Tuesday, October 29, 2013

Justice Sathasivam PAY Damages

S.O.S   e - Voice For Justice - e-news weekly
Spreading the light of humanity freedom
Editor: Nagaraja.M.R.. Vol.08..Issue.44........02/11/2013


Read  Is  CHIEF  JUSTICE  OF  INDIA  above  LAW  ???
https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law

PAY  UP  Justice Sathasivam -  DAMAGES  PAYMENT  NOTICE TO  CHIEF JUSTICE OF INDIA 

   I don’t  know whether secretariat staff of CJI office  &  DARPG  /  DPG  officials are forwarding my appeals for justice , e-mails to you  or not.  They will be held accountable for their lapses if any.  This notice is against  the repeated failure of constitutional duties  & indirect collusion with criminals by  previous CHIEF  JUSTICEs  OF  INDIA. Notice  is  served against them , to the office of CJI , NOT personally against you. At the individual level  I do whole heartedly   respect honourable  justice Sathasivam.
Please refer my appeal for justice through DARPG ;
DLGLA/E/2013/00292
DEPOJ/E/2013/00679

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

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

1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of  india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER  to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a  citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the  tune of  RUPEES  TWO  CRORE ONLY.

you are hereby called upon to  Pay  damages  to me and SHOW-CAUSE within 30 days , why you  cann’t be legally prosecuted for the above mentioned crimes .

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 government of india is liable to pay Rs. TWO  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  judges , police officials , public servants & Constitutional fuctionaries. Thanking you. Jai Hind , Vande Mataram.

Date :  13.08.2013……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja M R





Chief  Justice  of  India ( CJI  )  a  Criminal  ?                                                                                                                                                                 -  PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

To ,
Honourable Registrar ,
Supreme Court of India ,
New Delhi.

Subject :  PIL  appeal for WRIT OF MANDAMUS  & Disciplinary action , criminal proceedings against  Chief Justice of India

The  chief justice of india is not replying to my repeated  show-cause notices , damage payment notices  nor taking  appropriate legal actions , in time.  However  the public servants take their  thousands of rupees salary & perks  well in time  without fail on 1st of every month.   As a result of continued negligence of  constitutional duties since years  we public are suffering injustices ,  crimes  which could have been prevented are  taking place. There by CJI  is aiding the criminals  in committing crimes & cover up of crimes ,  in the course  becoming a criminal himself.

We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt  elements , anti nationals , traitors  among public servants , among judiciary  & among police who are  greater threat to India’s unity & integrity  than Pakistani terrorists or chinese military.

Information input  forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s  right to expression is violated , his other rights to equality , justice , etc also  are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know  how the public servants are functioning. However till date public servants are hiding  behind the veil of  Officials Secrets Act (which is of british vintage created  by british to suppress native indians). By this cover-up public servants are hiding their own corruption  , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India  , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to  millions  of Indian citizens , due to wrong / illegal work practices of  Indian judges , police & public servants  .   The  information we sought would expose the traitors , anti-nationals , criminals  in public service.  The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , i do request the honourable  supreme court of india , for a Supreme  Court  monitored  CBI  Enquiry  into  this whole issue  as  karnataka police are helpless , they  don't  have  legal powers  to prosecute  high &  mighty , constitutional functionaries. They  have  not even  enquired  the  guilty VVIPs  even  once however Under pressure from higher-ups  they  repeatedly called  me the complainant  to police  station  took  statements  from me  all  for  closing  the  files.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the  questions. 

As  the trial court Judges  cross verify  the  antecedents , history  of  the parties in a case to ascertain  party’s  honesty , integrity  , as the investigating  police officers cross check  the  antecedents , history  of  a  complainant / accussed / witnesses to ascertain  their honesty , integrity of the accussed / complainant  , in the same way  the parties in a case ,  as complainant / accussed / witnesses  have a right to ascertain the  integrity , honesty of  the trial court judge &  investigating  police  officers  to ensure they are not biased  and  provide a fair , level ground.  JAI HIND. VANDE MATARAM.

Date :  06.10.2013                                                       Your’s sincerely ,
Place :  Mysore                                                             Nagaraja.M.R.

Judicial Accountability in India

Kindly go through the following articles & provide justice by giving complete truthful information to us.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has  the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information  is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to  certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , e-voice  seeks complete  truthful information from supreme court of India , with respect to my RTI application appeal no :  APPEAL NO. 91 / 2007. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST & JUSTICE. Hereby ,  we at e-voice  request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & equitable justice.
The above stated public servants have failed to provide full information to us ie e-voice  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.
 JAI HIND. VANDE MATARAM.

Your's sincerely,
Nagaraj.M.R.



To,
Honourable  Chief  Justice  of  India ,
c/o  Registrar,
Supreme Court  of  India,
New Delhi.

Honourable sir ,
Subject :  -  PIL Appeal To Honorable Supreme court of India For Writ of Mandamus
LITMUS  TEST   for   HONESTY   of   SUPREME  COURT  OF  INDIA        
 
AKRAMA SAKRAMA  /  REGULARISATION  OF  ILLEGAL LAND ENCROACHMENTS  ILLEGAL LAND CONSTRUCTIONS   BUILDING BYE-LAW VIOLATIONS  
 KIADB de-notification scandal , BMIC – NICE SCANDAL  , MINING SCANDALS and Threats to RTI Applicant

 Rich builders , crooks in their  greed for more money  ( knowing fully well the illegalities )  have constructed  buildings  on public land  ,  constructed  buildings violating  the building  bye-laws.  Now , those crooks are earning  lakhs of rupees rental income .  The  government  law enforcement agencies  were mum , didn’t demolish such buildings  in time , allowing time for crooks  to  benefit from  anticipated regularisation.  However   the same government agencies  have not shown kind consideration  to  poor  people  who have  constructed temporary  hutments  on public land . Those hutments were immediately demolished & people evicted.

These building  bye-law violators , Land grabbers are not poor people  living below poverty line  earning  only rupees 32  per day as per planning commission of india. These rich crooks don’t deserve sympathy , kind consideration  as they  have committed the crime knowing fully well the illegalities  and they  can  bear the loss due to the demolition of their illegal buildings. The government must  also recover rent & other monetary gains  made out of those illegal buildings by the  builder.

The recent  move of Government of Karnataka  to regularize  building bye-law  violations  &  Public Land Grabbers amounts to :
1.      Rewards  for illegalities , crimes  if  one is rich.
2.      Punishes , demotivates  honest law abiding citizens.
3.      Double standards in law – one set for rich & one set for the poor.
4.      Total  disregard  to safety  of  people  in those illegal buildings  .
5.      Total disregard to safety  of  people  in the neighbourhood  and  people using  roads  passing  by those  illegal buildings.


Judicial Layout Site Allotment – BRIBE TO JUDGES ?


Is the  allotment of  residential plots to Judges @ yelahanka Judicial Layout , a mode of  paying bribe to judges by the biggest litigant government itself & the  corrupt public servants in the government. So that the government can pass illegal laws like “Regularization of Illegal Buildings” , “ Illegal Appointments to Medical colleges in Hassan , Mysore” ,etc &  ministers , IAS officers  can indulge in illegal unconstitutional acts , but the courts will not  take any  appropriate action suo motto or based on any petition. IT IS  MUTUAL HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse , there are honest few exceptions in judiciary & government. We Respect those honest few.


 Just months back , we have witnessed the collapse of a multi storied building in bellary ,Karnataka & we have witnessed  a fire tragedy in a  multi-storey building in Bangalore,  months ago there was collapse of a huge building under construction in Bangalore , all resulting in loss of human lives. Recently we have seen de-notification scam involving VVIPs . All these are the result of violations of Urban Town Planning Laws , Building bye-laws which  are observed more in breach by the criminals & conniving public servants .  The authorities are behaving like real estate agents of criminals , by-passing norms , framing laws to the tune of criminals . Authorities are not honoring RTI requests & even high ranking IAS officer  repeatedly threatens a commoner  seeking information under RTI ACT .

Before embarking on land acquisition for any projects government authorities must plan & assess what are the actual requirement of land for that particular project. After finding out the actual requirement of land , they must  assess the loss of forest area , cost of compensation pay-out , cost of rehabilitation of people , environmental damages & resultant health damages to people in surrounding areas ,it’s resultant losses when the project gets running , if at all the benefits , profits from that project far outweighs the losses ,then only project should be put before the public for their consent. Ministers & IAS officers must not take these decisions all by themselves in a hush – hush manner.

Even when a project is downsized , from the previously approved size , the land left over , surplus land must be given back to the original owner on first priority . The project managers must not sell those surplus lands to third parties for a premium .
Even when KIADB ,BDA ,MUDA & other authorities acquire lands from farmers ,for constructing industrial  parks or residential layouts , etc , has framed comprehensive development plans (CDP) for their respective cities , clearly demarcating land usage pattern . However after acquisition of land , the KIADB , BDA , MUDA , etc are selling those very lands to private third parties for different land usage purposes ,completely violating CDP. Are these KIADB , BDA , BBMP , MUDA ,MCC real estate agents of Rich people ?

Now , consider NICE – BMIC SCANDAL or MINING Scandals , public servants in responsible positions are accusing each other , there by proving that almost all of them are criminals. In democracy , ministers & IAS officers are public servants , MLAs , MPs are not leaders just public servants  - representative of people. They must represent people’s wishes & must order the IAS & other officers to fulfil the wishes of people as per legal provisions.
Information input  forms part of process of one's expression. One's expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person's  right to expression is violated , his other rights to equality , justice , etc also  are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know  how the public servants are functioning. However till date public servants are hiding  behind the veil of  Officials Secrets Act (which is of british vintage created  by british to suppress native indians). By this cover-up public servants are hiding their own corruption  , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India  , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to  millions  of Indian citizens , due to wrong / illegal work practices of  Indian judges , police & public servants  .   The  information we sought would expose the traitors , anti-nationals , criminals  in public service.  The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : "writ of Mandamus" and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the  following   Cross -  Examination / RTI  questions. 

Jai  Hind.  Vande  Mataram.

Date :  06.09.2013                                                Your’s  sincerely,
Place : Mysore                                                       Nagaraja .M.R.




Judicial Layout Site Allotment – BRIBE TO JUDGES ?


Is the  allotment of  residential plots to Judges @ yelahanka Judicial Layout , a mode of  paying bribe to judges by the biggest litigant government itself & the  corrupt public servants in the government. So that the government can pass illegal laws like “Regularization of Illegal Buildings” , “ Illegal Appointments to Medical colleges in Hassan , Mysore” ,etc &  ministers , IAS officers  can indulge in illegal unconstitutional acts , but the courts will not  take any  appropriate action suo motto or based on any petition. IT IS  MUTUAL HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse , there are honest few exceptions in judiciary & government. We Respect those honest few.





Edited, printed , published owned by NAGARAJA.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017INDIA… cell :09341820313 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,
A   Member  of  Amnesty  International   

Monday, October 21, 2013

TORTURE by Doctors

S.O.S   e - Voice For Justice - e-news weekly
Spreading the light of humanity freedom
Editor: Nagaraja.M.R.. Vol.08..Issue.43........26/10/2013



TORTURE  BY  DOCTORS  

Medical torture describes the involvement and sometimes active participation of medical professionals in acts of torture, either to judge what victims can endure, to apply treatments which will enhance torture, or as torturers in their own right. Medical torture may be called medical interrogation if it involves the use of their expert medical knowledge to facilitate interrogation or corporal punishment, in the conduct of torturous human experimentation or in providing professional medical sanction and approval for the torture of prisoners. Medical torture also covers torturous scientific (or pseudo-scientific) experimentation upon unwilling human subjects.



Legal  prosecution  of  cruel  &  inhuman  STF  police  personnel
-       An  appeal  to H.E. HONOURABLE  GOVERNOR  OF  KARNATAKA


During “catch forest brigand veerappan operation” , Special Task Force
police personnel  , illegally arrested , detained , tortured &  murdered innocent tribal people of both tamil nadu & Karnataka states. NHRC  has clearly noted the crimes of STF personnel & ordered both  Karnataka & tamil nadu governments to pay compensation to victims of  police atrocities. However still some of these victims are not yet  paid compensation by these governments , why ? also , the government  instead of legally prosecuting guilty police officers on murder  charges , has given  awards & promotion to guilty inhuman police  officers. Is the government sending a message that 3rd degree torture  & murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for common people ?

Hereby , we do once again request your kindself , to dismiss guilty  police officials from police service , to withhold their pension benefits ,  to legally prosecute them on charges of murders of  innocent tribal people & on charges of attempt to murder innocent  tribal people by 3rd degree torture methods. Hereby , we also request  you to make public  JUSTICE A.J. SADA SHIVA COMMISSION’s findings  about atrocities by STF personnel.
To order the prison authorities to subject the four convicts, accomplices of Veerappan to Narco analysis & Bran mapping tests in a fair manner with unbiased questionnaire.

So that truth will come out about Ex-Minister Nagappa's Murder  case, Amount of Ransoms paid during all kidnap episodes including Movie star Raj Kumar's kidnap episode. Truth will come out about the Minister M.L.As. M.Ps. Police & Forest Officials who have stacked away riches by helping him. Truth will come about Granite quarry  owners who helped him. Truth will come out about traders, merchants who traded in goods , sandal wood , Ivory supplied by forest brigand Veerappan.


To order the Govt of Karnataka , to make public the Justice A J  Sadashiva's commission's final report & complete proceedings . Then the truth will come out, how the STF personnel, police tortured tribal people at a place called WORK SHOP IN M M HILLS how they gang raped tribal women repeatedly for days together, how they burnt their breasts, how they pushed sticks smeared with chilli sambar powder into their anus. How the police tied men folk upside down from the ceiling . How many died, unable to bear the shame & torture ? Are not these brutal inhuman STF police personnel fit to be hanged till death, along with four accomplices of Veerappan ?


To order the National Human Rights Commission to make public the findings of its independent enquiry conducted about the police torture on tribal people. Violations of human rights of tribal people in the forest brigand veerappan's Territory i.e. M M Hills.


Jai Hind. Vande Mataram.

Your’s Sincerely,
Nagaraja.M.R.

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

Recently, it has been reported in the media , how in gujarath state  high ranking police officials took SUPARI to murder & committed the  murders by giving it the name of encounter. Nowadays , it has become  common place that police take law into their own hands , settle  scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must be first thought the lessons of law before enforcing  it. The murderers , criminals in police uniform must be punished at  the earliest.
At the outset , HRW salutes the few honest police personnel who are  silently doing their duties inspite of pressures , harassment by  political bosses & corrupt superiors , inspite of frequent transfers ,  promotion holdups , etc. overcoming the lure of bribe ,those few are  silently doing their duties without any publicity or fanfare. we  salute them & pay our respects to them and hereby appeal to those few  honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just  holding onto a thread of clue. Based on that clue they investigate  like "Sherlock holmes" and apprehend the real criminals. nowadays ,  when police are under various pressures , stresses – they are  frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock  holmes , to cover-up his own inefficiency he uses 3rd degree  torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame  innocents & to extract false confessions from them , 3rd degree  torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher- ups need very quick results – under work stress I.O uses 3rd degree  torture on innocents.
Nowhere in statuette books , police are legally authorized to punish let  alone torture the detainees / arrested / accussed / suspects. Only  the judiciary has the right to punish the guilty not the police. Even  the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to  kill them.

There is a reasoning among some sections of society & police that use  of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false  & biased. Take for instance there are numerous scams involving 100's  of crores of public money – like stock scam , fodder scam , etc  involving rich businessmen , VVIP crooks. Why don't police use 3rd  degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-  pocketer to recover hundred rupees stolen ? double standards by  police.

In media we have seen numerous cases of corrupt police officials in  league with criminals. For the sake of bribe , such police officials  bury cases , destroy evidences , go slow , frame innocents , murder  innocents in the name of encounter , etc. why don't police use 3rd  degree torture against their corrupt colleagues who are aiding  criminals , anti nationals ? double standards by police.  All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like  scarecrows before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like  polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.

Hereby we urge the GOI & all state governments :

1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter  killings.
2) To dismiss such inhuman , cruel personnel from police service and  to forfeit all monetary benefits due to them like gratuity , pension ,  etc.
3) To pay such forfeited amount together with matching government  contribution as compensation to family of the victim's of 3rd degree  torture & encounter killings.
4) To review , all cases where false confessions were extracted from  innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose  jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a  torture free climate to all parties , witnesses in cases before his  court.
7) To make public the amount & source of ransom money paid to forest  brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA".
9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias  against suspects rich or poor.
10) To include human rights education in preliminary & refresher  training of police personnel.
11) To recruit persons on merit to police force who have aptitude &  knack for investigations.  

12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of  political bosses. Such body must be empowered to deal with all service  matters of police.
14) The political bosses & the society must treat police in a humane  manner and must know that they too have practical limitations. Then on  a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of  biggies & must be put on detective , investigative works.

Violence and the ethical responsibility of the medical profession
Amar Jesani


Prof. Upendra Baxi, a well known expert on law and a former vice chancellor of Delhi and South Gujarat universities, in his comments on Women’s Studies in the ICSSR Newsletter seven years back, made some incisive and disturbing comments on the coverage of violence in social science discourses in India. “Mainstream social sciences in India have altogether ignored the fact that India is a very violent society. There do not exist even pre- theoretical discourses on violence in India. Compared with the practice of violence in India, there is a total denial of discourse on violence.”1
Health care professionals have fared even worse than social scientists.
The concern for violence is conspicuous by its virtual absence in medical discourses. The special medical needs and rehabilitation of victims and survivors of violence are hardly ever discussed by doctors. Is this because health care workers do not come in contact with the victims and survivors of violence? The answer is a categoricalno. Violence invariably inflicts physical or psychological trauma and in any violence, the victims and survivors come in contact with health care workers, the last and extreme contact being established during autopsies on victims of violence. The apathy of medical personnel is all the more disturbing simply because of the many professions in our country, medicine has the greatest claim to nobility, compassion, humanity, rationality and scientific attitudes.
Unlike some extremely backward countries, we have nearly a million (9,27,624 in 1991) formally trained doctors, 42% of whom are trained in modern medicine - a ratio of one doctor for less than a thousand persons in the country as whole and one doctor for less than five hundred in the urban areas. An estimated 85% of all trained doctors work in the private sector3. Yet, the conscious response of the profession to one of the bigger epidemics of violence in recent times in our country has been grossly inadequate. We have either shown plain indifference or clumsy and ad hoc crisis management when faced with violence. This does not auger well for a profession claiming to have scientific basis for its practice. The implied failure in discharging social responsibility raises ethical questions for the profession at large in the country.
Violence and the medical profession
The science of medicine incorporates sociological and epidemiological understanding. Medicine, and for that matter any science, not geared to real social andepidemiological issues loses its humanitarian content. The violence described and documented by voluntary groups is not that by common criminals. The violence covered here includes the deprivation of human and democratic rights, is associated with social and political mobilisation, is often inflicted on helpless, oppressed, unarmed or innocent persons and has notable ideological underpinnings. There are strong, extreme and sometimes genuine differences within the social groups on the attitude society should take on the subject. One finds strong defenders (and opponents) of third degree methods, an euphesism for torture, almost routinely employed by the police. Similar divergence prevails in debates on caste, communal, gender and other forms of violence.
One’s social position and ideological orientation, rather than the fact of the violence and the plight of victims and survivors, seem to determine the stand taken on violence. Of course there is also a big segment that has either become emotionally numb due from excessive exposure to violence or is indifferent as at present it is not directly affected.
Such trends prevail in the medical profession as well. To what extent is the attitude of doctors to violence shaped by their social positions and ideological orientation? There has been very little research on doctors’ attitudes on violence and the extent to which individual biases get reflected in medical practice. Some indication on what is happening at the ground level within the profession is available from the recent reports of various local, national and international groups. These reports were prepared for specific purposes and their findings on the acts of commission and omission cannot and should not be generalised. Nevertheless, they do serve as pointers. The few examples given below on postmortems and torture and rape are purposefully selected by me in order to illustrate issues. I understand that there is always the other side to every story.
(a) Autopsy: The way autopsies are conducted, findings recorded and access to reports denied has been a bone of contention for long. There have been reports in the press about the pressure exerted on doctors by the police to give findings favorable to them. The death of Dayal Singh in police custody made the Resident Doctors’ Association of All India Institute of Medical Sciences (AIIMS) protest against such pressure. This is referred to in Amnesty International’s (AI) report titled Torture, Rape and Deaths in Police Custody4. The autopsy reports on two nuns murdered in a Bombay suburb and the role of doctors in unscientific inter F retation of its findings is also fresh in many minds5. On study of autopsy reports on victims dying in police custody and on so- called deaths during ‘encounters’ in the past few years, I found several disturbing issues which have grave implications on the unethical behavior of doctors conducting autopsies:
(1) Autopsies are generally conducted by police surgeons in police hospitals to which lay people and other doctors have no access. An independent medical audit of work being done there is unheard of. This situation is neither conducive to good science nor to ethics.
(2) A study of autopsy reports (no such study is available, hence the need for it) of victims of violence would probably show incomplete and unscientific documentation. The Supreme Court had to order, in 1989, that all postmortem examinations held at AIIMS be standardised. On making inquiries I learn that this Court order has remained inadequately implemented.
There is a crying need to adopt (with suitable modifications) the United Nations’ manual on the effective prevention and investigation of extralegal, arbitrary and summary executions.! Such routine, standardised and scientific investigation by the medical profession would go a long way in checking arbitrary killings and in upholding medical impartiality and neutrality’
(3) There is also need to make the whole process more accessible to other doctors and the public. The profession could allow a doctor appointed by the relatives of the deceased to remain present at autopsy. They should make the official report available to the family doctor and the patient’s relatives. This is an issue on which the profession can easily assert its authority.
(b) Torture and rape: There have been numerous official denials that the so- called third degree methods of interrogation or torture are practiced by our police and security personnel. The evidence accumulated so far does not support such a claim. Some of the retired police officers, reared in the old school of correct policing, have publicly criticised the ‘new methods of policing’ which condone the use of torture, illegal detention and tampering with records and in worst cases even condone execution of hard core criminals by police officers7.
AI’s report (1992) cites 13 cases of custody deaths due to torture in the period 1985- 89 in Maharashtra. A Bombay newspaper reported a study by the prestigious Karve Institute of Social Work, Pune giving the toll of custody deaths in Maharashtra in 1980- 89 as 1558. On inquiry I find that of these 155 deaths, 102 had taken place in the five year period 1985- 89 for which AI had reported only 13. On analysing the causes of the 155 custody deaths, I find that only 9.7% (15) were admitted as due to police action, 44.5% (69) were attributed to suicide or acts of the accused, 7% (11) to acts of the public, 22.6% (35) to disease and illness. 13.6% (21) were termed natural deaths and in 2.6% (4) the cause was not known or record not available. I was astonished to learn some of specific causes listed: alcohol consumption (9 cases), hanging (45), jumped in well (3), jumped under the train (2), jumped under the awtorickshaw (3), jumped under the bus (l), fell from the cot (l), skin disease (l), giddiness (l), unconsciousness (1) and so on. Given the norm that every death in custody ought to be investigated- and proper autopsy done, such causes are not only incomprehensible but also lead to suspicion about a larger proportion of deaths due to torture.
In an investigation of death in police custody in Bombay, I, along with two journalists and a lawyer, found that the young victim accused of petty theft was in the course of interrogation brought to the hospital in a serious condition with, as per hospital records, inflicted injuries on his wrists and thighs typical of torture, bloody vomiting, pain in the region around kidney etc. He was given some treatment and asked to go back to his cell by the doctor. It was also found that the doctor had taken case history and examined’his patient in the presence of the police officer who had accompanied the victim.
The doctor did not consider the presence of the police as violating the doctor- patient relationship. He insisted that he did not suspect torture as the victim never reported it to him. The victim died in his cell.
Similar findings were made by us in an investigation of a victim of gang rape wherein, inspite of the visible signs of injuries around the vagina, which could make any medical person suspect rape, the male doctor turned away the patient after treating her injuries simply because the woman could not tell him that she was raped’. The woman had reported rape to the nurse on duty but could not communicate this to the male doctor.
In another case of custodial gang rape and torture of a tribal woman by police in Gujarat, the commission of inquiry constituted by the Supreme Court found that two doctors at the government hospital were guilty of shielding the policemen and issuing a false certificate10
These examples only represent the tip of the iceberg. Doctors who come in contact with survivors and victims of violence are not always conscious accomplices in ignoring or covering up the cases. I have been given the following reasons for non- reporting and conspicuous silence by medical doctors on torture and rape:
(1) A section of doctors involved are plainly ignorant about this aspect of medical work. If it is true that it never occurs to a doctor that a policeman should not be allowed to remain present during the doctor- patient interaction, or that certain signs and symptoms should make him/ her suspicious of possible torture, it shows crass ignorance in the profession and a grave lacuna in their training.
(2) Another section is indifferent to the plight of sufferer due to their own social biases against the victims and survivors. Such indifference is also produced by social pressure to conform to the dominant belief. In cases of torture inflicted on persons labeled as terrorists, I have found doctors faithfully treating the injuries of the victims but showing great reluctance in mentioning torture due to the fear of being seen as opposed to the state’s efforts at fighting terrorism and separatism.
(3) A third section simply believes that by being in the employment of the government, the police department or the prison, they are bound by the orders of their superiors and feel that the code of their service does not allow them to ‘blow the whistle’.
The profession has failed to take the unequivocal position that when a doctor has to choose between an administrative order and professional ethics, the latter must prevail. The profession has also failed to protest when doctors are transferred as punishment for cri ticising gimmicky and unscientific measures taken by the authorities during epidemics, or when security forces harass and raid hospitals, interfering with the treatment of patients as in Kashmir11. Such lack of collective assertion of professional independence and neutrality on crucial issues has left individual doctors defenseless, cynical and by default subservient to the authorities.
(4) Another reason for doctors’ apathy to these issues is their unwillingness to ‘get involved’. Many remark, “We are doctors. We treat illness. We are not interested in torture or rape.” This is both inadequate science and poor ethics.
Treatment, rehabilitation and documentation
Recognition of the fact that the reported instances of torture represent only a tip of the iceberg emphasises the need to document the problem in a systematic manner. There is a need to put together experiences in treatment and rehabilitation of such victims, create a clearing house for such information to be disseminated among interested professionals, and thus systematise corrective medical intervention.
This would also provide precious information on the extent of problem encountered, the individuals and agencies (state, terrorists, armed groups, gangs) involved in torture, type of people affected, type of torture methods used and so on. This information in turn would sensitise the profession and make it easier for medical associations and groups to successfully campaign for rooting out conscious or unconscious complicity of doctors in torture or its cover up. Such information will also sensitise other professionals in the media, law, social work etc. to play active and meaningful roles in creating public awareness, in punishing the guilty and in rehabilitating survivors.
Code of medical ethics and torture
The code laid down by the Medical Council of India is a good but greatly neglected document. Despite debates about commercialisation and sensational revelations in the press on various allegedly unethical practices by doctors, very little has been done by the medical associations to popularise and enforce this code.
Although the principles enunciated in the code are universal and exhort doctors to refrain from participating or colluding in anything that harms the individual, there is a need to make them specific and directive, particularly in relation to the victims and survivors of violence. This could be easily done by incorporation of the international declaration on the subject in our code.






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