Spreading the light of humanity & freedom
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
Honourable Chief Justice of India & Others
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
Why death sentence to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
Requests for right , unbiased prosecution , equitable justice for all.
A. What action against dawood Ibrahim & tiger memmon ? what action against ministers , police , film personalities who have ties with dawood & attended parties hosted by dawood @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals ? biased law enforcement.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . 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.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.
The arbitrary application of the death penalty can never be ruled out
The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.
The death penalty is incompatible with human rights and human dignity
The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.
Public opinion is not a major stumbling block for abolition
Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.
Addressing law students of JSS Law College at an orientation programme here on Monday, he rued that the justice system is biased against socio-economically backward classes. "There have been instances where many rich and popular personalities committed similar crimes but went scot-free," he noted. There are certain loopholes in the legal system. Academicians, legal parishioners and law students must work towards bridging these gaps and bringing about the desired change in the system, he added, calling upon budding lawyers to follow ethics in their professional and personal lives.
College principal K S Suresh said the country has nearly 4 crore cases pending before the court, due to delay in settling them. Though there are nearly 13,500 courts and two dozen high courts, at this rate, it will take about 100 years to clear the pending cases, he said while stressing on the need to deliver speedy justice. MLA Vishweshwar Hegde Kageri said society has immense faith in the judicial system and called upon the legal fraternity to live up to people's expectations
"We owe something to society. We cannot ignore the interest of society. We care for it. We have to keep in mind society's cry for justice in 'rarest of rare' category of cases. We are also alive to the convicts' right to remission of sentence. This has to be balanced with society's cry for justice," a bench of Chief Justice H L Dattu and Justices F M I Kalifulla, P C Ghose, A M Sapre and U U Lalit said.
Before proposing the curtailment, the bench said it would be applicable only to 'rarest of rare' category of cases in which the convicts were serving life sentence after death penalties awarded to them by the trial court had been commuted to life imprisonment by higher courts or constitutional authorities.
The bench said that keeping past experience in mind, the SC could specify that in such cases, if the Centre or a state government decided to remit the sentence of a lifer and release him from prison, then it would have to mandatorily seek the view of the judge of the trial court which had imposed the death penalty.
"If the opinion of the trial court is accepted by the state government, it is well and good. If the state government decides to go ahead with its decision to remit the sentence despite the trial court's opinion to the contrary, then the matter must get referred to the Supreme Court which will adjudicate the desirability of releasing such convicts," the bench said.
Appearing for Tamil Nadu government, senior advocate Rakesh Dwivedi protested, saying the judiciary could not encroach into the exclusive remission domain of the executive. "The remission power given to executive governments under the Criminal Procedure Code can be curtailed only through legislation and not by the orders of the court passed under Article 142 of the Constitution," he said.
The bench said in such 'rarest of rare' category of cases, it was proposing to erase the 'suo motu' power of governments to grant remission of sentence, as was the case in Rajiv Gandhi assassination case. "Past experience shows that state governments have been releasing convicts en masse on the birthdays of political leaders," the court said.
It also clarified that it was not curtailing the right of convicts to seek remission of sentence from the President or the governor under Articles 72 and 161 of the Constitution respectively. "This will answer the query from states whether the Supreme Court can impose sentences exceeding 14 years with a caveat that there would be no remission till the convict serves out the specified period of sentence," the bench said.
Dwivedi said, "It is one thing to be alive to society's cry for justice but it should not result in anger-driven award of punishment that goes beyond the penal parameters specified in the statute books."
He said there was a judge in the Supreme Court who wanted all "corrupt to be hung from lamp posts". Justice Kalifulla said it was not an order but a casual observation made by the judge in court where he had said "corrupt should be hung from the nearest lamp post". Though no one mentioned the name of the judge, it was ex-judge Markandey Katju who had made the remark.
Justice Katju had on March 7, 2007 said, "Everyone wants to loot this country. The only deterrent is to hang a few corrupt persons from the lamp post." He was part of a bench hearing a bail petition filed by fodder scam accused Braj Bhushan Prasad, who was convicted by the trial court.
"Some prison authorities have written to us that either the records have been lost or destroyed by termites," NLU director Anup Surendranath told TOI, who is heading the death penalty research project. The NLU is compiling data on all prisoners who have been executed since independence with the help of the central government.
to ascertain the fairness of the capital punishment jurisprudence, particularly those who have been executed in independent India.
The casual attitude towards death row convicts is reflected in the loss of mercy pleas of Krishna Mochi and three others in the Krishna Mochi & Ors vs. Bihar case of 2001. Convicted by the TADA court, mercy pleas of the four have been lost by the Union home ministry. Their pleas were sent to the President in 2003, and a recent RTI response to Suhas Chakma of Asian Centre for Human Rights has revealed that the home ministry has no records available. "These papers have evidently been lost," Chakma said.
Data by the National Crime Records Bureau is also not without gaps. For example the NCRB claims that as many as 2,052 individuals were awarded capital punishment by courts between 1998 and 2013. And the NCRB also says between 2001 and 2013 the number of those whose death sentences were commuted was double: 4,497 persons.
CHRI's Venkatesh Nayak says that this is where the NCRB data becomes "questionable". "The discrepancies probably crept in when jail authorities counted all commutations even those of shortened prison time," he said.
"Information on executions are sourced from various prisons and courts across the country which do not reveal either the religious or caste backgrounds of the convicts who have been executed," Surendranath points out. The NLU report on death penalty is scheduled for release in mid-August where a detailed analysis of socio-economic profile, legal representation and duration on death row would be made public.
The NLU has conducted interviews of 373 surviving death penalty convicts and has drawn their socio-economic profile. The analysis of these surviving prisoners shows that an overwhelming majority of them are from backward class, religious minorities and economically vulnerable classes. In the category of terror offences, 94% prisoners sentenced to death are Dalits and religious minorities.
"We have been unable to find an exhaustive list of prisoners executed in India. However, as per a report of the Law Commission (1967), the total number of cases in which the sentence of death was executed from 1953 to 1963 was 1,410," Surendranath said.
- AN APPEAL TO H.E.Honourable PRESIDENT OF INDIA & HONOURABLE SUPREME COURT OF INDIA
scenario in India , every citizen of India is indirectly responsible.
Our present inefficient, corrupt legal system , is wholly dependent on
evidences which a rich criminal can create or destroy at his sweet
will. Police forcibly take confessions from the accussed , by applying
3rd degree torture methods. Some of the judges are literally auctioning
" judicial orders" for bribe. Due to all these reasons one cann't be
100% sure about one criminal's conviction. In such cases, capital
punishment will be unfair & inhuman. It must be made mandatory, in all
death penalty cases that polygraph, lie detector tests, etc must be
conducted on " death convicts " , to know whether they are innocent or
guilty inspite of hostile evidences. Fundamentally, the capital
punishment has failed
as a deterrent.
INHUMAN, BUTCHERS & CANIBALS. Why don't they ask for death penalty to
policemen, who murder people through 3rd degree torture, in lock-ups &
fake encounters ? why don't they ask for death penalty to corrupt
judges who sells judicial orders for bribe ? why don't they ask for
death penalty to builders who cause building collapses, resulting in
mass murders ? why don't they ask for death
penalty to corrupt government doctors who refuses to treat poor patient
without bribe, causing the murder of poor patient ? why don't they ask
for death penalty to industrialist/ traders who sell adulterated food
items, spurious drugs/ medicines, in turn causing mass murders ? why
don't they ask for death penalty to corrupt government officials , who
help criminals, industrialists? Why don't they ask for death penalty to
politicians who create communal & other riots, who have ties with
foreign intelligence agencies, terrorist outfits ? Why don't they ask
for death penalty to mole in the P.M.O & the senior officers of
National Security Council who passed on national secrets ? Why don't
they ask for death penalty to public servants , ministers who gave aid
, support to terrorist outfits like L.T.T.E out of government of india
coffers , killing hundreds of srilankans , tamils ?
directly murder human beings but cunningly murder hundreds which go
unnoticed by any. For the person who barbarically murders one human
being you prescribe CAPITAL PUNISHMENT but for those who murder
hundreds you say nothing why ? THEY WON'T ASK FOR IT, BECAUSE MOST OF
THE PERSONS WHO ARE DEMANDING DEATH PENALTY ARE BIASED, SELFISH &
BELONG TO ONE OF THE SECTIONS OF CRIMINALS MENTIONED ABOVE. They lack
punishment. It violates the right to life Article 1 of universal
declaration of human rights. It is irrevocable , prone to judicial
errors and can be inflicted on innocents. It has never been shown to
deter crime more effectively than other punishments. In most of the
countries including india , judicial system is ineffective ,
inefficient to prosecute impartially both poor & rich criminals. Those
condemned to death penalty mostly come from poor background who are
unable to afford wise & articulate Advocates who can efficiently argue
their case. Against these poor accussed , the criminal nexus of
police-criminal-bureaucrat builds up fake evidences , extracts forced
confessions by 3rd degree torture. Most of death convicts world over
belongs to either poor , TRIBALS , DALITS , etnic minorities ,
political dissidents , children , mentally ill. No rich & mighty
criminal is ever prosecuted let alone hanged.
lacks sense to figure out truth out of fake evidences , also as judges
are human beings they are prone to err. Add to this corruption in
judiciary. Death penalty is irreversible & irrevocable. In a mature
democracy like U.S.A with relatively efficient judicial system itself
hundreds of cases of death convicts were found to be wrong , convicts
were found to be innocents upon review & were let free. Where as in
india , the accussed lacks the wherewithal to argue his case in the
first place then how can he arrange for case review ? no judge is god ,
if a hanged person is found to be innocent the judge doesn't has the
ability to bring back the hanged person to life , do such judges have
right to snatch away lives ?
with respect to above mentioned rich & mighty criminals is put into
2. until death penalty is abolished, to make poly graph, lie detector
tests mandatory for all death convicts in a free & fair manner by a
neutral authority , to ascertain whether the convict is really guilty
or innocent of the alleged crime .
death to the death convicts like sleeping pill, injection, gun shot,
etc instead of medieval & barbaric " death by hanging".