crimes of MUDA

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Editor: Nagaraj.M.R....vol.4…issue.06......09/02/2008




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editorial : PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , DISTIRCT MAGISTRATE MYSORE , COMMISSIONER , MYSORE

URBAN DEVELOPMENT AUTHORITY & COMMISSIONER MYSORE CITY CORPORATION

Our publication has sought information as per RTI Act from MUDA , MCC & district administration about various irregularities of land allotment ,

conversions in & around mysore city. however till date MCC has not cared to reply , MUDA has only given half truths , district administration has

not given full information at all. the officials of said authorities are putting onus of giving information on the other. thereby , the officials are

indirectly protecting land mafia . now , you are the head of all the three authorities MUDA , MCC & DISTRICT ADMINISTRATION and you are well

known for your integrity , honesty of duty . we respect you & request your kindself to publicly answer the following questions ( WHICH YOUR

OFFICIALS TRIED TO AVOID & HID ) , so that criminals will be put in the open benefitting the larger public interest. JAI HIND. VANDE

MATARAM.

Your's sincerely,
NAGARAJ.M.R.

PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , I.A.S , HONOURABLE DISTRICT MAGISTRATE , MYSORE


1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan

?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed
by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ?

if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no

emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action

status report yearwise ?

9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers

since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report

yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through

MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving

notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is

the procedure followed ?

13. in mysore city , numerous housing societies & real estate developers have mushroomed , Land allotments of how many housing societies ,

real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why

?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms ,

layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping

high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw

violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by MUDA /

MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when

people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going

that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for

those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of turn allotment of Lands , sites , houses to renowned sports persons ,

judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC /

GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building

temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies

of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of

rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a

pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise

figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real
estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to

village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the

villagers are stake holders , owners of such lands. When MUDA / MCC / GOVERNMENT acquires such lands to whom does it pay

compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA

MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures

should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities have

developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of

taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under

& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures

yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those
areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment &

creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ?

action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural

purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries ,

multinational companies for crores of rupees. Has the MUDA / MCC / GOVERNMENT given alienation of land ie conversion from agricultural to

industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial

area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how

many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers &
private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front

of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why

? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of

lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks ,

employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it

for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public

/ social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action

taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till

date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition

/ denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said

trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?


land scam in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka



When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if

thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the

overwhelming numbers of criminals law of the land cann't be changed. However in the Karnataka state , many political bigwigs , rich crooks have

done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those

government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political

masters are legalizing the crimes . what a shame to the government of Karnataka ?



The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the legislative assembly is still probing the land grabbings in Karnataka. However

the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder's

expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered

about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government

& poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who

are nothing but their own political cronies.



The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land

conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the

name of public welfare . Whereas the land worth at today's market prices are 10's of thousands of crore it is only wefare of the rich & mighty . IT

IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of

conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving

land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the

same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total

disregard to civic amenity or safety.



Hereby , HRW appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally

occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes.



THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary

An appeal ( PIL ) to the honourable supreme court of India



The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public

welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights

since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into

crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted " town municipal / city

corporation laws & building laws" , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it's occupants , to ensure the

safety of pedestrians & road users.



Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have

illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have

encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of

fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.



There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes

, authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before

authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become

millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls

water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken

place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE

KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of

protecting the PIL applicant & upholding the law has taken sides with the land grabbers.





The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now ,

the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The

governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not

yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers,

where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich &

mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby ,

HUMAN RIGHTS WATCH urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL

applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.


ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE



During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not

allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on

employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are

getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made

by the cunningness of civic bodies.

Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh

villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner.


LAND MAFIA IN KARNATAKA



The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore

& other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in

favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for

current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for

crores of rupees.



1. the authorities are not demolishing these illegal structures & prosecuting the occupiers.



2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less

than the market value.



3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is

free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are

planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites

meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for

commercial purposes.



Hereby , HRW urges the govt of karnataka & other authorities ,



1. to clearly demarcate the govt lands & announce it boldly to the public.



2. To clearly demarcate lands meant for public amenities both for current & future usage.



3. To clearly demarcate lands required for town planning say 20 years down the line.



4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc.



5. To impartially act against illegal occupiers – rich or poor.



6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan.



7. Before denotification public objections must be called for & considered responsibly.



8. After denotification the land must be sold at the market rate not the govt rate.



9. In case of land usage conversion also the objections from the public must be called for & considered responsibly.



10. After land usage conversion an alternate land must be incorporated in the plan for the original use.



11. In case of land usage conversion also the occupier must be charged at the market value.



12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family

member's properties with provision for public scrutiny, cross checking.



13. To ruthlessly prosecute the corrupt officials & ministers.



14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore.

Also the action taken report.


ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT



Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes

have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind

land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even

the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give

out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land

looser. In such cases the govt does not have authority to force the land owner to sell his property.



In this mysore-bangalore 4 lane expressway project, following inconsistencies are there,



1. this road is not for free public use, but only for those who pays the toll fees.



2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can

afford it.



3. The govt has concluded this deal in a hush-hush manner.



4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can

ill-afford.



5. The govt has not paid the prevailing market value to the land loosers.



6. The govt has not given the option to land owners not to sell their property.



7. This whole project is for rich , built by the rich for the rich & not meant for public welfare.



The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by

wealthy people for wealthy people why cann't they cough- up market value?


CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A)
AGAINST A POOR WOWAN



The B.D.A flouts it's own rules & spreads red carpet for big land developers & land grabbers. B.D.A posting is a huge money spinner for corrupt

officials. The corrupt B.D.A officials work hand in glove with criminal elements & rowdies. They illegally evict genuine allottees who are poor &

without any connections from allotted prime lands & sell-off those prime land to the highest bidder of bribe. The poor fellow is re-alloted lands in

backward areas & in some cases left in the lurch.



Now , take the following case. Mr. S.D. chandrashekaraiah a poor old man aged around 80 years was allotted with house no.185, kumaraswamy

lay-out, first block, bangalore in 1978 vide letter no.

310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.



The chairman of B.D.A has allotted the built house on lease cum sale basis. The poor old man mr. S.D.chandrashekaraiah complied with all the

rules & in accordance with it even deposited 25% of the house cost in B.D.A'S account. However when he went over to his allotted house for

residing in it, he found out some rowdy elements were already residing there. He complained about this matter to the legal owner of the house ie

B.D.A . the B.D.A officials didn't take steps to evict the illegal encroachers nor did they make any complaint to the police. His appeals to B.D.A,

chief minister of karnataka , etc fell on deaf ears. Hurt by this gross injustice & mounting financial burdens the poor old man died.



Subsequently, the poor man's daughter smt. Nagalakshmi who was also very poor , appealed to the B.D.A authorities once again , to evict illegal

encroachers from her father's allotted house. This time the corrupt B.D.A officials played a different game. They showed her a vacant house,

gave her oral instructions to live in that vacant house & told her that they will regularise it in due course. The hapless poor woman took huge loans

& repaired the house fit for occupation. Just before she was to occupy that house , corrupt B.D.A officials once again planted rowdy elements in

that house. Once again the poor woman was cheated. She lost her house, on top of it her loan burden mounted.



Till date, that poor woman is suffering from these gross injustices of B.D.A . SHAMELESS B.D.A OFFICIALS who take thousands of rupees

salary & perks every month, all at the expense of tax-payer has not even cared to rectify the injustice. Thereby, they are violating the poor

woman's fundamental & human rights.



Hereby, HUMAN RIGHTS WATCH urges the honourable chief minister of karnataka, honourable lokayuktha for karnataka , honourable chairman

national human rights commission , honourable chairman national commission for women & honourable chairman state commission for women

karnataka, to take the appropriate action & to speedily provide justice to this poor woman.


citizens of india vs supreme court of india



Dear Madam / Sir ,

Hereby , I am producing cases of human rights violations in India , by the Indian police , Indian judges & Indian public servants. Our publication e -

Voice Of Human Rights Watch is struggling against the double standards of Indian police & Indian judiciary , in a democratic manner. Will you

lend your support to this struggle ?

Read full text of the article : Citizens Of India Vs Supreme Court Of India at following web pages :

http://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiancitizen.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/
,http://hrwpaper.blogspot.com/ ,
http://e-voiceofhumanrightswatch.blogspot.com,
http://evoiceofhumanrightswatch.rediffblogs.com/ ,

http://indiancitizens.rediffblogs.com/









Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR ,

HEBBAL ,MYSORE ………. 570017 INDIA……………………cell :09341820313
home page : http://groups.yahoo.com/group/naghrw, http://groups.google.co.in/group/hrwepaper/,
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http://e-voiceofhumanrightswatch.blogspot.com,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
A member of AMNESTY INTERNATIONAL INDIA

Raid by karnataka lokayukta on corrupt police

e –Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R....vol.4…issue.05......02/02/2008

Editorial : Raid by Karnataka lokayukta on police officials

- seizure of crores worth illegal wealth

KINDLY REVIEW ALL THE PREVIOUS OFFICIAL ACTIONS OF THESE CORRUPT OFFICIALS AS THERE ARE EVERY POSSIBILITY OF INNOCENTS SUFFERRING INJUSTICES & RICH CRIMINALS GOING SCOT FREE.

in our neighbourhood , in our society private sector employees earning rs.10000 monthly income are finding it hard to meet ends , whereas many of the government officials earning lesser salary than that are leading luxurious lifestyles , how ?

Just yesterday Karnataka lokayukta raided & apprehended high police officials for possessing crores worth illegal wealth much above their stated legal incomes.

recently in the last week Karnataka lokayukta raided , seized illegal wealth of corrupt police , transport officials. The corruption is wide spread in public service including Karnataka lokayukta , central vigilance commission & CBI itselves. In 2006, when Karnataka lokayukta arrested 5 corrupt police officials & taking them in police jeep , 2 corrupt police officials escaped like petty criminals in cinematic manner.

There are vast number of corrupt public servants who are continuing their crimes unabetted due to their sharing arrangements with their higher ups. Only a minute number of corrupt are being booked, by the efforts of honest few in Karnataka lokayukta , CVC & CBI . The paradox is that the government instead of legally prosecuting those criminals – corrupt officials , is sitting over their files for years & have reinstated , promoted tainted officials.

Why do rich people / criminals pay bribe to police ? definitely not for charity , but not to mention their names in the FIR , to let them continue their crimes unabetted , to suppress evidences / witnesses , not to make their arrests , to conduct improper investigations , to close a case with B report , not to produce evidences / witnesses before the court , to fix-up poor innocents , to force the poor innocents to do the bidding of rich criminals , etc .

As a result of these sell out of police duties , rich criminals are going scot free , poor innocents are suffering in jail & corrupt police are amassing illegal wealth.

In the same way corrupt health department officials / doctors are selling out post mortem reports , medical certificates for a price , giving out certificates of legal compliance to adulterated food / medicine manufacturers , thereby killing thousands of people in their selfish greed to make more money.

The labour / pollution control board officials are selling out certicates , to criminal industrialists who are indulging in unfair labour practices , occupational hazards , thereby killing poor people , in their greed to make a fortune.

The tax officials are making lesser / favourable tax assessments favouring industrialists /traders for a price, aiding them to evade tax. As a result the public exchequer is loosing money , for it's social welfare , defence , other programmes. The ill-gotten wealth of industrialists / traders ie BLACK MONEY is disturbing our national economy & finding it's way to underworld , mafia & terrorist outfits.

The corrupt police , tax officials , public servants are worse parasites than britishers . the threat & damge to india's security , integrity is more from these criminals - corrupt public servants than from USA , CHINA or PAKISTAN.

God save my country . jai hind. Vande mataram.

Your's sincerely,

Nagaraj.M.R.

AN APPEAL TO HONOURABLE KARNATAKA LOKAYUKTA , CENTAL VIGILANCE COMMISSIONER & DIRECTOR CENTRAL BUREAU OF INVESTIGATION

Hereby , we do call upon Karnataka lokayukta , central vigilance commission & CBI

1. To stop accepting all government officials reports , reports as sacrosanct documents , most truthful evidences.
2. to publish wealth details of it's own staff & all public servants department wise annually with provision for cross verification by public.
3. to make it mandatory for all public servants including judges , constitutional functionaries to submit annual wealth statements on affidavit & to make it public with provision for cross verification by public.
4. to initiate legal action for those giving false statements on affidavit.
5. the corrupt public servants who intentionally give false information or hide information under one pretext or the other while information is sought under RTI Act , all with a view to hide crimes must be legally prosecuted as criminals as in normal legal recourse persons who help criminals in destroying evidences , crimes are prosecuted.
6. the corrupt officials don't leave evidences in open. Their higher ups who have taken kick backs from their corrupt subordinate always give a favourable report about him. So, during legal prosecution those reports must not be relied upon. In fact , there is a gross mismatch between government reports & ground reality. Take for example , in mysore construction is going on in INFOSYS campus on huge scale . most of the construction workers are not even covered by statuotary requirement of ESI , PF. The occupational hazards are more , accidents are common place , recently even deaths of workers have occurred due to occupational hazards . in the media also it was reported , in the media report it was even mentioned that vijayanagar police have registered a case & investigating. However when the information about it was sought from labour commissioner of Karnataka as per RTI Act , assistant labour commissioner of mysore has stated that no occupational deaths have taken place in either 2006 or 2007. SEE THE GROUND REALITY IS DIFFERENT WHEREAS THE GOVERNMENT RECORD , LABOUR DEPARTMENT RECORDS SING A DIFFERENT TUNE. THE FAILURE IN OUR DEMOCRACY IS THAT THESE FAKE RECORDS , STATEMENTS OF GOVERNMENT OFFICIALS ARE TAKEN AS ULTIMATE TRUTH BY COURTS OF LAW & PROSECUTING AUTHORITIES. I can give more actual examples like this.
7. so , involve public in the inspection teams , raiding parties of tax department , labour department , excise department , drugs control , weights & measures , etc. these public can put a check to the corrupt practices , fake records of these corrupt government officials.
8. kindly do remember that in 2006-07 , a corrupt judge was exposed by media efforts. The said corrupt judge in his urgency to collect bribe has not even looked at the INTENDED PERSONS TO BE ARRESTED & blindly signed the copies of arrest warrant . the arrest warrant was against H.E . PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA & HONOURABLE PRIME MINISTER OF INDIA. As in the normal working of government machinery if it was pursued , president of India , chief justice of India & prime minister of India should have been arrested. Technically speaking it was right. However common sense prevailed & the higher judiciary took appropriate action as the issue concerned VVIPs. Normally our courts of law , authorities work without common sense like horses of horse cart whose eyes are partially covered allowing only narrow vision , just by relying on government reports , records of corrupt public servants. The courts , authorities just functions by technicalities. This must stop for the sake of justice , fairness.
9. when a public makes complaint to Karnataka lokayukta , CVC or CBI about corrupt practices of a public servant , they must stop relying on the legal opinion of it's own advocates as they just rely on government records. Take for example the wrong legal opinion of legal expert of Karnataka lokayukta. The lokayukta has legal jurisdiction to inquire into all Karnataka state government institutions & organizations funded , supported by government of Karnataka. There are other examples where In Karnataka lokayukta has taken action against employees of Karnataka government aided institutions . The PES COLLEGE OF ENGINEERING mandya is funded & aided by government of Karnataka , but when we made a complaint regarding corruption in that institution , the legal expert of Karnataka lokayukta gave his expert opinion that the said institution is out of lokayukta's legal jurisdiction , so no action is called for . based on this opinion Karnataka lokayukta rejected my complaint. Some of these legal experts are indirectly covering up criminals , stop relying on their expert opinions.
10. when a complaint is given to Karnataka lokayukta , CVC or CBI they in turn ask the complainant himself for supporting evidences , records. The government has given them vast police force to enforce law , to inquire & to collect evidences. How can a commoner can collect evidences , the criminal don't leave evidences in open , all the commoner can do is make complaint regarding the injustices he has suffered. The complaints must be accepted & inquired into with or without evidences , lack of evidences should not be the sole reason for dismissal of complaint as presently Karnataka lokayukta , CVC & CBI are doing .
11. review all the past official decisions of corrupt officials apprehended by Karnataka lokayukta , CVC & CBI. As there are possibilities of innocents suffering injustices & rich criminals going scot free.

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 3^rd 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 3^rd degree torture methods. Hereby , we also request you to make public JUSTICE A.J. SADA SHIVA COMMISSION's findings about atrocities by STF personnel.

citizens of india vs supreme court of india

Dear Madam / Sir ,

Hereby , I am producing cases of human rights violations in India , by the Indian police , Indian judges & Indian public servants. Our publication e - Voice Of Human Rights Watch is struggling against the double standards of Indian police & Indian judiciary , in a democratic manner. Will you lend your support to this struggle ?

Read full text of the article : Citizens Of India Vs Supreme Court Of India at following web pages :

http://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiancitizen.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/
,http://hrwpaper.blogspot.com/ ,
http://e-voiceofhumanrightswatch.blogspot.com,
http://evoiceofhumanrightswatch.rediffblogs.com/ ,

http://indiancitizens.rediffblogs.com/

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

who will bell the CORRUPT JUDGES OF INDIA ?

e –Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraj.M.R....vol.3…issue.31......13/10/2007

Editorial : PRANAM BAPUJI

We at e – voice of human rights watch & e – clarion of dalit salute our FATHER OF NATION – BAPUJI shri. MOHANDAS KARAMCHAND GANDHI , ON THE OCCASION of WORLD NON- VIOLENCE DAY ( 02^ND OCTOBER ) ie GANDHI JAYANTHI.

Our tormentors , occupiers , britishers have been thrown out by the sacrifices of bapuji , bhagath singh , savarkar , subash Chandra bose , Nehru , patel & numerous other freedom fighters.

However in the place of britishers , most worst tormentors , most inhuman cruel people – CORRUPT PUBLIC SERVANTS have come to rule over India , over us. As per constitution of India , law is same for all , law treats all citizens as equals. It is the corrupt public servants , who harass , torture poor innocents in the name of government rule , law , whereas favourably treat rich & mighty criminals by favourably interpreting the same law.

On this holyday of GANDHI JAYANTHI , let us all pledge to fight against corrupt public servants , in the path shown by bapuji – non-violent , peaceful , democratic struggle. Let us join our hands with the honest few left in public service.

Let us weed out following corrupt persons from society :

Corrupt police – who torture innocents , murders innocents in lock-up , fake encounters , who cooks up evidences & frames innocents , who lets off rich criminals by improper investigations , by closing case with B report , etc.

Corrupt public prosecutors – who conduct improper arguments favouring the rich & mighty.

Corrupt judges – who sentence innocents to jail , while letting free rich crooks by favourable interpretation of law.

Corrupt labour department officials – who connive with industrialists , traders & make workers suffer in inhuman , dangerous work conditions with grave occupational hazards.

Corrupt pollution control board officials – who connive with industrialists to run polluting industries , destroying the health of public & murdering public.

Corrupt tax officials – who connive with industrialists / traders in evading tax , robbing national exchequer.

Corrupt revenue officials – who mercilessly demolish hutments , evict poor , tribal people from public land , whereas legalize , regularize huge land encroachments by rich & mighty.

Corrupt corporation / municipal officials - who allow traders to sell adulterated dangerous food products , colas , juices to the public , thereby destroying the health of public & murdering them.

Corrupt health department officials – who make poor patients suffer for not paying bribe , who deny proper medical care , surgeries , medicines to poor patients for not paying bribe.

Corrupt drugs control department officials – who connive with industrialists , manufacturers of medicines producing fake medicines , adulterated medicines & selling it to public , therby destroying the health of public & murdering public.

These corrupt people are the main causes for the genesis of terrorism , naxalism , underworld in India. Let us , come free of all isms , communism , secularism , rightist , leftist movements, etc & respect HUMANISM – RESPECT FOR EACH HUMAN BEING AS A HUMAN BEING. Let us build ram rajya of bapuji's vision – TRUE DEMOCRATIC INDIA. This bapuji's vision is aptly described by following two poems by great Indian poets. PRANAM BAPUJI , PRANAM BHARATH MAATHA. JAI HIND . VANDE MATARAM.

WHERE THE MIND IS WITHOUT FEAR

Where the mind is without fear & the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches it's arms towards
perfection
Where the clear stream of reason has not lost it's way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever widening thought and action
Into that heaven of freedom , my father
Let my country awake.

VANDE MATARAM

Mother, I bow to thee!
Rich with thy hurrying streams,
bright with orchard gleams,
Cool with thy winds of delight,
Dark fields waving Mother of might,
Mother free.

Glory of moonlight dreams,
Over thy branches and lordly streams,
Clad in thy blossoming trees,
Mother, giver of ease
Laughing low and sweet!
Mother I kiss thy feet,
Speaker sweet and low!
Mother, to thee I bow.

Who hath said thou art weak in thy lands
When the sword flesh out in the seventy million hands
And seventy million voices roar
Thy dreadful name from shore to shore?
With many strengths who art mighty and stored,
To thee I call Mother and Lord!
Though who savest, arise and save!
To her I cry who ever her foeman drove
Back from plain and Sea
And shook herself free.

Thou art wisdom, thou art law,
Thou art heart, our soul, our breath
Though art love divine, the awe
In our hearts that conquers death.
Thine the strength that nervs the arm,
Thine the beauty, thine the charm.
Every image made divine
In our temples is but thine.

Thou art Durga, Lady and Queen,
With her hands that strike and her
swords of sheen,
Thou art Lakshmi lotus-throned,
And the Muse a hundred-toned,
Pure and perfect without peer,
Mother lend thine ear,
Rich with thy hurrying streams,
Bright with thy orchard gleems,
Dark of hue O candid-fair

In thy soul, with jewelled hair
And thy glorious smile divine,
Lovilest of all earthly lands,
Showering wealth from well-stored hands!
Mother, mother mine!
Mother sweet, I bow to thee,
Mother great and free!

INDIA: Indian judiciary's contempt for accountability and scrutiny is a shame - BY ALRC

The Delhi High Court on September 21, 2007 sentenced the editor, the resident editor, the publisher and the cartoonist of English daily Mid-Day guilty in a contempt of court case. The charge against the convicted journalists was that they published a report and a cartoon concerning the former Chief Justice of India, Mr. Y.K. Sabharwal. The report and the cartoon were published after Mr. Sabharwal retired from service.

The report, relying upon documentary evidence, alleged that the judge's two sons Mr. Chetan and Mr. Nitin had made material benefits out of their father's position in the Indian judiciary as a senior judge and also as the Chief Justice of the country. The report alleged that the judge’s sons managed their business from their father's official residence at 6 Moti Lal Nehru Marg, New Delhi. The report further alleged that the Chetan and Nitin also availed huge loans from a nationalised bank in favour of their business concerns without providing adequate collateral security. There were also allegations that the judge's two sons were allotted prime land by the Uttar Pradesh state government with heavy price concessions, an act which was under investigation. The investigation was however stayed later by the Supreme Court.

The Supreme Court of India is known for using the constitutional mandate and authority to initiate actions of public interest. The court in the past has even taken note of newspaper reports to initiate suo motu actions against suspected breach of law and misuse of office by public servants. This earnestness and enthusiasm has not been thus far reflected in the Indian courts' approach against scrutinising the activities of the courts and its judges. On the contrary, the Indian courts have been very parochial in its approach in facing criticism.

Earlier this year, the Supreme Court of India had forced Mr. Vijay Shekhar, a journalist with a television news channel, who exposed the caucus of a corrupt magistrate, his court staff and some lawyers in Gujarat state in the "Warrants for Cash" scam to apologise to the court or to face a term in jail for contempt of court. The court staff and the lawyers were caught on camera negotiating and accepting bribe for the magistrate for issuing arrest warrants. In the episode which was telecast nationwide, the magistrate after accepting bribes, issued arrest warrants on false charges against the President of India and the Chief Justice of the Supreme Court.

The Supreme Court took up the matter and directed the Gujarat High Court to initiate an internal enquiry against the concerned judicial officer and his staff. The judge was however absolved by the Gujarat High Court without examining the complainants. Thereafter, the Supreme Court of India condemned the journalist who had carried out this operation and threatened to send him to jail for contempt unless he apologised.

The conviction and sentencing of journalists of Mid-Day for publishing information about the conduct of Mr. Sabharwal has brought to the fore the issue of judicial accountability. The Indian judiciary is one of the most powerful judiciaries of the world. The conduct of the judiciary has a direct impact upon the life of the ordinary people of the country. It is imperative in these circumstances that a state institution of such high powers must be transparent and accountable for its actions. The courts in India have however consistently avoided calls for accountability despite there being many instances of serious allegations of misconduct and misdemeanour. At one time Justice S. P. Bharucha, former Chief Justice of India, admitted that about 20 percent of the higher judiciary in India is corrupt. According to Justice Michael Saldahna of the Karnataka High Court it is 33 per cent. Despite there being such admissions, no enquiry has ever been initiated against any judge for past 15 years.

Under the Constitution of India, the only way to remove a judge from the High Court or the Supreme Court is by way of impeachment. This constitutional provision has failed miserably. Its ineffectiveness was clearly demonstrated in the case of Justice V. Ramaswami. At the same time, despite verbal homilies, the courts and judges have been the most reluctant to evolve even a self-monitoring mechanism for accountability. Such a situation has caused enormous arrogance and abuse of power.

This is reflected in the procedure adopted for appointment of judges in the higher judiciary as well. Even though the appointment is made by the President of India, the selection is made by the collegium of judges. The selection process is non-transparent and all attempts to make the process transparent have been resisted by the judiciary thus far.

Demanding judicial accountability has almost certainly caused initiation of contempt proceedings, thereby, stifling of free discussion on the issues plaguing the judiciary in India. Unwarranted use of contempt of court proceedings in fact diminishes the public perception about the judiciary's openness and transparency, of which the case against the Mid-Day publishing house is the latest.

There are judicial systems within Asia which are considered to be failed beyond the point of recovery. Of this, the most glaring example is the judiciary in Sri Lanka, which is now facing criticism on all counts including politicisation of the judiciary to meet the ends of a corrupt Chief Justice. The Chief Justice of Sri Lanka, an infamous figure in the country, is feared for abusing contempt of court proceedings against anyone who opposes his questionable actions.

The Supreme Court of Sri Lanka has now stooped down to a stage where public perception about the impartiality of the court and its competency to decide matters on merits is at an all time low. As a result the general public views the courts in Sri Lanka as a failed state apparatus which in fact adds to the decades long ethnic conflict in that country.

The term democracy implies the notion that the people are supreme. All state institutions, whether it be the judiciary, legislature or the executive are merely the servants of the people. The basic principle behind the contempt of court proceedings is that the use of this authority by the court must be only in circumstances where otherwise the functioning of the court is impossible or obstructed.

In India under the Contempt of Courts Act, 1971, the term 'contempt' is not defined. Therefore if any person makes adverse comments against the court or a judge, the power to punish for "scandalising the court…" is frequently invoked. This approach is considered obscure in most established jurisdictions.

The contempt of court action must not be an attempt to protect the dignity of the court, but to promote the administration of justice. The dignity of the court is promoted by the court being humble enough to face criticism, whereas promotion of justice is to be carried out by removing all hindrances in the delivery of justice. By the unrestrained use of contempt of court actions the courts in India are in fact derogating from their duty to safeguard the Constitution of the country, which also guarantees freedom of speech and expression in Article 19 (1).

The honour of the judge and the judiciary - a state institution through which a judge is supposed to serve the people - is promoted and protected by the openness of the judge and the judiciary to face any criticism. Intolerance to scrutiny and lack of openness equates the judge and the judiciary with a dictator.

At this pace the Indian judiciary once known for its eloquence and its contribution to the advancement of free thought and expression will soon be reduced to an egotistical institution. Such a judiciary is definitely not what modern India aspires for. India as of today requires a transparent, accountable and sensitive judiciary.

The imperatives for the judiciary in India are obvious. It has a duty to protect, promote and fulfil the Constitutional guarantees. The judiciary must be open and transparent with a clear conscience that it is not beyond criticism. For this, it must be accountable to the people, which it is bound to serve. The judiciary in India is the last hope of a fragmented society, which when fails to respect its responsibilities, will soon bring insurmountable peril to the country and its people.

India’s false pride over human rights by ALRC

Indians take pride in their country for many reasons, ranging from democracy to unity in diversity. This “pride speech” is often heard from the middle class and neo-rich; people who are sometimes completely disconnected from reality.

The government of India too misses no opportunity to boast about itself. This was seen in the interventions and representations made by the Indian government delegation during the fifth session of the United Nations Human Rights Council in Geneva during June 2007.

Interestingly, the interventions made by the representative of the National Human Rights Commission (NHRC) in the same session were of the same tone as those of the government delegates. The NHRC praised itself and claimed success in promoting, protecting and fulfilling human rights and human values. It was evident that the NHRC was playing the role of a backbench supporter of the government rather than that of an independent agency monitoring human rights.

The NHRC was thus the victim of its own false pride. By depicting itself as an effective, authoritative and independent agency committed to rooting out human rights violations in India it hit upon precisely those qualities that it lacks: independence and authority.

Appointments to the NHRC and state human rights commissions are done at the pleasure of the government. In most such commissions, the appointment of the chairperson is at the whim and fancy of the particular state government. For example, the appointment of the chairperson of the Kerala State Human Rights Commission was successfully challenged in court on grounds of nepotism and corruption. However, the person whose appointment was challenged continues as a member of the commission.

The role of the human rights commissions at both the national and state levels is to recommend to the government what action it should take in cases of human rights violations. Whether or not the government heeds these recommendations is another thing. At the Human Rights Council the NHRC implied that its recommendations are followed and that the commission does have some influence upon the government and its actions and polices pertaining to human rights. This is to exaggerate the NHRC’s role.

The state human rights commissions, as well as the NHRC, do not have enough resources to effectively investigate cases brought to their notice. The commissions usually refer cases to the respective state police. When the complaint against the police is thus referred for investigation to the same police department the commission is playing at make-believe.

If the commission enjoys a privileged position with the government of India, as claimed at the Human Rights Council, why has the government not fulfilled the commission’s request for more resources to investigate cases? If the government had provided the commission with the necessary physical and human resources to function effectively, the victims would have had a better chance for redress from the commission.

The NHRC also made a false claim to the council by saying that 100 million Indian rupees (USD2.47 million) had been distributed to the victims of human rights abuses, or their next of kin. One may wonder where did all this money go? It is true that recommendations for payments were made, but in how many cases have these been complied with? Hundreds of victims have not received compensation as awarded by the commission.

So what if the government fails to comply with NHRC recommendations? Any aggrieved party, including the commission, can approach a court. And what happens when a litigant approaches a court in India? It often takes decades for a case to be closed. And if a case is to end up in court anyway, why shouldn’t the victim of abuse simply go straight there instead of approaching the commission to begin with?

Despite its claims at the UN Human Rights Council, no one believes that the government of India respects the NHRC or lends it its full support. The council and similar forums present limited opportunities for human rights agencies like the NHRC to present facts, not fiction. When they instead turn themselves into meek supporters of the government due to false pride and self-deceit, the victims of human rights abuse are the losers.

What is wrong with India’s public prosecutors?

In mid-2006, an appointment was made to the office of the district government pleader and public prosecutor in a district of Kerala, southern India. It had taken around a year for the government to decide on who would be appointed to the post. This was because there were several lawyers competing for the post, all of who were willing to pay huge sums of money as bribes in order to be appointed.

Why is the post of public prosecutor so coveted? The reasons are simple, but alarming. The prosecutor works very closely with the police. The prosecutor’s badge gives free access to police stations. A close nexus with the police helps prosecutors to literally “chase” the victims of motor vehicle accidents and represent them in court. In these cases the amount charged in fees can be as high as 50 per cent of the compensation awarded.

Accident claims are not the only source of “additional” income for prosecutors. They collect even more bribes for favorable treatment while bail applications are being considered in criminal cases. The rates vary according to the seriousness of the alleged crime and the importance of the accused. Similar possibilities exist during trials. In a recent case involving a former chief minister in the state of Tamilnadu, it is alleged that the prosecutor collected at least one million rupees (over USD24,000) in bribes to ensure the favorable treatment of the accused during the trial.

And the possibilities for demanding bribes don’t end there. Prosecutors can sell the details of prosecution witnesses to the accused. They may also be paid to force witnesses to make contradictory statements in court to the benefit of the other party. And services rendered as a result of bribery can include framing a person with false charges: in India, anyone can easily be charged with a false case and punished for a crime they have not committed.

The work of the lawyer who was successful in “bidding” for the post of district government pleader and public prosecutor in Kerala is illustrative. He charges a minimum of 2000 rupees (USD50) as a bribe for every bail application. In June 2007 an accused man charged into his room after being released on bail and assaulted him for delaying his release in spite of his having been paid. The prosecutor did not complain, even though he was assaulted in his room in front of his subordinates. However, he has threatened to increase his “rates” since the job involves more risks these days.

The government for its part has shown little interest in any aspect of work by the public prosecutor. The condition of the prosecutor’s offices in any local court throughout the country speak volumes about how little regard is had to their role. Most prosecutors do not even have a telephone line in their offices, let alone fax machines and the Internet, even though the office depends on communication with various police stations in order to effectively perform its work.

The prosecutor’s office in India has been reduced to that of a brokering house, where deals between criminals and the police are struck. It is in some parts a dreaded place for the ordinary person, much the same as the average police station. Attempts to reform the criminal justice system in India must start by addressing these basic issues.

Low-caste children still starving in Uttar Pradesh

Mulayam and Maya, both five-years-old, and Rema, two, live in the Raitara Musahar ghetto in the village of Pindra in Varanasi District, Uttar Pradesh. Mulayam suffers from Grade III malnutrition and has already lost vision in his left eye. Maya and Rema suffer from Grade IV malnutrition, which is life-threatening. They may be dead already.

The three children are not fortunate enough to receive any medical care or, needless to say, enough food. All three are from the Musahar (literally translated as “rat-eating”) community. The Musahars are considered to be “untouchables” in the Hindu caste system. They live in appalling conditions and are forced into bonded labour and other forms of exploitation by the upper castes. This occurs mostly at the hands of the neo-feudalists of the state—the Patels and Yadavs—otherwise known in the rest of India as members of the Other Backward Community, or OBC.

After the implementation of welfare policies for the backward communities in India, the Patels and Yadavs have taken over the position once occupied by Brahmins. They have quickly discovered the benefits of an economy rooted in caste-based discrimination. The reign of former state chief minister Mulayam Singh, a Yadav, helped this system along through the most corrupt means.

The land that the Patels and Yadavs have acquired by various means, often illegal, requires a large amount of labour. The easy option has been to make use of members of the scheduled castes and tribes, including Musahars, who even today are deprived of any form of education or employment other than forced labour on farms. Though they live amid lush and fertile fields, they are not allowed to take a single grain to their houses from these. A family may get less than the equivalent of a single US dollar for a week’s work, and be forced to depend on discarded food to survive.

The Patels and Yadavs, who have now become village heads and landlords, prevent the Musahars from getting medical care and access to welfare schemes from which the Patels and Yadavs themselves benefit. Moreover, while the public food distribution shops, now also under the control of the Patels and Yadavs, receive food grains in the name of the Musahars and other backward castes, the grains are fed to the cattle, not to the people. In fact, the bulls, cows and buffalos of the Patels and Yadavs are better fed than members of the untouchable communities who work for them.

Mayawathi, the new chief minister of Uttar Pradesh, though herself belonging to the outcaste Chamar community has done little to resolve the exploitation and destitution of the Musahars. She has declared at least a few dozen times that the eradication of caste-based discrimination is her government’s priority, but practically nothing has been done toward achieving this policy objective.

One problem is that any policies and programs that the state administration initiates to address caste-based discrimination must be locally implemented. This requires the cooperation of the Patels and Yadavs who literally rule the localities. The public service is so corrupt that even the most willing head of state cannot correct it without implementing strong measures. The police and judiciary have withered to such an extent that to reinforce these public institutions would require a substantial amount of effort for a considerable period of time.

Thus although the chief minister has spared no public space to claim that caste-based discrimination will not be tolerated by her government, translating this speech into action will take much more effort. So far there has been nothing to show for it. If this lack of action continues, Mayawathi will start to look no different from her predecessor. Yet while her predecessor helped members of his community and the Patels, whatever Mayawathi does, she will never be accepted as either a Patel or a Yadav.

Varanasi’s wholesale market for women

Varanasi, or Banaras, is described on the world map as a holy city for both Hindus and Buddhists. What is less known about Varanasi is that the city is also a wholesale market for women. Shivdaspur, within the jurisdiction of the Maduadih police station, is known for its red light district. Here women and children are brought from various parts of India and neighboring countries for sale into the sex trade.

The women and children who arrive here are first “seasoned”: they are raped several times by “trainers” before being made available to customers. The trainers include local politicians and policemen. After the “training”, they are expected to entertain local customers for a while before being sold to other brothels across the country and abroad.

The involvement of police and politicians ensures that there is little interference with the business. Anyone who tries to interfere finds the wall of protection so strong that it is practically impenetrable.

In the past few years Guria, a local human rights group, has tried to rescue dozens of women and children who have been brought to Shivdaspur. The group gets inside information about the trade. Thus after being informed that on 25 October 2005 a batch of women would be sold, Guria decided to launch a rescue operation. Beforehand it informed the Maduadih police station, even down to the time when the women would change hands. However the police, in spite of repeated calls, failed to show up. Finally, with no other means, Guria went ahead by itself. Thereafter, the police did appear, and promptly chased away the group’s volunteers. They later charged Guria’s activists with allegedly breaking into houses and destroying property.

In response, there was an immediate public outcry against the police and the flesh trade flourishing under their protection. Finding their involvement in illegal activities exposed, the police registered cases against several pimps and a few other people connected with the sex industry.

However, their investigations overlooked the kingpin of the sex trade in Shivdaspur, Rahmat Khan, who continued to collect money from brothels and walk openly on the streets, even though an arrest warrant had been issued for him. The local police, including high officers, feared that if Khan were arrested he might reveal sensitive information, exposing some of the police officers and the flourishing trade under their watch. Consequently, Khan was shot dead in November 2005, and his body was found in a remote village away from the city. The police version was that he was shot while resisting arrest. With Khan now dead, the police believed they had saved themselves from prosecution and further embarrassment.

The case against the pimps and the countercase against Guria are both now being fought in the courts. Each time the case against the rest of the pimps is taken up by the trial court, Khan’s wife, one of the accused along with several other criminals, obtains a stay order from the Allahabad High Court. In response to these stay orders, Guria files an objection with the court and has the stay order vacated. Although opposing a stay order is the duty of the state prosecutor, the prosecutor in the high court allows the application to be heard unopposed. The court, which is supposed to consider each application on its merits irrespective of whether it is opposed by the state or not, allows the application without the least hesitation. Guria is now caught in a battle in which it is playing the part not only of human rights group, but also those of state prosecutor and the police.

To flourish, crime depends upon the help of corrupt law enforcement officers. The trafficking of women and children is no exception. For as long as the police keep benefiting from the sex trade in Varanasi, the city will continue to remain a city of widows and prostitutes, as well as holy cows.

Chhattisgarh for sale!

Want to buy a river? Welcome to Chhattisgarh! If you are not interested in a river, it can offer you a forest or a hill. You can do anything you wish with these natural resources. Once bought, you can drain the river dry, bulldoze a hill or clear a forest. It is all yours! If you have any problem with the local people, the state government will take care of them. Those who protest will be charged with fabricated crimes and thrown into prison indefinitely.

Chhattisgarh has one of the worst records in India in terms of meeting basic human needs, including food. The state also has the largest tribal concentration in India as a percentage of the population. Starvation deaths are especially common among the tribal communities. Health and sanitation conditions among them are the worst in the state, and state officials routinely abuse their authority.

Meanwhile, day after day the local population discovers that natural resources are being sold from underneath them. The rivers, for example, are being sold to “water corporations”, which then prohibit villagers from access. Leaseholds over mineral-rich lands result in forced evictions almost daily. Evictees are quarantined in camps throughout the state. Those who fight back are charged with fabricated crimes and imprisoned.

So it is not surprising that Chhattisgarh, which was only formed in 2000, has not witnessed a single violence-free day in its seven-year history. As its administration has a zeal for selling the state’s natural resources to the highest bidder, it has increased the affinity of ordinary people with the armed resistance promoted by Naxalite forces there. The state administration, in a failed attempt to curb the Naxalites, a left-wing revolutionary group, has armed local populations that it deems to be sympathetic. This state-sponsored private armed militia is ironically called Salwa Judum, meaning Peace Mission.

The Salwa Judum has been formed under the leadership of a local politician, Mahendra Karma. Even minors are armed with weapons and trained to kill. The Salwa Judum personnel are given a piece of cloth printed with the words “Special Police Officer”, which is pinned to their shirt. This cloth badge guarantees impunity. Any crime committed by a “special police officer” is left unchallenged by the state’s law enforcement officers.

To keep opposition at bay, the state administration has also passed the Chhattisgarh Special Security Act, 2006. Even though this law violates several constitutional guarantees, the Supreme Court of India has repeatedly adjourned hearings into its legality.

In the past, the court resorted to similar tactics when the validity of the Armed Forces Special Powers Act, 1958 was being challenged. After several attempts to challenge this law, the court in the mid-1990s finally declared that it could not be quashed, but passed directions on how it should be used. The law remains in force to date and is misused across India’s northeastern states. It has resulted in a large number of gross violations of human rights, including rape, torture, forced disappearances and extrajudicial killings, all of which are carried out with impunity.

Under cover of such draconian laws, state governments are able to silence any opposition from within. It goes without saying that a law that bestows unbridled powers on any agency has been written in order that it serve as an instrument of abuse. It is legally correct to say that legislation cannot be struck down on the basis of mere apprehensions of misuse. However, if a law is designed in such a way that its very existence will inexorably lead to human rights violations, the Supreme Court should exhibit the common sense and discretion to strike it down.

In Chhattisgarh anyone who speaks up in favour of ordinary people is branded as anti-state. In May human rights activist Binyak Sen was arrested and detained for alleged association with Naxalites. Then in August, the government ordered the closure of offices and a halt to all activities of the international medical aid group Médecins Sans Frontières (MSF), alleging that it was providing medical help to Naxalite cadres in several villages. Investigators have failed to produce any evidence to link either MSF or Sen with the rebels. But anyhow their shared crime was to care about the rural people there.

The international community and national government can no longer be silent over what is happening in Chhattisgarh. Such lack of action has led to the “disturbed zones” of the northeast; similar inaction will soon turn Chhattisgarh into another casualty of India’s chaotic modernization.

Dynamics of the Rajasthan drug trade

Reshma never knew what she was carrying. She was asked by a “friend” to go to Ajmer in Rajasthan and hand over a small parcel, which was supposed to contain letters to the person waiting for her at the railway station. Instead railway police met her there; her parcel was found to contain drugs, not letters. Now Reshma is in prison awaiting trial. She was told by her lawyer that if found guilty she will be sentenced to seven years.

Conditions in prison are uncomfortable, of course, but worse awaits a female detainee. Prison officers may use her to satisfy their sexual urges; she may even be taken out of the prison for “external services”, mostly in the sex trade. This violence against women occurs with the connivance of various government officers, including those in the judiciary.

Every person detained awaiting trial, perhaps for years, must have their remand extended by a judge every 14th day, at which time the detainee must be produced on the court premises. However, detainees, women in particular, are not brought into the building. Instead they may be transported elsewhere. The presiding officer extends the remand without ever seeing the person. Meanwhile, with the connivance of the prosecutor, court staff and judge, the women are elsewhere being forced to meet “clients” who book them through the prison officers. Thus by the time that a female detainee has her case finally tried—perhaps after five to 10 years—she is likely to be emotionally broken and physically unfit for anything other than to wait for the imminent death that looms, having contracted HIV/AIDS or other serious sexually transmitted diseases.

Meanwhile, in and around Manur, the poppy keeps growing. Though the license for most farmers is for a small patch of land, the actual area of cultivation is usually much larger. The excess is brought to market through routes watched over by law enforcement officers. However, now and then they make a few arrests and recover some drugs for the sake of the record. Reshma is a victim of one of these operations.

The trade also depends upon the support of local politicians and state-level party leaders. Political parties support the drug trade irrespective of ideologies and affinities, as the huge amount of money involved also funds their activities. In the recent past, the ruling party and its factions distributed weapons to followers in the name of religion. Naturally, a large amount of money was required to procure these arms. The party leadership ordered cadres to raise money locally. Enter the drug mafia.

Yet another group within the state structure supports the trade: the judiciary. An alarming number of court staff as well as presiding officers in the state judiciary are corrupt. The state government has spared no effort to induct officers favourable to its interests into the system. The policy is meticulously followed in appointments ranging from court clerks to high court judges. In such a corrupt system, it is difficult for officers with integrity to survive.

While the state of Rajasthan boasts about its culture and tradition, much less is known about its role in promoting and supporting the international drug trade. Needless to say, the role of a fallen justice system is never debated while human rights groups inside and outside of Rajasthan lament the deteriorating condition of the rule of law there.

Kerala needs more than a police complaints authority

The political parties that form government in Kerala have a special technique to dispel public opinion. Whenever pressure increases over a particular issue, they constitute a commission of inquiry.

Recently, one was constituted under a retired high court judge to inquire into alleged custodial deaths. Its appointment was widely advertised. However, the public was not adequately informed on ways to contact it. After wasting some public money, it predictably exonerated the government and state police. Public figures in Kerala, who used to take to the street and block traffic to protest about issues like droughts in other countries, had nothing to say about the whole thing.

Unfortunately, police violence is not news in India, and Kerala is no exception. Various governments have used the police to kill, torture and terrorize ordinary people. The police are in exchange permitted to continue with all sorts of unethical and illegal practices.

In Kerala, “policeman” has become a euphemism for ineptitude. What can one expect, when recruitment, transfer and promotion are all determined by political allegiances and bribes? However, the state government is now facing new pressure to reform the service. This time though it is not from within the state, but from the Supreme Court of India.

The trouble for the government began when Prakash Singh filed a case in the Supreme Court requesting its intervention to remove the unwarranted control that state governments have over policing across India. Ironically, Singh was also a police officer. The Supreme Court finally decided the case, ordering state and central governments to de-link the police from politicians. But the court, based on its experience, knew that the state governments would never implement its directives without pushing. Thus, it set deadlines to implement its orders.

The government of Kerala tried to rally a few other state governments to file a revision against the order on grounds that it infringed its authority. However, the court refused to budge, leaving no other option than for its directives to be implemented.

It is at this point that the government of Kerala decided to constitute a new policing institution. On February 12, it set up the Police Complaints Authority, established in accordance with the Kerala Police Act (Amendment) Ordinance of 2007.

While a welcome development, this decision is not in complete compliance with the court’s directive. The ordinance, issued to meet the deadlines set by the Supreme Court, has in fact diluted its orders. For example, the direction of the Supreme Court is that the “recommendations of the Complaints Authority, both at the district and state levels, for any action, departmental or criminal, against a delinquent police officer shall be binding on the concerned authority”. However, the ordinance has reduced this to:

Recommendations of the Authority . . . against a delinquent police officer shall be binding in so far as initiation of departmental proceedings or registration of a criminal case is concerned. Such recommendation shall, however, not prejudice the application of mind by the inquiry officer or the investigating officer when he is conducting the departmental inquiry or criminal investigation, as the case may be.

Similarly, the ordinance has reduced the power of the state and district level complaints authorities to that of civil courts. The Supreme Court’s direction is to provide the complaints authorities’ independent investigative facilities to investigate a complaint as in a scientific criminal investigation. Under the current ordinance, no such provision exists.

Anyhow, now that the state government of Kerala has begun setting up the Police Complaints Authority, the government must immediately ensure that the authority will have the resources it needs to serve its mandate. The problem the government might face, if it fails to do so is that, is that it will again have to convince the highest court of India that it has done what it is legally bound to do.

Nandigram shows collapse of rule of law in India

India claims to have a legal system based on its constitution, with respect for human rights and the rule of law. But often individuals and interests overpower the constitution; human rights are usually the first casualty of executive and bureaucratic fiat and the rule of law collapses at the whim of people in power.

A recent example was the killings in Nandigram, in the state of West Bengal: the outcome of a brewing discord between local farmers, the state government, and the henchmen of a political party that have ruled the state unchallenged for the past three decades.

On 14 March 2007 at Nandigram, an agrarian hamlet in East Midnapur District, 14 people, including children, lost their lives. In addition, several people were injured, houses were vandalized and burned, and women were raped. Why did it happen?

In Nandigram, the government wanted land to establish a special economic zone for a private business group. The news disquieted the villagers, whose mainstay is agriculture on small patches of land. They knew that the compensation usually offered by the government would never be enough for their survival in the future. Desperate, they began to organize and resist the government’s decision with the support of some political parties and opportunistic interest groups. On the fateful day, the police and other government security forces forced their way into the village, trying to break this resistance, with fatal consequences.

The rule of law places everyone on an equal footing, but where was this egalitarianism when the attempt was on to force thousands from their holdings without proper compensation for the economic benefit of a few? The logic of development requires that those who make sacrifices should partake in its benefits. In Nandigram, this tenet was missing. Consequently, the local people had every right to be wary of the outcome.

Another foundation of the rule of law is that the will of the people should prevail over that of despots. But where was the government reflecting the people’s will in Nandigram? In Nandigram, it instead brutally unleashed police and henchmen on the people. It now says that the incident was unfortunate and avoidable, but it is too late. People are dead and injured, and their property has been destroyed.

Sadly, police shootings and killings are not isolated incidents in India. The experiences of people from Kalinga in the state of Orissa, in the northwest region of the state of Rajasthan, and Mutanga in the state of Kerala mirror those of the villagers in Nandigram. Media coverage generates debate, but it quickly evaporates as the news passes from the public’s consciousness. Some inquiries and commissions follow, but the illegitimate use of force is never seriously questioned or punished.

What will be the destiny of the villagers in West Bengal? If there too the culprits are never brought to court, India may perhaps lose one of its last chances to hold itself up to claims that it is a democracy based on the rule of law.

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