known as a "Terror State".
In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al- queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept that these terrorists who murder innocents don't deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public :
1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honourable court to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
Recently , in the issue of last week "The Week" , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi's assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer's money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care.
Recently in the last week , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer's money. While ordinary ordinary Pakistanis were suffering from starvation , lack of health care , etc.
All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN.
Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy , brutality & corruption . in India, police are not impartially enforcing law instead are working as hand maidens of rich & mighty. The corrupt police officers are collecting protection money from criminals , collecting money to go slow on investigations , to file B- reports , to fix innocents in fake cases , to murder innocents in lock-up / encounters . they are hand in league with land mafia , today C.M of Karnataka himself issued a warning to police officials about this. Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks , cigareetes , etc. they get spacious cells & get best private medical care . where as the poor inmates are even denied food , health care , living space as per the provisions of law. The corrupt jail officials instigate rowdy elements in the jails to assault poor inmates & to toe their line. More corrupt the police more wealthier he is. Even CBI officials are no different. The only beacon of hope is still there are few honest people left in the police force.
Hereby , e-voice urges you to make public the following information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are facing charges of corruption , 3rd degree torture , lock-up/encounter deaths , rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police officials?
3.how many officials from the ranks of constable to DGP have amassed illegal wealth?
4.what action you have taken in these cases ? have you got reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till death , for cold blooded murders in the form of lock-up deaths / encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 , subsequent police complaints ? is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject to conditions, are you ready ?
8.how many police personnel are charged with violations of people's human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of inmates in jails?
11.how you are ensuring the medical care , health of prisoners in hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of inmates in juvenile homes ?
DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE
In india , Law is one & same for all , however in it's implementation & enforcement , the public servants are practicing double standards. Poor Innocents are harassed , tortured all in the name of law , rules , technicalities . Whereas , Rich Criminals are manipulating the evidences , records & are going scot free. The Public Servants treat Rich Criminals Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme court chief justice & President of india are hiding information relating to crime , covering-up crimes , violating commoner's human rights , fundamental rights , obstructing citizen from performing their Constitutionally prescribed Fundamental Duties as Citizens of India , no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also becomes a criminal , if a commoner violates the fundamental / human right of a rich person , if a commoner obstructs a public servant from performing his public duties , all those become crimes & he is legally booked for each counts. Why not police registering complaint against the above stated public servants for above crimes. IS IT NOT DOUBLE STANDARD.
POLICE COMPLAINT AGAINST PUBLIC SERVANTS
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India & other public servants
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 india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , 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 India , corruption has spread it's tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one 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 India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence.
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
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 below mentioned public servants viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the governmentof india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.
Date : 04.07.09 your's sincerely,
Place : Mysore nagaraj.m.r.
CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and- run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel NDTV caught both lawyers in a "sting" operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.
"The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case," observed the court, which had taken suo motu cognizance of the expose the day after it was aired.
"Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc," said the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying it would not be "proper" to do so. Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, "the unshakeable truth is that Mr Anand is guilty of criminal contempt of court". Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such "sharp practices". "Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha," noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills — "perhaps the reason why he was appointed Special Public Prosecutor in the BMW case". High expectations over Khan fell apart when his conduct "betrayed the trust that prosecution reposed in him... what he did was perhaps beyond the realm of contemplation of the prosecuting agency".
Chastising the two for their misconduct, the Bench said: "We are not dealing with a young lawyer who, driven by ambition and desire... transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar."
The court forwarded a recommendation that the two be "stripped of their designations as senior advocates". The High Court Registrar General will put up the court's recommendation before Chief Justice AP Shah within a month.
In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi's Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003.
High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi's death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came into spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murdercase
When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence. Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ? The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues.
CASH FOR JUDGEMENT
Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge's house, said today that she was a "victim of a vilification campaign." Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that "some influential persons were trying to shift the focus on her to save the real accused." Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal's clerk "mistakenly" delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court.
"Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month," Justice Yadav said. "I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice." Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had "proceeded on leave." She said she would not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to "maintain the highest traditions of Indian judiciary." Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision. It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role. While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.
"Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh," she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis.
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana's Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal's friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and Delhi- based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge.
•August 22: Justice Nirmal Yadav proceeds on leave
Caught in controversy is Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.
This purchase is said to have figured in the meeting between Justice Yadav and the High Court Chief Justice yesterday. Justice Yadav is said to have told the Chief Justice: "Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh." The purchasers and sellers obtained permission from the Himachal Pradesh Government under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that that the deal had been registered as per the details we have. The land was sold by residents of village including Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a General Power of Attorney to Surinder Kumar (one of the partners among the sellers), who executed a sale agreement in favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi, a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector 11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.
Three booked in judge bribery case
Haryana Addl Advocate General among booked Chandigarh, August 16: Three persons, including Additional Advocate General of Haryana Sanjeev Bansal, were on Saturday booked for an attempt to bribe a Punjab and Haryana High Court Judge. The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh to the residence of High Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based businessman who has a hotel in Karol Bagh. The munshi was taken into custody while a police party has been despatched to Delhi to nab Singh. Assistant Superintendent of Police Madhur Verma said the amount was supposed to be handed over to some other public servant but was mistakenly delivered at Kaur's house. An FIR was lodged after Kaur complained to the police. She also reported the matter to the Chief Justice. Police said Singh had allegedly paid Bansal a huge amount to get settled a criminal case pending in the High Court. The case is due to come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property deal he had struck with a resident of Panchkula. The money was supposed to be delivered to one Nirmal Singh and was mistakenly delivered at the judge's house. Verma, however, said the preliminary investigation had ruled out the possibility of the amount being related to any property deal. "Bansal failed to give a detailed account of the cash. He produced some papers pertaining to some property in Panchkula but that did not carry any weight. Our investigations caught him on the wrong foot and, therefore, we booked him along with two others under the Prevention of Corruption Act and criminal conspiracy," he added. Bansal has been handling several high-profile cases. He is one of the dozen-odd Additional Advocate Generals appointed by the Haryana Government about two years ago.
Corrupt judge in Allahabad High Court by Rajeev
If the Judges go corrupt, then it is GOD who will give one justice when one go to heaven or hell. It is a Irony that I filed a complaint against a District and Session Judge who later promoted to High Court of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice at Rs 100000 per page!! Here I am elaborating what had happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's property and in March 1994 they beat him and pulled his legs( just imagine the pain) making him handicapped for life. Then in court those guys were merely sentenced for 6 months in Jail, but they did not went for the jail for single day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal.
It is a shame on Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years and even then not given the justice. Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta. It is the habit of Parashram and MohanLal to record the conversation while giving bribes on hidden audio recorder and the same cassette can be recovered if the authority try. It is been 8 months since I have informed various authorities by registered letters and phone calls from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance Officer for no action till date and the recording attached is from Sept 2002. Similarly I have spoken with Mr. K. S. Rakhra who was posted as Registrar General but no action till date, and the recoding shown is from Sept 2002 too. Even CBI has forwarded my letter to Registrar General, but no action is taken on that one too.
I have emaild my plea to few High court Judges too for no response. I just hope GOD is there who will give some justice. But the corrupt Judges should stop imitating as GOD they are devil actually. The only solution can be people make a limit. How much money a person needs. I often think about a story that a saint refused to take the food as he already got the food for today and he do not want to collect for tomorrow. But I don't know why people want to generate money for 7 generations. If a careful analysis and investigation is done Umeshwar Pamdey has Black money worth 3 generations. I guess instead of Lakhs and Carore now corruption should be measured in generations.
Education is important. People need to understand the meaning of freedom truly. IF I say boldly India is still not free. People have mentality that they need to pay to Government officials for work. This mentality has to be removed.
Thanks
Rajeev
HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court judge in Rajpipla after receiving several complaints of corruption and favouritism against her. Rajpipla fast track court Judge DL Desai was suspended on Thursday evening after a primary inquiry held by the court's vigilance department said that the complaints against her had substance. Further inquiry against her will be conducted by the department. Besides the complaint of favouritism in Rajpipla, where she was presently posted, the Desai was also accused of similar charges and issuing certificates without proper verification in Bharuch, where the she was discharging her duty as a principal district judge, the High Court authorities said.
The HC administration seems to be seriously taking the issue of corruption prevailing in Gujarat's judiciary, as Desai's is the fourth suspension in last three months. Earlier in May, a judge in Surat's court, AN Vinjhola was suspended after similar complaints against him. The court administration also found him in possession of property out of proportion considering his known sources of income. Last month, two judges were suspended on charges of corruption. The Ahmedabad city civil Judge NM Thakor and KV Kakkad were also suspended by the HC after holding preliminary inquiry into complaints against them. All the four suspended judges are now facing departmental inquiry.
FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER'S EXPENSE
New Delhi: CNN-IBN's exclusive report on some judges using official trips to holiday, has sparked off the debate - should judges be above the purview of the Right to Information (RTI) Act? RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well. Questions are now being asked in South Block, too, following the expose on Supreme Court judges. Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction. "I think the judges must pay or should pay the amount to the government," Bar Council of India Chairman SNP Sinha said in Patna on Wednesday.
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan's 11-day trip to Pretoria, South Africa in August 2007 the route was - Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg, Victoria Falls, where the judge finally didn't go and back to Delhi via Dubai.
Former chief justice YK Sabharwal attended three conferences in 2005 to Edinburgh, Washington and Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days converted into a private visit. The travel plan included a detour from Washington to Baltimore, Orlando and Atlanta, before rejoining the conference route in Paris. The First Class air fare for Sabharwal's entire trip was paid by the government. Activists are now renewing the debate on the RTI act applying to judges as well
RTI activist Arvind Kejriwal said: "It only underscores why the RTI needs to be applied to judges and judiciary." Just like Caesar's wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable.
Failure of RTI Act in India
- In the clutches of corrupt public servants mafia
In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law. The corruption has spread it's tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.
The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa's filing of B reports leading to closure of cases ? In the past how many suffered by srikantappa's actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?
The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it's face value & meat out injustices to the poor , innocents while aiding the rich criminals.
When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given.
Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences. The courts of law before accepting the records of government officials , must subject it to a "test of truth". When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco- analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent's side. In that way , impartially truth can be found out. After all , the objective of courts of law is "Quest for Truth", not just giving out judgements based on reports of corrupt officials.
Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one's case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco- analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.
We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.
In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public's money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don't give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn't safe guard the rights , health , life of victims in custody. The judge doesn't check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of "local citizens vs coca cola company" in plachimada , kerala.
Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company's records , by a team comprising of members from public , court , complainant & respondent ?
Some of these criminal enterprises threaten to finish off the poor victims . as these company's have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims's family or survivors ?
In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ?
JUDGES IN PROVIDENT FUND SCAM ?
NEW DELHI: Faced with accusations having the potential to unhinge the traditional public perception of the judiciary's clean image, the SC on Monday decided to examine the possible mode of probe into the Rs 23 crore illegal PF withdrawal scam allegedly involving 23 judges, including some from the HCs and one from the apex court. The difficult question on the mode of probe was posed by a petitioner, who is the chairman of Advocates Welfare Trust and Bar Association of Ghaziabad — the place where the scam took place — even as CJI K G Balakrishnan had shown faith in the integrity of the judges by asking the UP police, which is probing the scam, to send questionnaires to the judges, whose names allegedly figured in the scam. Unwilling to have the judges interrogated by the police at first go, SC had written to the UP police that if the response of those judges to the questionnaire did not satisfy the probe team, then it could send request for personal interrogation. The request for interrogation in person would be considered on merit, the SC had told the police in a communication. Appearing for the Bar, senior advocate Fali S Nariman flanked by senior advocates Anil Divan and M N Krishnamani expressed concern over the scandal and also pointed out the possible dent in the image of the judiciay if an SHO was seen interrogating a judge. Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M Panchal appeared undecided about the constitution of a committee as suggested by Nariman, it decided to seek the assistance of solicitor general G E Vahanvati to chart out a possible course to deal with the situation.
To keep the proceedings off the media glare, the bench decided to take up the matter in chamber on July 14, when Vahanvati and other senior advocates would make good their assistance to look for a way out of the problematic situation. The petition said one Ashutosh Asthana, the Central Nazir in the judgeship of Ghaziabad, had allegedly confessed before a magistrate about his role in the PF scam and had allegedly mentioned the names of 23 judges who were beneficiaries of the ill-gotten money.
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.
PF SCAM SHAME SHAME CORRUPT JUDGES visit following websites ,
http://corruptmajority.blogspot.com/ ,
http://corruptjudges.rediffblogs.com/
Office for Profit: A Stink You Should Smell
Former Supreme Court Chief Justice YK Sabharwal was involved in dubious judicial deal-making that earned his sons huge profits. So says a group of engaged and credible citizens led by former Law Minister Shanti Bhushan. And they have evidence to back their claims. Sanjay Dubey pieces together their case "The issue of sealing was difficult as on the one hand it was a question of law and on the other of the suffering among the people." This is how Justice YK Sabharwal, the former Chief Justice of India (CJI), described the demolition drive that had brought the nation's capital to a virtual standstill for weeks.
In an interaction with the media on the eve of his retirement in January, Sabharwal singled out the Supreme Court's action against Delhi's shopkeepers as the most difficult decision he had taken as the Chief Justice. He elaborated on why it had become such a huge dilemma for him. "I earned the wrath of my relatives. Yesterday one of my relatives [affected by the sealing order] told me sarcastically that I am a big man. I told him I couldn't solve individual problems."
The anguish with which the former chief justice of India described the sealing drive as the most difficult decision of his career, however, flies in the face of facts unearthed by a committee of equally eminent citizens called the Campaign for Judicial Accountability and Judicial Reforms. The Committee's patrons include such veteran torch bearers of public integrity as former law minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani and the Supreme Court lawyer Prashant Bhushan. Documents gathered from many government departments by the committee cast a shadow of taint over the actions of Justice Sabharwal who, Shanti Bhushan says, "was a very competent judge". (See interview) Contrary to what Sabharwal said, the Committee's findings show that far from earning the wrath of his relatives, "the former chief justice has earned the gratitude of his family," as Shanti Bhushan puts it. The documents — perused by TEHELKA — show that Sabharwal's sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit from their father's orders. His orders, thus, are against the principles of natural justice which say that no judge can hear a case in which he has a personal interest.
According to Shanti Bhushan, instead of excusing himself because of conflict of interest, Sabharwal remained the presiding officer of the sealing case from 2004 till he retired in January 2007. It all flared up on February 16, 2006, the day then Chief Justice of India, YK Sabharwal, passed the order which set in motion the process of sealing of properties being used for commercial purposes in designated residential areas in Delhi. The sealing and demolition drive to implement the court order forced thousands of small and medium-sized commercial establishments to either shut shop or buy or rent premises in malls and commercial complexes.
There were reports of suicides and heart attacks as the government tried to cope with a precarious law and order situation in the capital; it had little choice but to implement the Supreme Court's (SC) orders. Everything was being done in the name of upholding the law — or so it seemed. It now transpires that even as Delhi was bleeding, Justice Sabharwal's elder son Chetan and younger son Nitin, were breaking the law. Documents presented by the Committee reveal that at least two companies owned by Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) were operating from their father's private residence, 3/81, Punjabi Bagh, when the sealing drive was in full swing. Even more surprising is the fact that for the greater part of 2004, Pawan Impex was operating out of 6, Motilal Nehru Place, the official residence of Justice Sabharwal, who was then one of the senior-most SC judges. According to documents filed by Pawan Impex with the Department of Company Affairs, its registered office was shifted from 3/81, Punjabi Bagh to 6, Motilal Nehru Place in January 2004. For the next 10 months, the house of a senior SC judge — Sabharwal — was also the firm's registered office. Documents from the Department of Company Affairs also reveal that on October 23, 2004, the promoter of one of the biggest shopping malls and commercial complexes in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited, was inducted in Pawan Impex as a 50 percent shareholder. On the same day, Pawan Impex's registered office was shifted back to its old address in Punjabi Bagh. Soon thereafter, Chawla's wife, Anjali Chawla, was also made a director in the company. Sabharwal's sons nurtured ambitious real-estate dreams. And they began laying its foundations when they set up a construction company, called Harpawan Constructors, on April 8, 2005. An important decision taken by their father a few days earlier was going to change both Delhi's and their fortunes.
On March 17, 2005, Justice Sabharwal, who at the time was dealing with the case of polluting industries operating in residential areas, ordered that he would now also deal with the case of commercial establishments operating from residential areas. Another bench of the Supreme Court had admitted this case in 2003. In October 2005, another bigwig in the Delhi mall business, Purushottam Bhageria of Fargo estates, joined hands with Chetan and Nitin. He was appointed a director in Harpawan Constructors, as was his brother Madhusudan Bhageria. Soon after this, Bhageria announced his plans to develop Square 1 Mall in Saket in New Delhi. It was touted as one of the largest and most luxurious malls planned in Delhi.
In November 2005, Justice Sabharwal became the cji and by February 16, 2006 when he passed the "most difficult" order of his life to seal the commercial establishments operating from residential areas, his sons were on track to enter the mall and commercial complexes business in a big way, having sewn up partnerships with two of the biggest commercial real estate developers in Delhi. The Sabharwals' commercial complex development business took off thereafter. On June 21, 2006, Pawan Impex's share-capital increased from Rs 1 lakh to Rs 3 crore. Then, on September 30, 2006, the Chawlas of BPTP developers invested Rs 1.5 crore in the company. On August 22, 2006, Pawan Impex was given a Rs 28-crore loan by the Union Bank of India. The loan was secured by mortgaging the "plant, machinery and other assets" lying in plots A-3, 4 and 5 in Sector 125, Noida. But, in fact, there is no plant or machinery here. Instead, a huge it park — Park Centra — worth hundreds of crores is being built by BPTP Ltd.
Sources in the Noida Authority have confided that these three plots (A-3, 4 and 5 in Noida's Sector 125) were allotted to Pawan Impex on December 29, 2004 by the Mulayam Singh government then in power in UP at Rs 3,700/sq. metre, when the market price of commercial land here was at least Rs 30,000/sq. metre. Moreover, a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68) was allotted to another company owned by the Sabharwals, Sabs Exports, on November 10, 2006, at Rs 4,000/square metre. The market price of commercial plots there at the time was at least 10 times as much.
These are not the only plots allotted at throwaway prices to the Sabharwals. On November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and 105) measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/ square metre, when the market price was many times higher. TEHELKA has documents which show that a residential plot in Noida's upscale Sector 44 was allotted to Justice Sabharwal's daughter-in-law, Sheeba Sabharwal, in 2005. It is noteworthy that this plot was part of the Noida allotment SCam — wherein plots were allotted to sundry influential people and their relatives, when in fact they were supposed to have been allotted by a random draw of lots.
An embarrassed UP government cancelled the allotments. The SC for some reason immediately stayed the CBI probe into the allotments ordered by the Allahabad High Court. It is perhaps also significant that Justice Sabharwal himself stayed the publication of the so-called Amar Singh tapes, which were said to have phone conversations that showed Singh in poor light. "Thus, from owning smalltime export-import firms till 2004, the Sabharwals in just two years time got into the business of developing commercial complexes and appear to be rolling in money," the report by the Committee concludes.
All this happened when Justice Sabharwal was a senior judge and then the Chief Justice, dealing with the sealing cases and passing orders which stood to benefit his sons and their partners. The continuing good fortune of the Sabharwals can be gauged by their recent purchase of a property worth several crores. TEHELKA has a sale deed of a house in south Delhi's upscale Maharani Bagh which shows that Chetan and Nitin purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March 2007 from the heirs of former Law Minister Jagannath Kaushal for a stated consideration of Rs 15.43 crore. They gave their father's name as Yogesh Kumar (minus the surname Sabharwal) and their office address instead of their Punjabi Bagh residence address. On May 28, the Income Tax department sent a notice to Pawan Impex seeking details of their business activities, accounts, assets and sources of funds. But the legal experts TEHELKA spoke to feel that the matter is more serious. The conduct of Justice Sabharwal and his sons appears to involve offences beyond the purview of the Income Tax Act. Legal experts, including Prashant Bhushan, feel that the extent to which mall developers funded the asset-acquisition by the Sabharwals needs to be probed.
Several attempts by TEHELKA to contact Justice Sabharwal for his response to the charges went unanswered. The charges made by the committee underscore the need for a National Judicial Commission, an independent body with an investigative arm, which can look into complaints against judges. It only stands to reason that the guardians of the law come under the purview of the same laws they base their judgements on. Justice Sabharwal's Defence Gets Murkier Senior advocate Prashant Bhushan, part of the eminent panel that framed allegations against former Chief Justice of India YK Sabharwal, rebuts the retired judge's rejoinder point by point
Using the strategy of a clever and street-smart defence lawyer, Justice YK Sabharwal's defence of the serious charges levelled against him sidesteps the inconvenient and emphasises the irrelevant to evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him.
CHARGE NO. 1 That his sons' companies had shifted their registered offices to his official residence.
SABHARWAL'S RESPONSE: That as soon as he came to know he ordered his sons' to shift them back.
OUR REJOINDER: This is false. In April 2007, in a recorded interview with the Mid-Day reporter MK Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the Business Park Town Planners Ltd (BPTP) mall developers became his sons' partners, making it very risky to continue at his official
residence.
CHARGE NO. 2 That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. It is only the Chief Justice (CJ)who can assign pending cases to various judges. He was not the CJ at that time. Justice Sabharwal does not answer this charge.
CHARGE NO. 3 That he did this exactly around the time that his sons got into partnerships with mall and commercial complex developers, who stood to benefit from his sealing orders.
HIS RESPONSE: That they were his sons' friends. That Harpawan Constructors which was set up by his sons with the mall developer Purushottam Bagheria did not do any business. In fact the courts under him got Bagheria's 1 MG road mall demolished. That his sons are not developing shopping malls but only an IT park.
OUR REJOINDER: If so many mall and commercial complex developers were his sons' close friends, then he should not have dealt with the case anyway since that creates an immediate conflict of interest. Moreover, why should they go into partnership with these developers who stood to benefit from Justice Sabharwal's orders, and that too exactly at the time when he seizes control of the sealing of commercial property case and starts dealing with it. He says that the company set up by his sons in partnership with Bagheria has not done any business. If so, why was this new company set up for developing commercial complexes in partnership with this builder?
In an interview with Zee News, Justice Sabharwal claims credit for the judiciary under him ordering the demolition of the illegal 1 MG road mall owned by Bagheria. But then why do his sons enter into partnerships with such an illegal builder whose buildings have had to be demolished by the Judiciary? And immediately after this partnership with the Sabharwals, Bagheria went on to announce the construction of "Square 1 mall" in Saket as the most fashionable mall in India. And all the fashion designers who had their shops and outlets at 1 MG road went on to buy space in the Square 1 mall. What is important to note here is that Bagheria and his partners at 1 MG road had already parted with all the space on 1 MG.The demolition thus hurt the designers and others who had bought shops there, but did not hurt Bagheria who may have benefited from it by clearing the land of his tenants and getting them to buy space at his new malls in Saket and elsewhere. An IT park is also a commercial complex like any other. Many commercial establishments sealed were IT centres and BPOs which were forced to buy space in IT parks like that being constructed by his sons and their partners.
CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore to his sons' company: Pawan Impex on a collateral of plant and machinery and other moveables at the site of their proposed IT park, which were non- existent.
HIS RESPONSE: That his sons' had a credit facility of Rs 75 crore.
OUR REJOINDER: If that were the case, what was the need for mortgaging non-existent assets for obtaining this loan? Moreover, the banks' senior manager is on record saying that the loan was given on the basis of projected sales to prospective customers.
CHARGE NO. 5 That because of the obvious conflict of interest, he could not have dealt with this case.
HIS RESPONSE: That his orders have never benefited his sons.
OUR REJOINDER: His orders of sealing lakhs of commercial properties clearly forced those establishments to buy or rent space in commercial complexes like those that his sons' company were constructing; and shopping malls etc that their friends and partners were constructing. There was a clear conflict of interest and his orders have clearly benefited his sons and their partners.
CHARGE NO. 6 That a large number of industrial and commercial plots were allotted in Noida by the UP government to his sons' companies, at prices far below the market price. In particular, several huge plots were allotted between December 2004 and November 2006 by the Mulayam Singh/Amar Singh government, while he was dealing with the Amar Singh tapes case, and had stayed the publication of those tapes on the behest of Amar Singh.
HIS RESPONSE: That some of the plots were allotted by earlier different governments. That the prices were not far below the market price. That the allotments were made in the normal course to his sons who were entrepreneurs and were providing employment to hundreds of people in Noida.
OUR REJOINDER: The allotments are definitely not in the normal course. How can three plots of one acre each be allotted to one company on the same date? In fact, these allotments are made at a time when the share capital of this company was just Rs 1 lakh and it had no track record of making any IT park or doing any business whatsoever. They have been allotted within days of the application with no procedure of draw of lots or any other system being followed, other than a bogus interview. The rate of Rs 3,700 per square metre was far below the market rate, and anybody including us would be happy to buy these plots at three times the allotment rate today. The huge plot of three acres, No. 12 A in Sector 68 (which appears to be carved out later for them) to Sabs Exports in November 2006 at a throwaway price of Rs 4,000 per square metre is also not in the normal course and was similarly made within days of application and a bogus interview, without any other system. Moreover, the allotment has been made at a time when he was dealing with the Amar Singh tapes case and had stayed the publication of the tapes. We would be happy to buy that plot too at three times the price at which it was given to them.
CHARGE NO. 7 That his sons have purchased a 1,150-square metre house in Maharani Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore. The source of money for this is unexplained and in the sale deed they seek to conceal their relationship with Justice Sabharwal by writing his name as Yogesh Kumar and giving their factory address instead of the residential address.
HIS RESPONSE: That 90 percent of the money for the purchase of this house was from four banks; that his sons concealed his full name in the sale deed in order to avoid taking advantage of their association with him.
OUR REJOINDER: Banks do not normally advance loans of 90 percent of the value of a property on its security. Otherwise they would end up holding inadequate security if the property prices fall by even 15 percent. If they have done so in this case, it is either because of an undue favour as in the case of the loan of Rs 28 crore to Pawan Impex, or they valued the property higher than the declared purchase price. His explanation for concealing his name in the sale deed is hilarious and unbelievable since his sons did not hesitate to use his official residence as the registered office of their companies. Moreover, this was in a registered sale deed with a private party, where there was no occasion for taking any advantage by using his name. It is therefore clear that Justice Sabharwal is guilty of serious judicial misconduct and appears to be prima facie guilty of offences under the Prevention of Corruption Act which need to be investigated.
History of Corruption in Indian Judiciary since Independence: 1947 - 2003
1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of
justice…" [008.07].
Such/ similar acts/ behaviours by whom-so-ever including Judges is
since 1971 is covered as an act of Criminal Contempt of Court [041.05
]. Not a single Judge is either Impeached or hauled-up for Contempt
till 1991.
Peoples' Inner Hope Courts to maintain their Majesty & Dignity will
prosecute 1000 Judges in context, who have tarnished & undermined the
Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally
the convinences-N-comforts provided even to innocent citizens or
persons who were not having Rs. 100 to give as Bail. Then they will be
in better position to Transform Jails into Reformation Centres.
Jailing corrupt Judges by Judges , we hope will instill confidence of
people in Courts & law. Who-is-who of India then only will scare to
get into any scam nor Criminals will think of becoming Legislators.
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India
permitted Central Bureau of India to file case of Dis-proportionate of
Income / wealth against Chief Justice Madras High Court Mr. K.
Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years
elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K.
Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty
of several charges. Supreme Court of India also upheld guilty of 3-4
charges ; & recommended to Parliament for further action.
Parliamentarians failed in their Duty to Impeach the Sitting Judge of
Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of
Eminent Constitution makers ; but chose to have unholy alliance with
Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].
Supreme Court which upheld Charges of Mis-Behaviour also , we opine ,
failed to prosecute him under Contempt of Court Act & relevant Laws .
It also failed " To Do Complete Justice" by invoking Article142 .
Criminal Judge was allowed to go scot-free; both by Parliament &
Supreme Court !
Good precedent for other Judges ? If so What kind of message to
we-innocent-Citizens ? For almost complete proceedings in SC &
Parliament: [008.00 ]
1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High
Court was forced to resign in 1995 after it was found that he had
received Rs.70 lakh as book advance from a publishing firm known to
have links with the underworld.
1996 AJIT SENGUPTA: The Calcutta High Court judge made it a
routine to issue ex parte, ad interim stay orders on anticipatory bail
pleas from smugglers having links with the Mumbai underworld. He was
arrested in 1996 for FERA violations after retirement
1994 to 1997: A.M. AHMADI: When he was Chief Justice of India
(October 1994-March 1997), his daughter, a lawyer in the Delhi High
Court, caused eyebrows to be raised for getting "special" treatment
from certain judges. When some members of the bar sought a resolution
banning lawyer relatives of judges from staying in the same house, the
CJI got members to defeat the motion.
2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of
using his position to get the subordinate judiciary to rule in favour
of his wife and mother-in-law in a suit that had been barred by
limitation for two decades.For more: [049.05] [049.05A] [049.05B]
[049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram
Jethmalani's " BIG EGOS, small men ". (b) Supreme Court , while he
was CJI,directed a CBI probe after a dispute arose over his age in
2000. The investigation report was not made public.This arose due to
scan copy published in Ram Jethmalani's " BIG EGOS, small men ".
2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that
a deputy registrar of the Rajasthan High Court had sought sexual
favours for himself and for Justice Arun Madan to "fix" a case in her
favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS:
A committee set up by former CJI G.B. Pattanaik found prima facie
evidence against Madan, who does not attend court anymore. Judge
Resigned
CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought
the help of disgraced PPSC chief R.P. Sidhu to ensure that their
daughters and other kin topped examinations conducted by the
commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh
have resigned M.L. Singh continues, though no work is allotted to him.
2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November
3, 2002, three judges of the Karnataka High Court, along with two
women advocates, allegedly got involved in a brawl with a woman guest
at a resort. The police arrived but reportedly didn't take action.
Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah
.STATUS: The three-judge inquiry committee appointed by the CJI filed
its report. Gave clean chit.
March 2003 - Delhi High Court Judge resigns: Suspected of collusion
with Property Developers. Raids by CBI on corrupt higher officials in
Delhi Development Authority (DDA), found Draft Judgement-N-Court
Records
________________________________________
E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is
ultra vires Article 14 of Constitution of India: " The State shall not
deny to any person equality before the law or the equal protection of
the laws within the territory of India"
Following Questions / Issues, inter alia , arise
( a ) Enquiry in-camera was held contrary to the observations made by,
Constituent Assembly of India in 1949. In its' Impeachment Order had
held thus:"While we are alive to the desirability, in the interests of
the public, of investigating charges against a Judge in open court, we
held the Enquiry in-camera in view of the allegation made in the
affidavits and the circumstances of the case. This mode of proceeding
should not, however, be regarded as a precedent." [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of
Chief Justice of India in Jusice V. Ramaswami's case , Justice
Ramaswami had held that " Inquiring Committee" as well as " Inquiry"
have no basis & force of law. It is reflected in the Report , which
was read-out by CJI to Advocates & publicised , submitted by 3 Judges
Committee thus" Indeed Justice Ramaswami had made it clear to the
Chief Justice that he did not recognise any such Jurisdiction in any
body or authority."
(c) It will not be out-of place to mention here that Two of "Three
Judges Committee " appointed by CJI in Re. V. Ramaswami's case are
alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like
Criminal investigating another criminal .
( d ) If so how sure can we be that " 3 Judges Committee " appointed
to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were
above Board & have presented an accurate Report ?
Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges' Mysore Sex Scandal
( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee
" ( all & sundry material); morefully to know whether any evidence
adduced by many in support of Scam is informed to CJI & Supreme
Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of
Supreme Court which consists of Few corrupt Judges seved in Karnataka
are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies
within Executive Domain like the case Justice K.Veeraswami, in this
case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars
of Constitution " ?.
(d) How long will you try keeping suppressed Crimes of Judges of
Supreme Court & High Courts when Union Law Minister Mr. P. Shiva
Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA
violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice
Of India Justice E.S. Venkataramaiaha admits that "in every High Court
there are 3-4 Judges who are out every evening to Party in Foreign
Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179
) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India
Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges
of India are not corrupt & are above board to be bribed or influnced ?
Then why cases are not filed against 20% of Judges ?
________________________________________
New law needed for witness protection
There is an urgent need to bring forth a bill of right to preserve
and
protect victims' and witnesses' rights, and due process. This is
necessary
to ensure that such persons participate in the legal process without
fear,
so that justice can be assured, says H Suresh.
Combat Law, Vol. 4, Issue 1 - On 8th August 2003, in the case of
National
Human Rights Commission v. State of Gujarat, the Supreme Court
regretted
that "no law has yet been enacted, not even a scheme has been framed
by the
Union of India or by the State Government for giving protection to
the
witnesses." Later on in the case of Zahira v. State of Gujarat, while
transferring what is known as the Best Bakery Case, to Mumbai by its
Order
dated 12th April, 2004, directed: "The State of Gujarat shall also
ensure
that the witnesses are produced before the concerned court, whenever
they
are required to attend them, so that they can depose freely without
any
apprehension of threat or coercion from any person. In case any
witness asks
for protection, the State of Maharashtra shall also provide such
protection
as deemed necessary, in addition to the protection to be provided for
by the
State of Gujarat."
Between August 2003 and April 2004, neither Gujarat nor Maharashtra
had
framed any witness protection scheme. The Supreme Court itself did
not spell
out any guidelines for witness protection in either of these two
cases. The
erstwhile trial in Gujarat was an 'over-hasty stage-managed, tailored
and
partisan trial.' The worst culprit was the State of Gujarat itself
and all
its agencies. The censure and the reprimand, were all directed
against the
State and its modern day Neros. "When fences start to swallow the
crops, no
scope will be left for survival of law and order or truth and
justice.
Public order as well as public interest become martyrs and
monuments." It is
unfortunate that the State of Gujarat itself was entrusted with the
responsibility of protection to the witnesses, as the case stood
transferred
to Maharashtra. The witnesses now are in the same predicament as
before, in
the re-trial that is going on in Mumbai.
It is said that, in India, in most of the cases involving rich
influential
persons or corrupt politicians, crucial witnesses turn hostile,
making the
rule of law, a mockery. Very often witnesses become untraceable.
Sometimes
they are just eliminated.
Recommendations by Commissions
The Law Commission in its 14th Report (1958) referred to
'witness-protection', but that was in a limited sense. That related
to
proper arrangements being provided in the Courthouse, the scales of
travelling allowance, their daily allowance etc. The National Police
Commission Report (1980) again dealt with the inadequacy of daily
allowance
for the witnesses, but nothing more. The 154th Report of the Law
Commission
1996 contains a chapter on Protection and facilities to Witnesses.
The
recommendations mostly related to allowances and facilities to be
made
available for the witnesses. However, one of the recommendations was:
"Witnesses should be protected from the wrath of the accused in any
eventuality", but, again, the Commission did not suggest any measures
for
the physical protection of witnesses. The 178th Report of Law
Commission,
again, referred to the fact of witness turning hostile, and the
recommendations were only to prevent witnesses from turning hostile.
The
Report suggested an amendment to insert S.164 A to the Code of
Criminal
Procedure, as under:
164 A (1) Any police officer making an investigation into any offence
punishable with imprisonment for a period of ten years or more (with
or
without fine) including an offence which is punishable with death,
shall in
the course of such investigation, forward all persons whose evidence
is
essential for the just decision of the case, to the nearest
Magistrate for
recording their statement.
(2) The Magistrate shall record the statements of such persons
forwarded to
him under sub-section (1) on oath and shall keep such statements with
him
awaiting further police report under Section 173.
(3) Copies of such statements shall be furnished to the investigating
officer.
(4) If the Magistrate recording the statement is not empowered to
take
cognizance of such offence, he shall send the statements so recorded
to the
magistrate empowered to take cognizance of the case.
(5) The statement of any person duly recorded as a witness under sub-
section
(1) may, if such witness is produced and examined, in the discretion
of the
court and subject to the provisions of the Indian Evidence Act, 1872,
be
treated as evidence.
No Government has accepted this. The latest is Malimath Committee
Report
which contains a casual statement that a law should be enacted for
giving
protection to witnesses and their family members, without specifying
any
provision or scheme whatsoever.
It is ironic that draconian laws like Terrorist and Disruptive
Activities
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
provided for
protection of witnesses. The prosecution as also the Court could
direct that
the identity and the address of the witness be kept secret. The Court
could
even avoid the mention of the names and addresses in its order or
judgement.
It is generally perceived that these provisions were incorporated not
with
any concern for the witnesses, but to prevent the accused from
preparing an
effective defence and to deny fair trial.
In India, in most of the cases involving rich influential persons or
corrupt
politicians, crucial witnesses turn hostile, making the rule of law,
a
mockery.
Under S.151 and 152 of Indian Evidence Act, 1872, victims and
witnesses are
protected from being asked indecent, scandalous, offensive questions,
and
questions intended to annoy or insult them. Otherwise, there is no
other
provision for protection of witnesses, as against threats,
intimidation or
any inducement whereby they are prevented from telling the truth.
Very
often, when an accused is released on bail, one of the terms and
conditions
imposed by the Court on the accused, is that he shall not tamper the
evidence, or approach the witnesses. This, again, is not as a
provision for
protection of the witnesses, but only to ensure the trial is not
rendered
infructuous. Judges also hold in-camera trials to ensure deposition
by
witnesses without any fear or embarrassment. Recently the Supreme
Court has
permitted recording of evidence by video-conferencing. All these are
inadequate without a specific legal provision guaranteeing protective
measures to victims before the trial and also after the trial.
International Laws
Under the English law, threatening a witness from giving evidence, is
contempt of Court. So also any act of threat or revenge against a
witness
after he has given evidence in Court, is also considered as contempt.
Recently the U.K. Government has a law known as Criminal Justice and
Public
Order Act, 1994 which provides for punishment for intimidation of
witnesses.
S.51 of the Act not only protects a person who is actually going to
give
evidence at a trial, but also protects a person who is helping with
or could
help with the investigation of a crime. Under a similar law in
Hongkong,
Crimes Ord (Cap 200) HK, if the threat or intimidation is directed
even as
against a friend or relative of the witness, that becomes a
punishable
offence.
In the United States, the Organised Crime Control Act, 1970 and later
the
Comprehensive Crime Control Act, 1984 authorised the Witness Security
Program. The Witness Security Reform Act, 1984 provides for
relocation and
other protection of a witness or a potential witness in an official
proceeding concerning an organised criminal activity or other serious
offence. Protection may also be provided to the immediate family of,
or a
person closely associated with, such witness or potential witness if
the
family or person may also be endangered on account of the
participation of
the witness in the judicial proceeding.
The Attorney General takes the final decision whether a person is
qualified
for protection from bodily injury and otherwise to assure the health,
safety
and welfare of that person. In a large number of cases, witnesses
have been
protected, relocated and sometimes even given new identities. The
Program
assists in providing housing, medical care, job training and
assistance in
obtaining employment and subsistence funding until the witness
becomes
self-sufficient. The Attorney General shall not provide protection to
any
person if the risk of danger to the public, including the potential
harm to
innocent victims, overweighs the need for that person's testimony. A
similar
program is in Canada under Witness Protection Act, 1996. The purpose
of the
Act is "to promote law enforcement by facilitating the protection of
persons
who are involved directly or indirectly in providing assistance in
law
enforcement matters" [Section 3]. Protection given to a witness may
include
relocation, accommodation and change of identity as well as
counselling and
financial support to ensure the security of the protectee or to
facilitate
his becoming self-sufficient. Admission to the Program is determined
by the
Commissioner of Police on a recommendation by a law enforcement
agency or an
international criminal court or tribunal [Sections 5 and 6]. The
extent of
protection depends on the nature of the risk to the security of the
witness,
the value of the evidence and the importance in the matter.
The Australian Witness Protection Act, 1994 establishes the National
Witness
Protection Program in which (amongst others) the Commissioner of the
Australian Federal Police arranges or provides protection and other
assistance for witnesses [Section 4]. The witness must disclose a
wealth of
information about himself before he is included in the Program. This
includes his outstanding legal obligations, details of his criminal
history,
details of his financial liabilities and assets etc. [Section 7]. The
Commissioner has the sole responsibility of deciding whether to
include a
witness in the Program.
The Witness Protection Act, 1998 of South Africa provides for the
establishment of an office called the Office for Witness Protection
within
the Department of Justice. The Director of this office is responsible
for
the protection of witnesses and related persons and exercises control
over
Witness Protection Officers and Security Officers [Section 4]. Any
witness
who has reason to believe that his safety is threatened by any person
or
group or class of persons may report such belief to the Investigating
Officer in a proceeding or any person in-charge of a police station
or the
Public Prosecutor etc. [Section 7] and apply for being placed under
protection. The application is then considered by a Witness
Protection
Officer who prepares a report, which is then submitted to The
Director
[Section 9]. The Director, having due regard to the report and the
recommendation of the Witness Protection Officer, takes into account
the
following factors, inter alia, [Section 10] for deciding whether a
person
should be placed under protection or not:
The nature and extent of the risk to the safety of the witness or
related
person.
The nature of the proceedings in which the witness has given evidence
or may
be required to give evidence.
The importance, relevance and nature of the evidence, etc.
In European countries such as Italy, Germany and Netherlands, the
Witness
Protection Programme covers organised crimes, terrorism, and other
violent
crimes where the accused already know the witness/victim.
It is ironic that draconian laws like Terrorist and Disruptive
Activities
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
provided for
protection of witnesses.
A comprehensive witness protection programme is in the Philippines.
The
law, the Witness Protection Security and Benefit Act, aims to protect
witnesses and grant them certain rights and benefits to ensure their
appearance in investigative bodies/court. Protection is given to
witnesses
in cases involving grave offences. Sometimes protection could be
given to a
person who has participated in the commission of a crime but desires
to be a
witness for the State (such as approvers). Before a person is
provided
protection under this Act, he/she shall first execute a Memorandum of
Agreement with the Secretary of Department of Justice, which shall
set forth
the witness' duties and responsibilities such as, but not limited to,
the
following:
To testify before and provide information to all appropriate law
enforcement
officials concerning or arising from the activities involved in the
offense
charged;
To avoid the commission of a crime;
To take all necessary precautions to avoid detection by others of the
facts
concerning the protection provided him under the Act;
To comply with legal obligations and civil judgements against him;
To cooperate with respect to all reasonable requests of off1icer and
employers of the Government who are providing him protection.
To regularly reform the program officials of his current activities
and
address;
To comply with such other conditions as may be imposed by the
Secretary of
Justice.
Once a person/witness has been accepted under the witness protection
program, he/she shall have the following rights and benefits:
To have a secure housing facility or, when circumstances warrant, to
relocation and/or change of personal identity at the expense of the
Program.
To have a means of livelihood and financial assistance from the
Program for
his support and that of his family.
Not to be removed from or demoted in work provided his/her employer
is
notified through a certification to be issued by the Department of
Justice.
Further, he/she shall be paid his/her equivalent salaries or wages
corresponding to the number of days of absence.
To be provided with reasonable travelling expenses and subsistence
allowance.
To be provided with free medical treatment, hospitalisation and
medical
expenses.
If a witness is killed because of his participation in the Program,
his/her
heirs shall be entitled to a burial benefit of not less than Ten
Thousand
Pesos P10,000.00 exclusive of any other benefit he may be entitled
under the
Program.
In case of death or permanent incapacity, his minor or dependent
children
shall be entitled to free education from primary to college level in
any
state or private school, college or university as may be determined
by the
Department of Justice. However, if the witness covered by the scheme
fails
or refuses to testify, he would be liable for contempt and also for
perjury,
if he testifies falsely or evasively.
International Criminal Court
The need for setting up separate victim and witness protection units
in the
trial of mass crimes has been acknowledged in the setting up of
international tribunals to deal with them. The International Criminal
Tribunal for Rwanda has formulated rules for protection of victims
and
witnesses. Similar provisions exist in the Statute for the creation
of an
International Criminal Court (ICC). In most of the cases, witnesses
are the
victims of the crime. And the most vulnerable amongst them are women
and
children. Under the existing system they are mere pawns in a criminal
trial
and there is very little concern for protecting their real interests.
The
protection is necessary so that there is no miscarriage of justice;
but
protection is also necessary to restore in them, a sense of human
dignity
which stands shattered in a situation like Gujarat carnage.
The Declaration of Basic Principles of Justice for Victims of Crime
and
Abuse of Power was adopted by the United Nations General Assembly in
resolution 40/34 of 29 November 1985. According to the first
paragraph of
this declaration, victims of crime are described as persons who,
individually or collectively, have suffered harm, including physical
or
mental injury, emotional suffering, economic loss or substantial
impairment
of their fundamental rights, through acts or omissions that are in
violation
of criminal laws operative in Member States, including those laws
proscribing criminal abuse of power. It is they who need protection.
Urgent Need for a Law
As it is, as we have seen in Best Bakery case, the person who is most
likely
to suffer is Zahira, herself. She had seen the crime; she had seen
the
criminals, but when time came for her to be bold enough to depose
before the
Court, she found that she was in an atmosphere which was wholly
hostile to
her - the prosecutor, the defence lawyer, the accused, the supporters
of the
accused - perhaps the judge whom she was not sure of. The trial
became a
mockery. Later on, when she was resurrected by the efforts of well-
meaning
N.G.Os, and the Supreme Court transferred the case to Mumbai,
apparently
there was a feeling that justice will be done to the victims.
Unfortunately,
she is again caught in the same quandary. So, again she becomes a
hostile
witness, liable for perjury and also liable for contempt of court. Is
there
any legally just and fair solution for this conundrum of these events?
Protection is also necessary to restore a sense of human dignity
which
stands shattered in a situation like Gujarat carnage.
Therefore, there is an urgent need to bring forth a bill of right to
preserve and protect victims'/witnesses' rights, justice and due
process.
Such a bill should include the following: To be treated with
fairness,
respect, and dignity, and to be free from intimidation, harassment,
or
abuse, throughout the criminal justice process.
To be informed, upon request, when the accused or convicted person is
released from custody or has escaped.
To be present at and, upon request, to be informed of all criminal
proceedings where the accused has the right to be present.
To be heard at the time of the granting of bail to the accused and
sentencing.
To confer with the prosecution, after the crime against the victim
has been
charged, before a criminal court.
To receive prompt restitution from the person or persons convicted of
the
criminal conduct that caused the victim's loss or injury.
To be heard at any proceeding when any post-conviction bail from
judicial
custody is being considered by a competent court of law.
To a speedy trial and prompt and final conclusion of the case after
the
conviction and sentence.
To frame rules and provide for a witness protection programme which
will
remain in force not only before the trial, but also thereafter. The
rules
should also provide for recording of evidence of such witnesses,
immediately
on filing the charge-sheet, de-bene-esse-, while the rest of the
trial could
be held in due course. Since tele-conference has been recognised,
such
witnesses could be examined and cross-examined through tele-
conference
methods. AND above all,
To be informed of victims' constitutional rights.
H Suresh
Combat Law, Volume 4, Issue 1
April-May 2005
(published May 2005 in India Together)
H Suresh is a retired judge of the Mumbai High Court.
PROTECTION OF WITNESSES IN CRIMINAL CASES
· JESSICA LAL MURDER CASE & GUJARATH RIOTS
In the 7 year old jessica lal murder case , all the accussed –
children of rich & mighty have gone scot free , for lack of both
prosecution & witnesses. The culprits have forced the witnesses to
remain silent through the use of muscle & money power. The
investigating police official, from the beginning has done roughshod
work & also have played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The presiding judge of the court has overlooked many
omissions & commissions by the prosecution and in a hurry closed the
case , acquitting all the accussed. Reward for judge – promotion as
high court judge. In this way, the police-prosecutor-judge were
together ganged up against the victim from the beginning. Also, the
witnesses were afraid of brute muscle power of rowdies & rowdies in
khaki uniform.
Now, take the gujarath riots case. In the first place riot took place
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were against
the riot victims & closed one case after another, acquitting the
guilty. However the apex court got transferred riot cases out of
gujarath , under public pressure. However, even the apex court failed
to instill confidence , in the prime witness of best bakery case , the
apex court failed to positively reassure the witness of her safety &
livlihood. As a result , out of fear she became hostile- went on
changing her statements.
In this manner, numerous low profile cases involving commonman are
buried , witnesses silenced by the corrupt nexus of police-prosecutor-
judge. They don't even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is needed.
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is needed.how
come some police officials , public prosecutors & judges are leading
luxurious lifestyles, beyond the scope of their legal income?
Recently in the media there was mention of a C.D of alleged
conversation between samajvadi party M.P mr.amar singh & U.P chief
minister , about influencing a high court judge & fixing a case. This
is the way our judiciary functions in india. Rewards for corrupt
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need of
the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of jessica lal murder case.
Reproduced from The Times Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On Innocents
Abhinav Garg / TNNNew Delhi:It's been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.
Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What's more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.
Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.
The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.
The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.
The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.
The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was'nt heroin but just parecetomal.
After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with "field testing kit" to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband.
Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATERWORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313
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