S.O.S e - Voice For Justice -
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Editor: Nagaraja.M.R.. Vol.13..Issue.13........01 / 04 / 2017
Stop targeting whistleblower Justice Karnan.
Clean up the judicial system
By Mathews
J Nedumpara
Senior advocate Ram
Jethmalani recently wrote a scathing letter to the Calcutta High Court’s
Justice CS Karnan, advising him to take back every word he has said about two
Madras High Court judges and pray for pardon. Jethmalani has termed Justice
Karnan’s actions as lunatic. Neither me nor the National Lawyers Campaign for
Judicial Transparency and Reforms (NLC), of which I am the president, supports
Justice Karnan nor justifies his “tantrums”. However, the NLC supports Justice
Karnan because corruption has spread its tentacles in the justice delivery
system.
Justice Karnan’s anger might be out of feelings of
discrimination, isolation and, or, humiliation. His attack on his brother
Judges of the Madras HC, sitting and retired, is perhaps vindictive. He accuses
them of having indulged in corruption, nepotism and malpractice. Though many
accused of corruption and malpractices by him could be innocent or could have
indulged in venial and not venal act of corruption or malpractice, the
allegation against at least a few of them may not be unfounded.
But the question to be answered is whether alleging corruption
against sitting or retired Judges of the high court or the Supreme Court
amounts to contempt of court as defined in Section 2(1)(c) of the Contempt of
Courts Act, 1971 or will it attract the inherent jurisdiction of the Supreme
Court under Art.138, r/w. Arts. 140 and 142 of the Constitution to punish a
person for contempt of court.
The concept of contempt
of court is a cathartic jurisprudence, which has its origin in the Canon Law
and, in particular, the Canon Law of the Dark Ages, a jurisprudence of a time
when the offence of heresy, nay, contempt of the Church, where the contemnor is
burnt alive at a stake.
The in terrorem (a legal threat, usually one given in hope of
compelling someone to act without resorting to a lawsuit or criminal
prosecution) jurisprudence of contempt of Court militates against all canons of
justice and fair play; it flourished in the Middle Ages when Inquisition was
the mode of justice administration, where contemnor was tortured to extract
guilt. The foundation of The Contempt of Courts Act, 1971 on the jurisprudence
of the Dark Ages is classically exemplified in Sub-Section (5) of Section 17 of
the Act.
Our constitutional and criminal laws are founded on the
principle that the guilt against a person accused of an offence ought not to be
wrung out of him, but has to be proved against him by other men and means.
Sub-Section (5) of Section 17, supra, places the burden to prove
his innocence upon the contemnor; it requires him to file an affidavit in
support of his defence and empowers the Court to determine the matter on the
affidavit of the contemnor. Section 17(5) of the Contempt of Courts Act, 1971,
therefore, is in violation of Article 20(3) of the Constitution, which states
that no person accused of any offence shall be compelled to be a witness
against himself; so too Arts. 21, 14 and 19 thereof, which are required to be
read together.
The power of contempt,
as is presently exercised by the judges of the higher judiciary is, with much
respect, more susceptible to be abused than used.
I have witnessed such misuse often against the voiceless, the
outspoken and persons who are upright. The power of contempt has often been
misused against the voices of truth, even though truth is an undeniable defence
against contempt proceedings.
Resorting to the power of contempt without application of
judicial mind has ramifications. It creates fear, a terror, and worst, hatred,
in the minds of citizen. As pointed out, the fear has led to not venturing to
write anything about the functioning of the judiciary, except eulogising and
flattery.
Undoubtedly, in the suo motu contempt of court proceeding against
Justice Karnan, the prosecutor and the judge, both at once, are the judges
themselves. The contempt of court law is undemocratic and, assuming it to be
otherwise, the question is, could any action lie against Justice Karnan?
It certainly will not, as:
Even assuming that Justice Karnan has made allegations of
corruption and malpractices against his judges, he has not committed any
contempt of court.
The concept of equality before law and equal protection of law
is at the core of the Constitution.
For the judges against whom Justice CS Karnan has made the
allegations of corruption, the law provides for remedy, both civil and
criminal.
It is enough to refer to the suit filed by Justice PB Sawant,
former judge of the Supreme Court, against Times Now claiming Rs 100 crore as
damages to support my contention that law provides for adequate remedy if
Justice Karnan has made false or scurrilous allegations against his brethren.
Is it then right for me to expect the vilified judges to
institute civil and criminal cases like ordinary citizens? Yes, because in the
eyes of the law, all are equal; the immunity which judges enjoy is for what
they do from the seats of justice.
I am made to understand that some of the allegations made by
Justice Karnan are against the chief justice of the Madras High Court on the
administrative side about the construction of court complexes, appointment of
judges. It must be said that a situation where judges are accused of corruption
and they are forced to institute civil and criminal cases is against their
prestige and honour and is no way an ideal situation.
Corruption is undoubtedly spreading its tentacles in the corpus
of the justice delivery system, which does not merely mean judges alone.
There ought to be a remedy. The remedy is not in silencing the
whisleblowers with the guillotine of contempt of court. There’s a need to bring
into existence a credible mechanism by which allegations of corruption,
nepotism and malpractices against judges are investigated and those who are
guilty are brought to book without impinging their independence and the
sanctity of the justice delivery system.
The judicial function has been considered to be sacrosanct;
courts are temples of justice; its majesty and credibility and the confidence
of the public has to be zealously guarded, but not by silencing whisleblowers
and upright men and women who dare to point out instances of corruption,
nepotism and malpractices, risking their professional prospects, nay, even
their freedom and liberty.
Mrs. Pul’s letter to the Secretary
General, Supreme Court of India
To,
The
Secretary General,
Supreme
Court of India
28th February 2017
Dear
Sir,
I had
addressed a letter to the Hon’ble Chief Justice of India on 17.02.2017 in
connection with the suicide committed by my husband Mr. Kalikho Pul, former
Chief Minister of Arunachal Pradesh on August 9, 2016 leaving behind a detailed
suicide note of 8th August, 2016. In the said letter
permission was sought from the Hon’ble Chief Justice of India for filing an
F.I.R on the basis of the said suicide note against many including two senior
most Judges of the Hon’ble Supreme Court of India. It was stated in that letter
as under:
“I
understand that in the judgment of K Veeraswami v Union of India a Constitution
Bench of this court had directed that though judges of the higher judiciary are
amenable for corruption investigation under the prevention of corruption act,
but to safeguard their independence and to save them from harassment at the
hands of the executive, any FIR and investigation of a judge at the higher
judiciary would require prior permission of the Chief of India.
The
judgment further says that if the allegations are against the Chief Justice
then the permission required would be of other judges, which would obviously
meant he next senior most judge available.
… I am sure that you will have the matter
place before the appropriate judge in accordance with the judgment in
Veeraswami case for consideration of my request.”
Although
I did not receive any written communication in that regard, a newspaper report
had appeared in the Indian Express on 22.02.2017 to the effect that the Hon’ble
Chief Justice had declined to grant necessary permission on administrative side
instead of placing the matter before appropriate Judge.
However,
suddenly the matter was converted into a Miscellaneous Criminal Writ Petition
and was listed before the Hon’ble Bench of Justice A. K Goel and Justice U. U.
Lalit on 23.02.2017. As you are aware, in view of the extraordinary
developments which were likely to seriously impair my right to pursue the
matter in accordance with the law and fearing that the dismissal of the Writ
may cause incalculable harm, the letter was withdrawn.
During
the hearing it was categorically pointed out that I had not sought any relief
on the judicial side and that the letter sought permission strictly in light of
the law declared by the Constitution Bench of Supreme Court in K. Veeraswami v.
Union of India, (1991) 3 SCC 655
Reference
is invited to Paragraph 60 thereof which is as under:
“We
therefore, direct that no criminal case shall be registered under Section 154,
CrPC against a Judge of the High Court, Chief Justice of High Court or Judge of
the Supreme Court unless the Chief Justice of India is consulted in the matter.
Due regard must be given by the government to the opinion expressed by the
Chief Justice. If the Chief Justice is of opinion that it is not a fit case for
proceeding under the Act, the case shall not be registered. If the Chief
Justice of India himself is the person against whom the allegations of criminal
misconduct are received the government shall consult any other Judge or Judges
of the Supreme Court. There shall be similar consultation at the stage of
examining the question of granting sanction for prosecution and it shall be
necessary and appropriate that the question of sanction be guided by and in
accordance with the advice of the Chief Justice of India. Accordingly the
directions shall go to the government. These directions, in our opinion, would
allay the apprehension of all concerned that the Act is likely to be misused by
the executive for collateral purpose.”
Sir,
under these circumstances, I request you to supply the following information
forthwith:
1.
Whether
decision on the administrative side as reported in Indian Express was indeed
taken and if so, a copy thereof be supplied.
2.
If not,
was any decision at all taken on the letter, on the administrative side? If
not, notings on the same be supplied recording reasons for inaction on the same.
3.
Whether
attention of the Hon’ble Chief Justice was drawn to the judgment of
Constitution Bench in Veeraswami’s case?
4.
Whether
the Registry had requested the Hon’ble Chief Justice to place the letter before
“appropriate judge” which would mean Hon’ble Justice Chelameswar being the
senior most Judge available for action on the letter?
5.
When
and under what circumstances the Hon’ble Chief Justice took the decision to
convert the letter to a Criminal Writ Petition and whether reasons for the same
were recorded?
You are requested to give a copy of the
said decision which is already acknowledged in the judicial order passed by the
bench of Justice A.K Goel and U. U Lalit on 23.02.2017
6.
How was
the matter placed before the Bench of Hon’ble Justices A K Goel and U. U Lalit
when the issue pertained to such serious matter and even if the letter was to
be referred to the judicial side (although no such prayer was made and it was
impermissible to so) why was it not placed before the Bench presided by Hon’ble
Justice Chelameswar, the senior most available Judge?
Sir, the matter assumes great significance
for the integrity of the institution and for larger public interest including
Independence of Judiciary. I would therefore request you to give these details
after consulting Hon’ble the senior most Judge without placing this letter
before Hon’ble Chief Justice and Hon’ble Justice Dipak Mishra in view of the
sensitivity of the matter.
I do
hope and trust that at least now the matter will receive absolutely objective,
independent and judicial treatment from this great Institution.
Yours
sincerely,
Dangwimsai
Pul
Mrs. Pul’s letter to the Vice President
of India seeking constitution of a SIT to probe allegations in her husband
Kalikho Pul’s suicide diary
February 28, 2017
To
The Hon’ble Shri M.
Hamid Ansari
The Vice President
of India
Maulana Azad Road,
New Delhi-110001
Subject: Filing of FIR and
Investigation into the allegations contained in my husband Late Kalikho Pul’s
suicide note in terms of the judgment of Supreme Court in K. Veeraswami v.
Union of India.
Dear Ansari Ji,
You must be aware
that my husband Late Kalikho Pul who was the Chief Minister of Arunachal
Pradesh from 19thFebruary to 13thJuly 2016 committed suicide on 9th August 2016. At the time of discovery of his
body hanging from a ceiling fan in the official CM’s bungalow, 10 copies of a
60-page suicide note (each copy signed in original on every page by him) and
dated 8th August 2016 was found. This note titled “Mere
Vichaar” briefly details his life history and thereafter shows his anguish
about the corrupt state of affairs in politics and in the judiciary in the
country. He details several allegations of corruption against politicians and
judges from his personal knowledge. In particular, the note contains
allegations of corruption against the sitting Chief Justice of India and the
next Judge in superiority in the Supreme Court and also against the present
President of India.
The Inquest Report
in Case No. 14 of 2016 made under Section 174 of CrPC by Itanagar Police
Station has inter-alia acknowledged that the Additional District Magistrate had
seized during examination of place of occurrence of suicide, inter-alia, “Note
containing page 1-60 in four (4) sets signed by late Kalikho Pul with caption
in Hindi ‘मेरे विचार’.” The said Report concludes that, “Investigation
reveals that on 09/08/2016 at between 0500 hrs to 0900 hrs Lt. Kalikho Pul
committed suicide by hanging on the ceiling fan at Pranayama room of HCM Bungalow.” The
following observations are made during the investigation process:
1.
He was under depression after his removal from the CM post.
2.
His act of writing his biography is also pointing towards his
intention…” (Copy enclosed)
Given the gravity
of the allegations contained in the note and the fact that many of them are
from his personal knowledge and that a suicide note is treated like a dying
declaration, this matter needs to be seriously investigated by a credible
investigation team. However, since it also involves the Chief Justice and
another sitting Judge of the Supreme Court, to protect the independence of the
judiciary, it should not be investigated by any investigative body controlled
by the Government.
It was to protect
the independence of the judiciary that the Supreme Court in Veeraswami’s case
said that any allegations against the sitting judges of the higher judiciary
can only be investigated by an investigating authority after obtaining the
prior permission of the Chief Justice of India. The operative part of the said
judgment is reproduced below;
“60…….We therefore,
direct that no criminal case shall be registered under Section 154, Cr. P.
C. against Judge of the High Court, Chief Justice of High Court or Judge of the
Supreme Court unless the Chief Justice of India is consulted in the matter. Due
regard must be given by the Government to the opinion expressed by the Chief
Justice. If the Chief Justice is of opinion that it is not a fit case for proceeding
under the Act, the case shall not be registered. If the Chief Justice of India
himself is the person against whom the allegations of criminal misconduct are
received the Government shall consult any other Judge or Judges of the Supreme
Court. There shall be similar consultation at the stage of examining the
question of granting sanction for prosecution and it shall be necessary and
appropriate that the question of sanction be guided by and in accordance with
the advice of the Chief Justice of India. Accordingly, the directions shall go
to the Government.”
The judgment says
that in case there are allegations against the Chief Justice, the President
will consult other judges. This, in terms of the spirit of the judgment, would
mean the judge/judges next in seniority.
Since in this case
the allegations are also against the sitting Chief Justice and the sitting
President of India, I am therefore addressing this request to you to exercise
the authority which normally the President would have exercised in terms of the
Veeraswami’s judgment which also held:
“12….The President,
therefore, being the authority competent to appoint and to remove a Judge, of
course in accordance with the procedure envisaged in Article 124,
clauses (4) and (5) of the Constitution, may be deemed to be the authority to
grant sanction for prosecution of a Judge under the provisions of Section 6(1)(c) in
respect of the offences provided in section 5(1)(e) of
the Prevention of Corruption Act, 1947. In order to adequately protect a Judge
from frivolous prosecution and unnecessary harassment the President will
consult the Chief Justice of India who will consider all the materials placed
before him and tender his advice to the President for giving sanction to launch
prosecution or for filing FIR against the Judge concerned after being satisfied
in the matter. The President shall act in accordance with advice given by the
Chief Justice of India If the Chief Justice of India. If the chief Justices of
opinion that it is not a fit case for grant of sanction for prosecution of the
Judge concerned the President shall not accord sanction to prosecute the Judge;
This will save the Judge concerned from unnecessary harassment as well as from
frivolous prosecution against him as suggested by my learned brother Shetty, J.
in his judgment. Similarly, in the case of Chief Justice of the Supreme Court
the President shall consult such of the Judges of the Supreme Court as he may
deem fit and proper and the President shall act in accordance with the advice
given to him by the Judge or Judges of the Supreme Court.”
“45…In this view,
the President can be considered as the authority to grant sanction for
prosecution of a Judge since the order of the President for the removal of a
Judge is mandatory.”
“54. The
emphasis on this point should not appear superfluous. Prof. Jackson says
“Misbehaviour by a Judge, whether it takes place on the bench or off the bench,
undermines public confidence in the administration of justice, and also damages
public respect for the law of the land; if nothing is seen to be done about it,
the damage goes unrepaired. This must be so when the judge commits a serious
criminal offence and remains in office”. (Jackson’s Machinery of
Justice by J.R. Spencer, 8th edn. pp. 369-70).”
“55. …The
proved “misbehaviour” which is the basis for removal of a Judge under clause
(4) of Article 124 of the Constitution may also in certain cases involve an
offence of criminal misconduct under Section 5(1) of the Act. But that is no
ground for withholding criminal prosecution till the Judge is removed by
Parliament as suggested by counsel for the appellant. One is the power of
Parliament and the other is the jurisdiction of a criminal court. Both are
mutually exclusive.”
“56. …. But we know
of no law providing protection for Judges from criminal prosecution. Article
361(2) confers immunity from criminal prosecution only to the President and
Governors of States and to no others. Even that immunity has been limited
during their term of office. The Judges are liable to be dealt with just the
same way as any other person in respect of criminal offence. It is only in
taking of bribes or with regard to the offence of corruption the sanction for
criminal prosecution is required.”
I am, therefore,
requesting you to consult other judges in terms of Veeraswami’s judgment and
permit filing of an FIR against the Hon’ble Chief Justice of India and Hon’ble
Justice Dipak Misra. If these allegations are not credibly investigated, a
serious cloud of suspicion will continue to remain over the politicians and
judges whose names are mentioned in the suicide note. This would be most
unfortunate for our democracy as well as for the judiciary. A credible
investigation in this matter can only be done by an SIT constituted by 3/5
judges next in seniority to the judges named in the note.
I, therefore, request
you to consult those judges and also request them to name an appropriate SIT
which can credibly investigate these allegations.
Yours sincerely,
(Dangwimsai
Pul)
Legal Notice to Chief Justice of India
To,
Honourable Chief Justice of India,
SUPREME COURT OF INDIA,
New Delhi.
Honourable Sir ,
Subject : Legal Notice to Chief Justice of India
Are Judges , Police PERFECT ? Satya Harishchandra
?
Hereby , I challenge Chief Justice of India in the
exercise of my FUNDAMENTAL DUTIES as a citizen of india , that subject to
conditions I will legally prove the crimes of few
judges , police , public servants within the government service and
other criminals. Is the CJI ready to book those criminals ,
traitors , anti nationals ?
Since 25 years I am appealing to apex court for justice
concerning various public issues , no justice in sight but injustices meted
out one after another. But the same judges are
SHAMELESSLY taking huge pay perks for years now are also
poised to get almost triple fold salary increase.
Parasites feeding on Indian Public. Whenever questions
of accountability are asked judges level contempt charges
against the questioner or police fix him in
fake cases or he is silenced by threats , murders , denial of jobs , etc.
Since 25 years in many ways they are trying to silence me.
Just take the recent example of Justice Karnan who leveled
corruption charges against specific judges with CJI. Instead
of conducting a fair investigation into the matter , CJI tried to
silence him by serving him contempt notice.
Our Judges , Police are NOT Perfect Not
Satya Harischandras . There are criminals as well as honest
people side by side in judiciary & police. We
whole heartedly respect honest few in judiciary , police & public service.
But we detest corrupt judges , corrupt police.
Honest Judges & Police are not coming into open to prosecute
their corrupt colleagues, why ? silenced ?
Criminalization of all wings of government has taken
place , unfit people are in the positions of power. Corruption in
judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at
work. Only few scandals , scams become public , many are buried. If
one criminal public servant is caught other public servant who is also a
criminal conducts name sake investigation , gives report , clean chit.
Law courts rely on the government reports as evidences , courts are not
bothered about credibility of reports or investigations. It is quid pro quo.
Therefore technically criminal public servants are never proved for their
crimes & convicted , as investigation itself is not fair.
A Crime may happen without the knowledge of police
but cann’t continue for years without the connivance of police.
A Crime reported to court cann’t continue for
years without connivance of judges.
At the bottom of the paper , I have given web
sites about few ACB raids on government officials and
unearthing of crores worth property. How they have earned it , by
misusing their official positions. Therefore government reports ,
records prepared by these officials , investigations conducted by
corrupt police are suspect. But Law courts in various cases ,
considers government reports , records , statements of government
officials as sacrosanct . Therefore in many cases injustice is
meted out by court , as they depend on reports of corrupt
government officials , corrupt police.
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 of apex court of the land
himself commits crime - violations of RTI Act , constitutional
rights & human rights of public and obstructs the public from
performing their constitutional fundamental duties , what happens ?
"Power will go to the hands of
rascals, , rogues and freebooters. All Indian leaders will be of low calibre
and men of straw. They will have sweet tongues and silly
hearts. They will fight among themselves for 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 people’s representatives , police , public
servants & Judges.
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.
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. Even Press accreditation to me as a web journalist is denied till date. 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.
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. Even Press accreditation to me as a web journalist is denied till date. 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.
9. You are responsible for crime cover
ups mentioned in my RTI Appeals , PILs and continuation of those crimes
unabated.
10. You are responsible for
denial of information, which vindicates the crimes of powers that
be.
11. You are responsible for physical
assaults , murder attempts on me.
12. You are responsible for job
denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore
Courts.
13. You are responsible for my illegal
retrenchment from RPG Cables , denial of medical care to me
towards occupational health problems.
14. You are responsible for denying me legal
aid.
15. You are responsible for illegal closure
of my news paper.
16. You are responsible for denial of
press accreditation to me as a web journalist till date.
17. You are responsible for repeatedly
passing on my appeals to police. So that they can take
statements , close the file under the threat of police power.
18. You have violated my Human Rights
& Fundamental Rights.
19. In terms of Integrity ,
Honesty You & other public servants are nowhere near Baba
Saheb B R Ambedkar , Mahatma Gandhi & Satya Harishchandra .
Many Public servants are UNFIT to be in their posts.
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 you don’t answer it will be admission of the charges by you. It will amount to confession of crimes on your own.
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 , Chief Justice of India & Jurisdictional District Magistrate 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.
Send reply to :
Nagaraja Mysuru Raghupathi
Editor , SOS e Voice for Justice & SOS e
Clarion of Dalit,
LIG 2 , NO 761 , HUDCO First Stage,
Laxmikantanagar , Hebbal ,
Mysuru – 570017.
Date : 05.03.2017……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja Mysuru Raghupathi
Date : 05.03.2017……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja Mysuru Raghupathi
Editorial : Are all Judges Honest ? Satya Harishchandra ?
Ugly Face of
Judiciary
All
Judges are NOT Right
Judges SEX crimes
High
Court Judges Favoring Land Mafia
Judge’s Mafia against
KARNAN
A – Z of Manipulation of
Indian Legal System
50% of higher judiciary corrupt, says
ex-SC judge Markandey Katju
Eight chief justices were corrupt: Ex-law
minister
In suicide note, Arunachal CM
Kalikho Pul alleges graft by SC judges, Congress
http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,
http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,
Calcutta
HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC
judges
Traitors in Judiciary & Police
Crimes by Khaki
FIRST Answer Judges Police
The mafia of
corrupt has never allowed for transparent , impartial
investigation into criminal cases involving higher judges & public
servants. Justice Karnan is in the position of high court
judge due to his merit , talent , education not on the basis of
reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has
exposed corruption in the higher judiciary , he has not done any crimes. Now ,
powers that be instead of ordering for a fair investigation into
his charges, is trying all out to silence him. Some
people are even making personal attacks , by calling him
lunatic. Those persons may be beneficiaries of the existing corrupt
judicial system and they want to continue with this present
corrupt system.
In a Mental Hospital ward , say there
are number of mentally challenged patients playing inside the ward.
A doctor & his assistant enters the ward to check , give
routine medicines , injections to patients and then all those patients
call the doctor himself as mad. It is the same situation now.
Are not the so called
learned , aged advocate ( @ god’s airport ) and learned
judges see the crimes by judges in the past. See sample
cases mentioned above & below. What action taken by those
learned judges & learned advocate , to safe guard law in
the above / below mentioned cases? Our judicial system is
being weakened by corrupt judges &
few , greedy advocates ( learned ? ) , NOT
by whistle blowers who have sacrificed to protect
the nation from corrupt people.
In the past few judges
belonging to powerful castes facing charges of gravest crimes
, got a smooth sailing , their cases white washed. But Justice
Karnan belonging to oppressed Dalit class is being
tortured for standing up against corruption. He has done no crimes. This
is the very reason few honest judges & honest advocates
keep silent fearing victimization.
Hereby , we demand Honourable Supreme
Court of India :
1. To order transparent , impartial
investigation into all the above mentioned corruption cases involving high
ranking judges.
2. To order for filing charges under SC / ST
Atrocities Prevention Act against high ranking judges
who tortured Dalit Judges – Justice Karnan , Justice Gawl &
Justice Ramakrishna.
3. To order for filing charges under SC / ST
Atrocities Prevention Act against learned advocate &
others who made personal attacks on Justice Karnan by calling him
as lunatic and for obstructing legal prosecution of the corrupt
judges.
Jai Hind. Vande Mataram.
Your’s
Nagaraja Mysuru Raghupathi.
The Irony Of The Gadchiroli Court Verdict
The Persecuted Prisoners Solidarity
Committee (PPSC) strongly condemns the judgement by the Gadchiroli Sessions
Court March 7, 2017 convicting Mahesh Tirki, Pandu Narote, Hem Mishra, Prashant
Rahi, Vijay Tirki and G N Saibaba, under various sections of the Unlawful
Activities (Prevention) Act, 1967 (UAPA) and awarding life sentence to five of
them and a ten year imprisonment to another. PPSC was initiated with the
objective of focusing on the plight of adivasi and marginalized prisoners suffering
under the criminal justice system in the armed conflict zones of central and
eastern India. It is ironical that Prashant Rahi, one of the main motivators
behind PPSC and an untiring worker for the rights and release of persecuted
prisoners, is today a victim of the same criminal justice system which has
imprisoned him for life for standing up for the victims of the war on people
that is being waged by the state in vast parts of India. The other victims of
this judgement, which can at best be called a travesty of justice and at worst
an open demonstration of the resolve of the state to punish all dissent,
include Mahesh Tirki, Pandu Narote and Vijay Tirki, all adivasi youth from
Gadchiroli and Chattisgarh, Hem Mishra a student and cultural activist from JNU
and G. N Saibaba, a 95% physically challenged professor and activist from DU,
all of whom have already suffered for many months in jail. Now they are looking
ahead to many years in prison again, thanks to the vengeful Indian state which
criminalizes all forms of dissent and protest using the criminal justice system
and draconian laws such as the UAPA.
It is of not much use here in pointing
out the blatant and glaring inconsistencies, generalizations, subjective
observations and biased application of case law with which the entire judgement
convicting the abovementioned people is riddled. It would be more instructive
to understand the motivation behind the judgement, and the vengeance with which
the verdict has been delivered. This is clear from para 1013 (pp 818-819) of
the judgement which says “…the
situation in Gadchiroli district from 1982 till today is in paralyzed condition
and no industrial and other developments are taking place because of fear of
naxal (sic) and their violent activities. Hence, in my opinion, the
imprisonment for life is also not a sufficient punishment to the accused but
the hands of the Court are closed with the mandate of Section 18 and 20 of UAPA
and in my opinion it is a fit case to award sentence of imprisonment of life…”. It is clear that the judge rues the fact that
exploitation of the adivasi people of Gadchiroli has not been possible because
popular resistance, and holds the six accused guilty for that, and regrets that
he cannot sentence them to death! Therefore, this judgement has been delivered
clearly to serve the interests of the corporations and the state which is hell
bent on plundering the resources of the adivasi areas in the name of
industrialization and development. It is in the backdrop of the strong peoples’
resistance against iron ore mining in Gadchiroli that this judgement has been
given, as a clear message to crush all resistance against corporate plunder of
the natural resources which is being tried out in the vast area spread from
Jharkhand to Maharashtra. During the same week, the judgment by a Gurgaon court
convicting 31 workers of the Maruti Suzuki factory in Manesar, also clearly
demonstrates that it is the interest of the corporations that courts all over
India are serving and any resistance against these interests will be crushed
brutally by using the criminal justice system.
We believe that the six convicted
should be released immediately and charges against them should be dropped. We
call upon all organizations and democratic-minded people to unite and protest
strongly against this particular judgement and against the general persecution
of the most marginalized sections of our population by the criminal justice
system in the entire armed conflict zone of eastern and central India, and
elsewhere, where the people are bravely resisting the state and corporations’
relentless attack on the lives and livelihoods of the working people.
Stan Swamy
Sudha Bharadwaj
Partho Sarothi Ray
Megha Bahl
On behalf of
Persecuted Prisoners Solidarity
Committee (PPSC)
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,HUDCO FIRST STAGE ,
OPP WATER WORKS
, LAXMIKANTANAGAR
, HEBBAL ,MYSURU – 570017 KARNATAKA INDIA
Cell : 91
8970318202
Home page
:
http://in.groups.yahoo.com/group/sosevoiceforjustice/ , http://groups.google.co.in/group/hrwepaper /
,
http://sites.google.com/site/sosevoiceforjustice /
, http://evoiceofhumanrightswatch.wordpress.com /
,
A Member of
Amnesty International
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