Tuesday, November 11, 2014

Bhopal Gas Tragedy & JUDGEs fit to be Jailed ?


S.O.S   e - Voice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.10..Issue.46........15/11/2014


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

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

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

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


The chief justice of india  is not replying to my repeated show-cause notices ,damage payment notices nor taking appropriate legal actions , in time . However the public servants take their thousands of rupees salary & perks well in time without fail on 1st  of every month. As a result of continued negligence of constitutional duties since years we public are suffering injustices , crimes which could have been prevented are taking place. Thereby CJI is aiding the criminals in committing crimes & cover up of crimes , in the course becoming a criminal himself. We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary &among police who are greater threat to India’ security & integrity than Pakistani terrorists  or  chinese  military.

 Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason  , Right  to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression. In a democracy , people have a right to know how the public servants are  functioning . However till date publicservants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to  suppress native Indians ). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not beingfollowed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is note worthy. Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information is sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal workpractices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service .The information we are seeking are no defense secrets , no national secrets .The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty ,constitutional functionaries. They have not even enquired the guilty VVIPs  even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files. Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions. As the trial court Judges cross verify the antecedents , history of the parties in a case to ascertain party’s honesty ,integrity , as the investigating police officers cross check the antecedents , history of a complainant / accussed /witnesses to ascertain their honesty , integrity of the accussed / complainant ,in the same way the parties in a case , as complainant / accussed / witnesseshave a right to ascertain the integrity , honesty of the trial court judge &  investigating police officers to ensure they are not biased and provide a fair ,level ground. JAI HIND. VANDE MATARAM. 

Date: 26.04.2014                                                                                   Your’s  sincerely ,
Place : Mysore                                                                 Nagaraja.M.R




 


Editorial : Mr. M K Hanjura & Ms. Smita Vats Sharma -  Criminals in Supreme Court of India

   We made RTI requests , appeals  to  Supreme Court of India repeatedly  to seek information regarding criminals within judiciary , legal fraternity & police. Mr.M K Hanjura Registrar & RTI First Appellate Authority  and Ms. Smita Vats Sharma CPIO  declined information citing unavailability.  Does not SCI maintain service records of judges ? Whole public world knows about  churchill’s men among judiciary  - judges involved in rape , dowry harassment , misuse of office , etc,  but on record Ms.Smita Vats Sharma and Mr. M K Hanjura doesn’t know anything. Police question innocents for hours , apply 3rd degree torture methods to extract answers which are convenient for police. Advocates & Judges make innocents stand in witness box , ask tens of questions  hearing after hearing. But when it is the turn of  JUDGES themselves  to stand in witness box  and answer questions  publicly , they are not answering. Does that mean silence is the acceptance of guilt , crime by judges ? Will the police dare apply 3rd degree torture on those  rogue judges ?
   We are seeking information about rogue judges  :
1.  For their legal prosecution at appropriate forum.
2.  To  make litigants aware about the antecedents of  judges handling their cases. If the judge handling their case  is facing allegations  litigants can opt for transfer of case to a honest judge’s court.
3.  To make convicts / sufferers of injustice  meted out at the hands of  judges (facing allegations) to appeal for retrial of their closed cases & to seek justice in a honest judge’s court.

By repeatedly covering – up crime & criminals , by covering – up judges committing crime , Ms. Smita Vats Sharma and Mr. Mr. M K Hanjura themselves   have committed crimes. Will the new CJI look  into the matter , to uphold rule of law.

Jai Hind. Vande Mataram.

Your’s sincerely ,
Nagaraja M R



SUPREME  COURT  JUDGES  Hiding  CRIME  &  CRIMINALS
APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 
APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 ) 

RTI First Appeal Before :
Shri . M.K. Hanjura ,
Registrar & RTI  First  Appellate  Authority ,
Supreme Court of India ,
New Delhi .

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,
EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

"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.  Some of the below  mentioned  judges  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters.

Eventhough  the information is readily available with SCI , information was denied citing unavailability.  If at all information is not truly available , why didn’t the   CPIO  TRANSFER rti  application to concerned departments of SCI  , Ministry of Law , Justice , Respective High Courts , etc.

The  action  of  CPIO  SCI  amounts  to cover up  of judges & their crimes. Thereby  , CPIO  is also committing  a crime. With respect  to previous RTI Appeals  also  CPIO & RTI  First Appellate Authority  SCI  have repeatedly  committed  crimes  by  covering up  judges & their crimes.  Billions of indians  are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them  / shame to JUDGEs that they  draw  pay  &  perks  amounting to lakhs of rupees from our money , from taxes paid by us still not do their  constitutional duties properly.

GIVE  WHAT  ACTION HAS BEEN  TAKEN AGAINST  THE  GUILTY JUDGES   MENTIONED  IN THE BELOW MENTIONED WEB SITES & FOLLOWING  ARTICLES.

We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :
 Atrocities on  Women  by  JUDGES

  A – Z   of   Manipulation  of  Indian  Legal  System

Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND
Rajiv Gandhi Assassination Cover-up
SHAME  SHAME  MPs  &  MLAs
JUDGEs  or  Brokers  of  Justice

RTI  &  Land  Golmaal


Hereby ,  we  do request  CPIO  O/O  Honourable Chief Justice of India  , Supreme Court  of India , New Delhi  to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

1 . How many judges are booked for graft , sexual crimes , crimes against women , irregularities , amassing disproportionate wealth , failure of duty , getting illegal allotment of sites & other crimes since independence till date , yearwise ?
2. what action taken casewise ?
3. are the action taken similar to commoners , common people committing same type of crimes ?
4. did all the cases handled by tainted judges subjected to review , retrial by other honest judges ?
5. how many advocates were prosecuted by court for influencing witnesses / evidences , for tutored / concocted evidences , etc since independence till date , yearwise ? what action ?  if not why ?
6. how many police officials / law enforcing officials were prosecuted by court for influencing , intimidating witnesses through threats , 3rddegree torture , for concocted evidences , etc since independence till date , yearwise ? what action ? if not why ?
7. how many police / law enforcement officials  were prosecuted for lock-up deaths , fake encounters , illegal detention , 3rd degree torture , etc since independence till date , yearwise ? what  action ? if not why ?
8. in how many cases police / law enforcement officials were made to pay compensation to innocent victims who were wrongly charged , detained & tortured , murdered by police , since independence till date , yearwise ? what action ? if not why ?
9. in some cases , on appeal judgements of higher court  turns down the judgement of lower court. In how many such cases , lower court judge is made to pay compensation  to victims of their wrong judgement , since independence till date  yearwise ? what action ? if not why ?
10. how many judges have defaulted in filing their annual  financial returns giving out their wealth , income details , yearwise since  independence till date ? what action ? if not why ?
11. how you are verifying the annual financial returns of judges ?
12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?
13. how many death sentances were carried out & how many are pending ?
14. how many police officials were made to pay compensation  & prosecuted for defamation , when innocents falsely charged by police were acquitted , dropped from charges by courts ? if not why ?
15. how many lower court judges were made to pay compensation & prosecuted for defamation , when innocents  wrongly convicted by lower court , but on appeal higher courts acquitting , dropping them of charges ? if not why ?
16. are judges getting paid from public exchequer , for their expenses on liquor / alcohol , body massages , etc in their  TA  DA  bill  while on  tour , official visits , official parties hosted by judges ?
17. how many appeals for justice concerning public welfare , violation of human & fundamental rights , threat to lives / livelihood , etc  were made to supreme court of india , by nagaraja mysore raghupathi alias nagaraja M R alias myself since 1990 till date ? appeals were made through ordinary post , registered post , e-mail & by web through DARPG , DPG. What  ACTION taken by supreme court of india with  respect to each appeal ?
18.  due to negligence / connivance of supreme court judges injustices were meted out to  public & public are still suffering injustices. Crimes which could have been prevented by SC happened eventhough brought to early notice of supreme court. What action against erring SC Judges ? if not why ?
19. I have repeatedly offered my services to supreme court of india , to apprehend criminals  within  judiciary , police & public service. What action taken by supreme court of india ? if not why ?
20. in my legal struggle for justice , due to negligence / connivance of SCI  judges  I have suffered murder attempts on my life , job losses , my newspaper closed , not getting press accreditation to my web news papers , threats by rowdies , police , etc. what action against erring chief justice of india ? if not why ?
22. I repeatedly appealed to supreme court of india to permit me to appear as amicus curie before supreme court of india   & jain commission of enquiry  regarding late PM Rajiv Gandhi assassination case. I was not permitted why ?
23. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?
24. Law is one & same for all , but law enforcement  & law interpretation  is not same  for common people , Judges  & Police ? why ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1990-2014 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
 PUBLIC INFORMATION OFFICER  WHO FAILED TO GIVE INFORMATION :
CPIO ,  o/o  Chief Justice of India , SUPREME  COURT OF INDIA , NEW DELHI.

FEES PAID : IPO  22F  282805  for rupees ten only

DATE :  15.08.2014 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)


Written  Argument – RTI  APPEAL

At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned throught includes all public servants  discharging  judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise  their voice seeking justice  are silenced in many ways. The criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible  for it.

Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith  , we once  again  appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

To my repeated appeals for justice , repeated appeals to utilize my services to apprehend criminals , repeated PIL petitions , repeated appeals for information under  RTI act , your  response  was silence  with respect to RTI applications  literally no information was given to 99% of  queries nor you transferred the queries to respective department which can provide answer .  This silence or  intentional negligence of duty  amounts to crime cover –up.  Due to improper action  on your  part  crimes  which could have been nipped at the bud (information of crime given by us to SCI)  happened  , which amounts to abetting crime.  Once again  if you deny me  information to following queries , you are  reinforcing the proof that concerned supreme court of india judges are also CRIMINALS themselves.  Answer following  questions :

1 . How many judges are booked for graft , sexual crimes , crimes against women , irregularities , amassing disproportionate wealth , failure of duty , getting illegal allotment of sites & other crimes since independence till date , yearwise ?
2. what action taken casewise ?
3. are the action taken similar to commoners , common people committing same type of crimes ?
4. did all the cases handled by tainted judges subjected to review , retrial by other honest judges ?
5. how many advocates were prosecuted by court for influencing witnesses / evidences , for tutored / concocted evidences , etc since independence till date , yearwise ? what action ?  if not why ?
6. how many police officials / law enforcing officials were prosecuted by court for influencing , intimidating witnesses through threats , 3rddegree torture , for concocted evidences , etc since independence till date , yearwise ? what action ? if not why ?
7. how many police / law enforcement officials  were prosecuted for lock-up deaths , fake encounters , illegal detention , 3rd degree torture , etc since independence till date , yearwise ? what  action ? if not why ?
8. in how many cases police / law enforcement officials were made to pay compensation to innocent victims who were wrongly charged , detained & tortured , murdered by police , since independence till date , yearwise ? what action ? if not why ?
9. in some cases , on appeal judgements of higher court  turns down the judgement of lower court. In how many such cases , lower court judge is made to pay compensation  to victims of their wrong judgement , since independence till date  yearwise ? what action ? if not why ?
10. how many judges have defaulted in filing their annual  financial returns giving out their wealth , income details , yearwise since  independence till date ? what action ? if not why ?
11. how you are verifying the annual financial returns of judges ?
12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?
13. how many death sentances were carried out & how many are pending ?
14. how many police officials were made to pay compensation  & prosecuted for defamation , when innocents falsely charged by police were acquitted , dropped from charges by courts ? if not why ?
15. how many lower court judges were made to pay compensation & prosecuted for defamation , when innocents  wrongly convicted by lower court , but on appeal higher courts acquitting , dropping them of charges ? if not why ?
16. are judges getting paid from public exchequer , for their expenses on liquor / alcohol , body massages , etc in their  TA  DA  bill  while on  tour , official visits , official parties hosted by judges ?
17. how many appeals for justice concerning public welfare , violation of human & fundamental rights , threat to lives / livelihood , etc  were made to supreme court of india , by nagaraja mysore raghupathi alias nagaraja M R alias myself since 1990 till date ? appeals were made through ordinary post , registered post , e-mail & by web through DARPG , DPG. What  ACTION taken by supreme court of india with  respect to each appeal ?
18.  due to negligence / connivance of supreme court judges injustices were meted out to  public & public are still suffering injustices. Crimes which could have been prevented by SC happened eventhough brought to early notice of supreme court. What action against erring SC Judges ? if not why ?
19. I have repeatedly offered my services to supreme court of india , to apprehend criminals  within  judiciary , police & public service. What action taken by supreme court of india ? if not why ?
20. in my legal struggle for justice , due to negligence / connivance of SCI  judges  I have suffered murder attempts on my life , job losses , my newspaper closed , not getting press accreditation to my web news papers , threats by rowdies , police , etc. what action against erring chief justice of india ? if not why ?
22. I repeatedly appealed to supreme court of india to permit me to appear as amicus curie before supreme court of india   & jain commission of enquiry  regarding late PM Rajiv Gandhi assassination case. I was not permitted why ?
23. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?
24. Law is one & same for all , but law enforcement  & law interpretation  is not same  for common people , Judges  & Police ? why ?



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 itself commits crime - violations of RTI Act , constitutional  rights & human rights of public  and obstructs the public from  performing their constitutional fundamental duties , what happens ? it  gives a booster dose to the rich & mighty , those in power , criminals  in public service to committ more crimes. that is exactly what is  happenning in india. the educated public must raise to the occassion &  peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF  MAHATMA GANDHI'S DREAM.

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in an unambiguous  manner.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has  the right to obstruct the discharge of these duties by citizens of India. No legal  privileges of constitutional functionaries is superior over the  FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.
We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed  back , to ascertain whether we are getting equal opportunity , whether  we are getting equitable justice , etc , we need information . so ,
basically Right To Information  is an inalienable part of our  fundamental rights & human rights. What RTI Act has done is fixed time  limit , responsibilities of public servants up to  certain extent. However the citizen's fundamental right & human right to seek  information extends far beyond the scope of RTI Act.
Hereby , we seek complete  truthful information from supreme court of India , with respect to my RTI application appeal. HEREBY , WE ARE  ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST &  JUSTICE. Hereby ,  we request you to register this appeal as a PIL  petition & to ascertain the stand of apex court on various matters  raised in my RTI Application , in public interest & equitable justice. Read :

Notice  to  CJI  Justice  R M  Lodha

Why  NOT  Punishment for Rapist  Judges & Police ?

https://sites.google.com/site/sosevoiceforjustice/_/rsrc/1403967373655/why-not-punishment-for-rapist-judges-police/da9d6838-133a-494f-9978-0618ede61949wallpaper1.jpg?height=240&width=320


We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC.  I  do hope sense  of  constitutional propriety , justice will prevail.  JAI HIND. VANDE MATARAM.

Date : 15.08.2014                                                                Your’s sincerely,
Place : Mysore                                                                     Nagaraja.M.R.


PAY  UP  Justice  R M Lodha ,  Shri  M K Hanjura & Smt Smita Vats Sharma  -  DAMAGES  PAYMENT  /  FINAL SHOW-CAUSE NOTICE TO  CHIEF JUSTICE OF INDIA 

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

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

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

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

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

If i am  repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , 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.

Date :  15.08.2014……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja M R


APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 
Ref : DEPOJ/E/2014/00531  RTI   First  Appeal  sent  via DARPG 
APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 ) 

RTI First Appeal Before :
Shri . M.K. Hanjura ,
Registrar & RTI  First  Appellate  Authority ,
Supreme Court of India ,
New Delhi .

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,
EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned throught includes all public servants  discharging  judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise  their voice seeking justice  are silenced in many ways. The criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible  for it.

Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith  , we once  again  appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

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 itself commits crime - violations of RTI Act , constitutional  rights & human rights of public  and obstructs the public from  performing their constitutional fundamental duties , what happens ? it  gives a booster dose to the rich & mighty , those in power , criminals  in public service to committ more crimes. that is exactly what is  happenning in india. the educated public must raise to the occassion &  peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF  MAHATMA GANDHI'S DREAM.

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in an unambiguous  manner.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has  the right to obstruct the discharge of these duties by citizens of India. No legal  privileges of constitutional functionaries is superior over the  FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.
We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed  back , to ascertain whether we are getting equal opportunity , whether  we are getting equitable justice , etc , we need information . so ,
basically Right To Information  is an inalienable part of our  fundamental rights & human rights. What RTI Act has done is fixed time  limit , responsibilities of public servants up to  certain extent. However the citizen's fundamental right & human right to seek  information extends far beyond the scope of RTI Act.
Hereby , we seek complete  truthful information from supreme court of India , with respect to my RTI application appeal. HEREBY , WE ARE  ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST &  JUSTICE. Hereby ,  we request you to register this appeal as a PIL  petition & to ascertain the stand of apex court on various matters  raised in my RTI Application , in public interest & equitable justice.


We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :
 Atrocities on  Women  by  JUDGES

  A – Z   of   Manipulation  of  Indian  Legal  System

Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND
Rajiv Gandhi Assassination Cover-up
SHAME  SHAME  MPs  &  MLAs

Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.
Main  A :
1.      What  action you have taken against judges involved in atrocities against women , casewise ? if not  , why ?
2.      What action you have taken against judges involved in land scams , casewise ? if not , why ?
3.      I have shown with actual cases  how manipulation / fixing takes place , from  complaint filing to judicial pronouncement stage. Are the judges & police , above law ?
4.      I have numerous PILs , RTI appeals  before supreme court of india. But they were  not registered , not honoured , why ?
5.      To my  legal notice / show cause notice / damage payment notice to supreme court of india & chief justice of india , till date I have not received the reply , why ?
6.      Is it not the duty of supreme court of india to protect the life & liberty of all Indian citizens ?
7.      Is it not the failure of supreme court of india, when it failed to protect the life of  a complainant ?
8.      By negligence of their duties , are not supreme court judges  aiding & abetting  criminals , anti nationals & terrorists ?
9.      While crores of Indians are barely surviving  on a single piece meal a day , people dying due to starvation , supreme  court judges are getting salary & perks amounting to lakhs of rupees  from the same suffering public / public exchequer. Are not those  duty shirking judges  ashamed ?
10.   What action you have taken against judges involved in hushing up late prime minister rajiv Gandhi assassination  case ?
11.  Why the supreme court of india didn’t allow me to appear before it  in the said case of  late PM Rajiv Gandhi Assassination  Case ?
12.  Why  the supreme court of india didn’t protect my life , my job oppurtunities , my newspaper  from the wrath of criminal  nexus ?
13.  When  even cable TV  journalists , web journalists are getting PRESS / MEDIA accreditation , my web news papers , myself are not getting  PRESS accreditation since 9 years , why ?
14.  Are the supreme court  judges  hand in gloves with the criminal nexus ?

Main  B :
You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

Your inaction / delay in performing your duties not only amounts to denial of information , but  amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s  a crime in itself ?

If your acts of crime cover-ups  , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader  is just & legal. The same type of acts of crimes  performed by other citizens will also be legal ?

Main  C :
At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?
2.                  why transparent , fair investigation is not done in such cases ?
3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?
4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?
5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?
6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?
7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?
8.                  what legal action taken against violators , defaulters , for giving false affidavits ?
9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

Main  D :
1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?
2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?
3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?
4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?
5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?
6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?
7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?
8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -http://crosscji.blogspot.com/  ,http://crossexamofchiefjustice.blogspot.com/  ,http://crimesofsupremecourt.wordpress.com/  ,http://crosscji.wordpress.com/  ,http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –http://crosscji.blogspot.com/  ,http://crossexamofchiefjustice.blogspot.com/  ,http://crimesofsupremecourt.wordpress.com/  ,http://crosscji.wordpress.com/  ,http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –http://crosscji.blogspot.com/  ,http://crossexamofchiefjustice.blogspot.com/  ,http://crimesofsupremecourt.wordpress.com/  ,http://crosscji.wordpress.com/  ,http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIAhttp://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITEDhttp://crimesatrpg.blogspot.com/  ,http://crimesatrpg.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIAhttp://megafraudbygoi.blogspot.com/  ,http://megafraudbygoi.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?http://megafraudbygoi.blogspot.com/  ,http://megafraudbygoi.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALShttp://megafraudbygoi.blogspot.com/  ,http://megafraudbygoi.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?http://megafraudbygoi.blogspot.com/  ,http://megafraudbygoi.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campushttp://crimeatinfy.blogspot.com/  ,http://crimeatinfy.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor womanhttp://crimesofbda.blogpot.com/  ,http://bdacrimes.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in Indiahttp://landscamsinindia.blogspot.com/  ,http://landscam.wordpress.com/   ,http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Presshttp://theftinrbi.blogspot.com/  ,http://theftinrbi.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of Indiahttp://deathcola.blogpot.com/  ,http://deathcola.wordpress.com/  ,http://groups.yahoo.com/group/naghrw/message/201
HONOR OF INDIAN PALIAMENT FOR SALE
Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh


9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?
10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?
11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?
12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?
13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?
14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?
15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?
16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

 Main   E  :

Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?
Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?
Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges
Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?
Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?
Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?
Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?
Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?
Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?
Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?
Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?
Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?
Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .
These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

 YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1994-2014 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

PUBLIC INFORMATION OFFICER  WHO FAILED TO GIVE FULL INFORMATION:
CPIO , SUPREME  COURT OF INDIA , NEW DELHI.

FEES PAID : IPO  22F  282814  for rupees ten only

DATE :  21.06.2014 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

Frazer Town rape: Inspector arrested for delaying FIR

Pulakeshi Nagar Inspector Mohammed Rafiq, who has been booked under section 166a of the IPC for failing to register a rape case in Bangalore’s Frazer Town, has been arrested by Halasoor Police on Friday.
Assistant Commissioner of Police (Halasoor Sub division) G.B. Manjunath, who is investigating the case, questioned Mr. Rafiq for more than tow hours. The Inspector was later let out on conditional bail.
Mr. Rafiq was accused of not only delaying the filing of an FIR in the rape case but also allegedly tried to dilute the issue. The victim brought it to the notice of the City Police Commissioner, who ordered the Jurisdictional ACP to conduct an inquiry in this regard.
The preliminary inquiry revealed that Mr. Rafiq was guilty following which he was kept under suspension. On Thursday, an FIR was filed against him in the same police station where he was working.

DSP among six arrested on charge of deer hunting

Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve. The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.
They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.
“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.
The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.
“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. 

Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve. The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.
They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.
“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.
The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.
“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. 

Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve. The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.
They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.
“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.
The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.
“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. 

Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve. The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.
They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.
“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.
The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.
“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. 

DACOITY  by  Mysore  Police  -  An embarrassment for police top brass

Mysore: Southern Range IGP's gunman Prakash has reportedly named some senior policemen as his partners-in-crime in the Rs2-crore seize-swindle scam.
Prakash was thoroughly grilled following his arrest on Tuesday. Sources in the police said PK Garg, additional director general of police of the CID—it being the agency probing the case—interrogated Prakash, the gunman serving IGP K Ramachandra Rao. Sources in the police department did not identify the top cops Prakash has reportedly named.
Sources in police said that two members of the squad that raided the bus were not supposed to be there. When intercepted, the bus was in Yelawal police's jurisdiction, but the police squad had two members working with Bannur police.
Meanwhile, sub-inspector Jagadish and Sathish, who were part of the team that raided the bus, were arrested when they came to Bangalore to apply for anticipatory bail.
DG&IGP Lalrokhuma Pachau has asked the CID to leave no stone unturned in the investigation and to get incriminating evidence against every policeman involved in the case, regardless of his rank.
Police sources said the CID has obtained the telephonic conversation between Prakash and the police informants who tipped him off about the bus carrying the moolah. Sources said Prakash, the informants and the raiding party exchanged many a call the night the bus was raided and the cash was seized.
The case
On January 4, a police team led by sub-inspector CD Jagadeesh intercepted a Kerala-bound private bus belonging to Kalpaka travels at Yelwal about 1.30 am, after receiving information that a huge sum of money was being transported in it.
They reportedly found Rs2.27 crore in the bus, and took the driver Akthar Hussein and cleaner Muneer into custody. The bus was first taken to Yelwal police station and later some policemen asked the driver to park the bus on Mysore-Bantwal Highway.
The policemen allegedly took six bags of money kept in the bus and dumped one of them containing cash Rs20 lakh in the tools box of the vehicle.
While the driver denied that he was aware of the money kept in the tool box, the FIR mentioned that he was illegally carrying cash Rs20 lakh.
After the driver came out on bail, some gold merchants from Kerala accused the police of swindling their money. They claimed that the money was obtained from the sale of gold in Bangalore by their local agents. They also claimed that the money was kept in a secret box located in the middle of the bus floor and that it was known only to the driver.
The gold merchants also approached Kerala home minister Ramesh Chennithala, who asked his Karnataka counterpart to look into the matter. Going by the veracity of the case, the DG & IGP had transferred the investigation to the CID.
Following this, the accused policemen are on the run. Some of them have also applied for anticipatory bail. The CID has so far arrested four people, including the gunman of the IGP and three police informants.
The CID sleuths have requested the court to permit them to book a dacoity case against the accused.

In August 2002, a group led by the then assistant commissioner of police (Traffic-Vijayanagar), A Belliappa, allegedly robbed the employees of a gold merchant from Kozhikode of Rs19 lakh. The errant police staff posed as customs officials and robbed the two employees, who were returning to Kerala in a private bus. Belliyappa was dismissed for his involvement in the case.
In November 2010, Mico Layout police station inspector CN Janardhan was suspended for irregularities. He was charged with misusing recovered property. He had allegedly sold 2.4 kg gold - worth Rs3.45 lakh - that was recovered from the accused in Muthoot Gold Finance theft case. He was also facing several other charges.
In January this year, the police inspector of HAL station Rajesh and three constables were suspended for allegedly extorting Rs3 lakh from an old offender by threatening to book him in a false case. The errant policemen had extorted money from Javed, who had complained about it to DCP (South East). A preliminary internal probe revealed that the policemen had received Rs3 lakh and had distributed the money among themselves and they were suspended later.  Police are on the lookout for Rajesh.
‘Top cops embolden juniors in khaki to play it dirty’
Despite being warned by the chief minister and the home minister to not involve in illegal activities, the Bangalore police personnel, time and again, are caught for their misdeeds.
A retired police officer, requesting anonymity, said policemen involving in illegal activities is an old trend. “The nature of the work demands nexus with people with criminal background to gather information. Ethical policemen use such information for professional requirements only, but some policemen use such information for their personal gain. What is disheartening is that some senior police officers, who have to set an example for their juniors, identify with such policemen and keep them close,” he said.
“The lower-rung policemen get into direct contact with senior officers by neglecting hierarchy. The seniors encourage them to involve in illegal activities and protect them whenever they get into trouble. Making huge money is the sole objective behind this,” he stated.
“Police are exposed to all kind of criminal activities owing to the nature of their work. So, they think that they can easily get away by committing some or the other offence,” another officer said.



Government asks Supreme Court collegium to elevation of Justice KL Manjunath

The government is learnt to have returned a file relating to the elevation of a Karnataka High Court judge as the Chief Justice of the Punjab and Haryana High Court to the Supreme Court collegium with a request to reconsider its decision.
The Law Ministry is understood to have returned the file relating to the elevation of Justice KL Manjunath as Chief Justice of the Punjab and Haryana High Court to the Supreme Court collegium headed by Chief Justice of India Justice RM Lodha.
As per practice, Justice Lodha had consulted a senior Supreme Court judge who had served in the Karnataka High Court, on the elevation of Justice Manjunath.
The senior judge had flagged certain issues in his two-page note to the Supreme Court collegium.
Taking note of the issues raised by the senior Supreme Court judge, the Law Ministry returned the file to the collegium with a request to reconsider its recommendation.
As per the Memorandum of Procedure for appointment of High Court judges, the Chief Justice of India sends his recommendation for the appointment of a puisne judge of the High Court as Chief Justice of High Court in consultation with the two senior most judges of the Supreme Court.
He also ascertains the views of the seniormost colleague in the Supreme Court who is conversant with the affairs of the High Court in which the recommendee has been functioning.
If the Supreme Court collegium sticks to its recommendation, the government will have to approve the name.
This for the second time that the NDA government has returned to the Supreme Court collegium file pertaining to appointment of a judge.
Chief Justice Lodha had expressed unhappiness at the government's decision to unilaterally segregate the name of senior lawyer Gopal Subramanium's from three others who were appointed to the top court.
"I fail to understand how the appointment to a high constitutional post has been dealt with in a casual manner. The segregation of Gopal Subramanium's file was done unilaterally without my knowledge and concurrence which was not proper," Justice Lodha had said.
But the government had defended its decision to return the recommendation of the Supreme Court collegium saying its move was based on "proper, cogent and sound" grounds. 

Supreme Court Collegium Takes on Government on Justice KL Manjunath's Appointment

The Supreme Court collegium has reiterated its recommendation to elevate Karnataka High Court judge KL Manjunath as Chief Justice of Punjab and Haryana High Court, turning down the Centre's advice to reconsider it, say sources.

The Top Court's decision sets the stage for another round of confrontation between the executive and the judiciary. The Chief Justice of India, R M Lodha had earlier this month criticized the government for dropping former Solicitor General Gopal Subramanium's name from the panel of names suggested by the collegium for appointment as Supreme Court judges. 

The latest round of standoff between the two sides arose after the Centre returned the Supreme Court collegium's recommendation on elevating Justice Manjunath, the senior-most judge of the Karnataka High Court, and sought clarification based on complaints against him from a senior judge of the Supreme Court. 

The Supreme Court Collegium, after examining the complaints, found no merit in them, and reiterated its recommendation to shift Justice Manjunath as Chief Justice of the Punjab and Haryana High Court, sources said. 

With the Top Court collegium standing firm on its position, the Centre now has no option but to appoint Justice Manjunath as Chief Justice of the Punjab and Haryana High Court.

Karnataka HC judge faces conflict of interest in housing case

A judge of the High Court of Karnataka is set to hear a case that is likely to impact the fate of a housing society plot owned by his daughter.
An investigation by The Hindu shows that K.M. Chaitra, daughter of Justice K.L. Manjunath, was allotted the plot when she was living with her father and showed his residence as her address. The allotment appears to put Justice Manjunath in a position of conflict of interest as he heads a Division Bench that is hearing a public interest litigation (No. 21860/2011) petition related to allotment of housing society plots.
The petitioners in this PIL have questioned a Government Order (GO) passed on November 20, 2010 by the State BJP government. The GO legalises the allotment of housing society plots to non-members by admitting them into the cooperative society as associate members at the time of sale.
Documents accessed by this newspaper show that Ms. Chaitra was not a member of the Vyalikaval House Building Cooperative Society and was made an Associate Member at the time of the allotment of a 5,460 sq. ft plot at Nagawara, an upmarket area on the road to Bengaluru International Airport.
The sale deed dated February 8, 2004 shows that the plot was sold to her for Rs. 6.82 lakh. As on date, the plot is estimated at Rs. 1.63 crore @ Rs. 3,000 per sq. ft. Meanwhile, hundreds of members who joined the housing society in 1984 continue to wait for an allotment.
Significantly, the allotment to Ms. Chaitra was made at a time when she stayed with her father. This is borne out by the fact that the permanent address, mentioned in the sale deed, is that of Justice Manjunath. Further, as per the list of assets declared by the judge, he is the owner of that residence.
Consequently, the allotment appears to be in violation of Section 10 (a) of the government-framed model bye-laws for house building cooperative societies, which mandates that an allottee or her family should not have any other residential property in Bangalore; the same section also bars multiple allotments.
The very rationale for cooperative housing societies rests on the premise that they enable persons who are unable to pay market prices to afford a dwelling unit at subsidised cost. Indeed, Section 10 (a) was in fact inserted in the bye-laws to ensure that only genuine and needy persons are allotted sites. It is for this reason that aspirants were mandatorily required to file affidavits declaring that they do not own any other residential property in the city. This is done in order to weed out applicants who do not demonstrate a dire need for a dwelling unit, a lawyer familiar with the rules said.
Justice Manjunath declined to comment when The Hindu contacted him on Wednesday evening for a response.
Asked for his legal opinion, Team Anna member and Supreme Court lawyer Prashant Bhushan said, “The [housing cooperative society] plot allotment scam is a huge one in Karnataka. Justice Manjunath should not hear the case because of conflict of interest. An application can be filed asking him to recuse himself.”
The Vyalikaval House Building Cooperative Society Ltd. has been at the centre of controversy over the past one year.
This is the same society that allotted a 4,012 sq. ft plot to the wife of retired Supreme Court judge and former Lokayukta Shivaraj Patil. When the allegedly irregular allotment was exposed by two newspapers, including The Hindu in September 2011, Mr. Patil resigned as the Lokayukta and returned the controversial plot. Mr. Patil’s post has since been vacant. Two other judges, nominated to succeed Mr. Patil, withdrew from the race after details emerged of their own involvement with housing society allotments.
Former High Court judge and Upalokayukta R. Gururajan too was forced to step down after details of society plots that had been allotted to him in apparent violation of the law were published in the media.


https://sites.google.com/site/sosevoiceforjustice/_/rsrc/1406009096739/justice-lodha---wake-up/SHAME%20SHAME%20SUPREME%20COURT.jpg

Editorial : Court  Fixing  not Judgement Fixing  alone  ?

Throught this issue , term JUDGE includes all the public officials  functioning judicial / quasi judicial functions  right from munsif  , taluk magistrate to supreme court judge. Nowadays  political dispensations , powers that be are appointing  unfit persons , persons  who are favorable to them to the posts of  judges. Government is one of the biggest litigant in the country &  powers that be misusing their constitutional positions are doing many acts  against the letter & spirit of constitution. Whenever aggrieved persons  approach courts of justice , the hand picked persons of powers that be in the chair of  judge  will give favorable judgements / rulings. The said judge will make  far fetched interpretations  consider outlandish arguments all to favor powers that be . As a result common people are being meted out injustice even in the courts of law & public exchequer  is cheated of.

Urgent need of the hour is  establishment of professional , impartial , transparent mechanism for appointment , promotion , transfer of judges.
This is the very reason we have raised following questions  in RTI appeal  to supreme court of india & parliament  to clearly define the work practices of it’s  members. But they are not answering , because they will be caught for wrongdoings. Just consider the previous cases of elevation of P D dinakaran & V gopala  gowda.
 Hope saner sense will prevail on supreme court of india . Jai Hind. Vande mataram.

Your’s
Nagaraja.M.R.


Justice Markandey Katju's Allegations Confirmed by Ex-Law Minister

When asked about why he waited for 10 years to disclose that an allegedly corrupt judge was allowed to continue in office in the Madras High Court, Justice Markandey Katju insisted on NDTV that the "question is not why I did not make this disclosure earlier, the question is whether what I'm saying is correct or not."

When the interviewer pressed for an explanation about his timing, he pulled out his earpiece and ended the interview. 

Justice Katju, now the chairman of the Press Council of India, was in 2004-5 the Chief Justice of the Madras High Court.  He claims that an Intelligence Bureau investigation sought by him, confirmed the charges, but that three ex-Chief Justices of India made "improper compromises" by refusing to end the term of the judge. 

Their actions, he said, were the result of political pressure - without naming the DMK, he said that an ally from Tamil Nadu of Prime Minister Manmohan Singh warned it would quit the coalition if the judge was removed. 

The DMK has denied the allegations with senior leaders saying there was no truth in it. Party chief M Karunanidhi is expected to respond tomorrow. 

The new BJP government said "Manmohan Singh should clarify what was happening in his regime." 

Congress leader HR Bhardwaj, who was the Law Minister at the time, confirmed that the judge was backed by a large group of MPs who complained about Justice Katju's opposition. 

"Around 18 SC/ST MPs met PM Manmohan Singh in 2004 and complained about injustice to the accused additional judge," Mr Bhardwaj told NDTV, adding that "ultimately, the Chief Justice of India cleared the appointment." 

Justice Katju alleges that Chief Justice RC Lahoti extended the two-year tenure of the controversial judge. Justice YK Sabharwal allegedly gave the corrupt judge another term despite an adverse Intelligence report and Justice KG Balakrishnan confirmed him as permanent judge but transferred him to another state. 

Justice Lahoti told NDTV, "Everything is a matter of record. I have never done anything wrong in my life." While Justice Balakrishnan, the current chairman of the National Human Rights Commission said that the judge's confirmation was cleared by the Chief Justice of the Madras High Court, but he did what he could.  "There were allegations that this judge was close to the ruling party (the DMK) ...so I transferred him to Andhra Pradesh," he told NDTV. 

The accused judge had reportedly granted bail to DMK chief M Karunanidhi after his dramatic midnight arrest by the Jayalalithaa government in 2001.


Justice Lahoti, the former Chief Justice of India, when contacted by some media people about my statement which was published on my blog and in Times of India yesterday, generally remarked that he has never done anything wrong in his life. He has not gone into any specifics, so let me put him some specific questions :

1. Is it , or is it not, correct that I first wrote him a letter from Chennai, stating that there were serious allegations of corruption about an Additional Judge of Madras High Court, and therefore he ( Justice Lahoti ) should get a secret intelligence enquiry held against that Additional Judge,and thereafter I personally met Justice Lahoti at Delhi and again requested for a secret IB enquiry against the Additional Judge about whom I had received several complaints, and from several sources, that he was indulging in corruption ?

2. Is it, or is it not, correct that on my request Justice Lahoti ordered a secret IB enquiry against that Judge ?

3. Is it, or is it not correct, that a few weeks after I personally met him in Delhi and then returned to Chennai, he telephoned me from Delhi ( while I was at Chennai ) and told me that the IB, after thorough enquiry, gave a report that indeed the Judge was indulging in corruption ?

4. Is it , or is it not, correct that after receiving the adverse IB report against the Additional Judge, Justice Lahoti, who was then Chief Justice of India, called a meeting of the 3 Judge Supreme Court Collegium, consisting of himself, Justice Sabarwal, and Justice Ruma Pal, and the 3 Judge Collegium, having perused the IB report recommended to the Government of India not to extend the 2 year term of that Additional Judge ?

5. Is it , or is it not, correct that after that recommendation of the 3 Judge Collegium of the Supreme Court was sent to the Government of India, he ( Justice Lahoti ), on his own, without consulting his 2 other Supreme Court Collegium colleagues, wrote a letter to the Government of India asking the Government to give another 1 year term as Additional Judge to the concerned Judge ?

6. If indeed the IB reported, after an enquiry, that the Judge was indulging in corruption, why did he ( Justice Lahoti ) recommend to the Government of India to give that corrupt Judge another term of 1 year as Additional Judge in the High Court ?

Some people have commented about the timing of my statement. What happened was that some Tamilians had commented on Facebook that I am posting several matters on my Facebook post, so I should also post some of my experiences in Madras High Court. Then I started posting about my experiences there, and it was at time I remembered this experience too, and posted it.

There was an Additional Judge of the Madras High Court against whom there were several allegations of corruption. He had been directly appointed as a District Judge in Tamilnadu, and during his career as District Judge there were as many as 8 adverse entries against him recorded by various portfolio Judges of the Madras High Court. But one Acting Chief Justice of Madras High Court by a single stroke of his pen deleted all those 8 adverse entries, and consequently he became an Additional Judge of the High Court, and he was on that post when I came as Chief Justice of Madras High Court in November 2004.

That Judge had the solid support of a very important political leader of Tamilnadu. I was told that this was because while a District Judge he granted bail to that political leader. 

Since I was getting many reports about his corruption, I requested the Chief Justice of India, Justice Lahoti, to get a secret IB enquiry made about him. A few weeks thereafter, while I was in Chennai, I received a call from the Secretary of the CJI saying that the CJI wanted to talk to me. Justice Lahoti then came on the line and said that what I had complained about had been found true. Evidently the IB had found enough material about the Judge's corruption. 

Since the 2 year term as Additional Judge of that person was coming to an end I assumed he would be discontinued as a Judge of the High Court in view of the IB report. However what actually happened was that he got another 1 year appointment as an Additional Judge, though 6 other Additional Judges who had been appointed with him were confirmed and made permanent Judges of the High Court. 

I later learnt how this happened. The Supreme Court Collegium consists of 5 seniormost Judges for recommending names for appointment as a Supreme Court Judge, and 3 seniormost Judges for dealing with High Courts. 

The 3 senior most Judges in the Supreme Court at that time were the Chief Justice of India, Justice Lahoti, Justice Sabarwal, and Justice Ruma Pal. This Supreme Court Collegium recommended that in view of the adverse IB report the Judge should be discontinued as a High Court Judge after his 2 year term was over, and this recommendation was sent to the Central Government. 

The Central Government at that time was the UPA Government. The Congress was no doubt the largest party in this alliance, but it did not have a majority in the Lok Sabha, and was dependent on support by it allies. One of such ally was the party in Tamilnadu which was backing this corrupt Judge. On coming to know of the recommendation of the 3 Judge Supreme Court Collegium they strongly objected to it.
The information I got was that Prime Minister Manmohan Singh was at that time leaving for New York to attend the U.N. General Assembly Session. At the Delhi airport he was told by the Ministers of that party of Tamilnadu ( who were Congress allies ) that by the time he returns from New York his government would have fallen as that Tamilnadu party would withdraw support to the UPA ( for not continuing that Additional judge ). 

On hearing this Manmohan Singh panicked, but he was told by a senior Congress minister not to worry, and he would manage everything. That Minister then went to Justice Lahoti and told him there would be a crisis if that Additional Judge of Tamilnadu was discontinued. On hearing this Justice Lahoti sent a letter to the Government of India to give another term of 1 year as additional Judge to that corrupt Judge, ( I wonder whether he consulted his two Supreme Court Collegium members ),and it was in these circumstances this corrupt Judge was given another 1 year term as Additional Judge ( while his 6 batch mates as Additional Judges were confirmed as permanent Judges ).  

The Additional Judge was later given another term as Additional Judge by the new CJI Justice Sabarwal, and then confirmed as a permanent judge by the next CJI Justice K.G. Balkrishnan, but transferred to another High Court.

I have related all this to show how the system actually works, whatever it is in theory. In fact in view of the adverse IB report the Judge should not even have been continued as an Additional Judge

Attempt to influence HC judge: A Raja named

In further embarrassment to former Telecom Minister A Raja, the Madras High Court today suspended from the bar a top lawyer who was allegedly involved in an attempt to influence a judge taking the name of the minister.
A Division Bench, comprising Justice F.M.Ibrahim Khalifulla and Justice M.M.Sundaresh, said the status of R K Chandramohan, a member and subsequently as Chairman of the Bar Council of Tamil Nadu and Pondichery, shall stand suspended forthwith.
He should not not be permitted to function as such pending disciplinary action by the Bar Council of India, the bench said.
Disposing of a petition by a lawyer, the Bench appended a portion of a letter written by a former judge of the court Justice S Reghupati, who had reported that Chandramohan had entered his chamber last year and pleaded that the case of a father and a son, accused in a marks scandal case in Puducherry, for anticipatory bail be considered favourably as they were "family friends of a Union Minister by name Raja".
The lawyer handed over his mobile phone to the judge saying that the "union minister is on the line to have a talk with me".
"I discouraged such conduct of Mr. Chandramohan and told him that the case would be disposed of in accordance with law, if listed before me," Justice Reghupati had said in his letter of July 7, 2009 to the then Chief Justice of India.
Justice Reghupati, who has since retired, had in his letter, complained about the Chandramohan's "outburst and uncontrollable" behaviour.
Earlier, the judge had in the open court last year alleged that a Union Minister, through a lawyer, attempted to speak to him on telephone seeking favours in a case being investigated by CBI posted the matter to another judge. But he had not not named the minister.
In his letter to the CJI, Justice Reghupati had observed that " a counsel, who made an attempt to exert influence on the court by using the name of a Cabinet minister, cannot be allowed to succeed in snatching an order in his favour by advancing threat".
The issue became a raging controversy that the then CJI had told the media that the judge had sent a report to him making it clear that no no union minister spoke to him directly.
Justice Reghupati made those remarks addressing Chandramohan, who was appearing in connection with an anticipatory bail plea by S Kirub Shridhar, a third year student in a private medical college in Puducherry, and his doctor-father Krishnamoorthy.
The bail pleas were moved by Chandramohan on behalf of the two who had been booked by the CBI for allegedly using the services of a Pondicherry University official and a middleman to inflate marks to get a medical seat at the time of admission.
Justice Reghupati, in his letter to the CJI, had observed that Chandramohan made a plea to him that the court should call for the case diary and hear the case with reference to the material collected during the course of investigation.
"I have impressed upon the representing counsel by explicating that a like direction could be given to the prosecution only in the event of a judge satisfying that such course is inevitable and absolutely necessary in a given situation and that on mere demands and as a matter of routine such exercise cannot be undertaken.
"At that time Mr. Chandramohan stood up and made a similar demand and when I emphatically declined to accede to his adamant demand, he vociferously remarked that the Court is always taking sides with the prosecution and not not accepting the submissions made by the counsel for the accused while giving importance to the Prosecutor.
"On such pointless remark, I said that the counsel had engaged to argue on his behalf has made his submission and he is not not supposed to pass such slanderous and derogatory remarks," Justice Reghupati had said in his letter.
The lawyer, who had filed the petition, moved the Court for debarring Chandramohan from continuing as Bar Council Chairman for his alleged misconduct and order the Bar Council of India to take disciplinary action against him.
The Bench also said Justice Reghupathi's letter shall be under the custody of the Registrar General in a sealed cover which, however, shall be part of the case.

Ex-CJI was aware of Raja influencing judge: SC Judge
In an embarrassment to former CJI K G Balakrishnan, Supreme Court Judge H L Gokhale today contradicted his claim that he was not aware that it was former Union Telecom Minister A Raja, who had tried to influence a Madras High Court judge in a criminal case.
In a statement, Justice Gokhale, who was the chief justice of the Madras High Court at that time, said that in his letter to Justice Balakrishnan, the then CJI, he had clearly referred to the name of Raja.
Justice Gokhale's statement totally contradicts Justice Balakrishnan's claim that there was no mention of any Union Minister in the report sent by Justice Gokhale, then High Court Chief Justice, on Justice S Reghupathi episode.
"I regret to say that the allegations are absolutely incorrect," Balakrishan had said last week referring to news reports that he had suppressed a letter purportedly written by Justice Reghupathi to him when he was Chief Justice of India.
In a statement today, Justice Gokhale said, "The former CJI has stated in his press conference that in my letter I did not mention the name of any Union Minister having talked to Justice Reghupathi over phone to influence him."
"With respect to this statement I may point out that Justice Reghupathi's letter was already with him and in the second paragraph thereof justice Reghupathi had specifically mentioned the name of Raja.
"I had no personal knowledge about the incident and observations in my reply wherein are in conformity with the contents of Justice Reghupathi's," Justice Gokhale said.

Daughter-in-law files dowry harassment case against AP High Court judge in Chennai


The daughter-in-law of a sitting Andhra Pradesh High Court judge has filed a dowry harassment complaint against her husband and his family members.  Kavya Rao (30) a resident of Chennai came to the Chennai Police Commissioner's officer on Wednesday afternoon and filed the formal complaint.  In her complaint Kavya said her father,  a Chennai based businessman arranged her wedding with the High Court judge's son in 2007.  She said during their marriage her parents had paid Rs.43.5 lakh as dowry, but the judge and his wife and other relatives demandedRs.50 lakh more.  Kavya also said that her husband lost his job in 2008 and hence they moved from Bangalore to Hyderabad.  "Ever since the harassment began and my in - laws pressurised me to bring in atleast 50 lakhs rupees immediately"

Kavya in her complaint also submitted that since her family could not arrange this much money immediately she was made to starve by her inlaws.  But after some time her parents gave her inlaws money at frequent intervals. When she could not tolerate the agony she returned to Chennai to live with her parents.  

But even after that the troubles did not end for her , her father-in-law lodged a false complaint against her father.  On the instigations of the judge, abduction and theft cases were filed against my father she said and added the judge is influencing the police in Chennai.  Her husband came to her house in Chennai a week ago and ransacked it . Kavya has a small baby girl. In her complaint she said her husband, mother-in-law and father-in-law are attempting to abduct her child.

The complaint was filed with the Additional Commissioner of Police (headquarers) R.S. Nallasivam.  It was later forwarded to the Deputy Commissioner of Police, Adayar range for further investigations.  "We have informed the Chief Justice of India.  The AP High Court judge is attempting to influence the local police here.  We will wait for four or five days.  If the Police does not take any action we will move the Madras High Court for direction to the Chennai Police Commissioner to take suitable action in this regard"  said K.Balu, advocate of Kavya in an interveiw with India Today Online.




Why was Justice Shah bypassed for elevation to the Supreme Court?

In October 2008, The Government of India recommended to the collegium of the Supreme Court that Justice Ajit Shah of the Delhi High Court should be elevated to the Supreme Court.

He was not elevated, though the Government tried twice. Judges junior to him were recommended.

Any idea why? Is it because he allowed the Supreme Court to come within the ambit of the RTI?



Uday Lalit to be new Supreme Court judge after Gopal Subramaniam controversy

A day after the Union Budget 2014 was presented, the Narendra Modi-led National Democratic Alliance government has zeroed in on Uday Lalit as the new judge of the Supreme Court of India. Senior lawyer Uday Lalit was also the special prosecutor in the controversial 2G spectrum case. The development came in after NDA didn’t support the candidature of former Solicitor-General Gopal Subramaniam’s appointment as the Supreme Court judge.
Amit Shah, who was appointed as the Bharatiya Janata Party president on Thursday, July 10, had earlier availed services of Uday Lalit in two eminent criminal cases. Amit Shah was accused like murder and conspiracy along with Uday Lalit. Three other senior High Court judges were suggested by the Supreme Court bench comprising Rajendra Mal Lodha, Chief Justice of India.
The appointment of Uday Lalit comes days after the Narendra Modi government refused to support Gopal Subramaniam as the next Supreme Court judge. Uday Lalit’s appointment also douses the controversy over Subramaniam’s candidature as an Apex Court judge.
“I’m fully conscious that my independence as a lawyer is causing apprehensions that I will not toe the government line. This factor has been decisive in refusing to appoint me,” said Gopal Subramaniam in his letter to Chief justice of India.
The BJP government rejected the suggestion of Subramaniam’s appointment and requested the Supreme Court bench to reconsider it. Subramanian has also alleged that there was a smear campaign against him and the charges levelled against him were false.
Others who were recommended for the role were Orissa High Court Chief Justice Adarsh Kumar Goel, senior advocate Rohinton Nariman, and Calcutta High Court Chief Justice Arun Mishra.

Gopal Subramaniam controversy: Govt overstepped its boundaries, says CJI Lodha

In an assertion that may pitch the government and the top judiciary head-on, Chief Justice of India RM Lodha on Tuesday said that the government had acted unilaterally in segregating the name of former solicitor general Gopal Subramanium from the panel of four names, recommended by the collegium for appointment as apex court judges.
Chief Justice Lodha made this disclosure at a function organised to bid farewell to Justice BS Chauhan, who retired yesterday.
"The segregation (of Subramanium's name) was unilaterally done by the executive (government) without my knowledge and consent," Chief Justice Lodha said at the function.
"The first thing I have taken objection to that the segregation of Subramanium's proposal from other three proposals unilaterally by the executive without my knowledge and concurrence was not proper," he said.

The apex court collegium had recommended four names including that of another former solicitor general Rohinton Nariman for appointment as judges of the Supreme Court but the government, while clearing three names, returned the name of Subramanium for reconsideration by the collegium.
While Chief Justice Lodha expressed his dismay with the government segregating Subramanium's name and returning his recommendation, he also expressed regret over Subramanium jumping the gun and releasing to the media a letter written to him while he was abroad.
He said that he had asked Subramanium to wait for him to return and deal with the matter.
Chief Justice Lodha said that soon after reaching Delhi, he had a 75 minute meeting with Subramanium and asked him to reconsider his letter withdrawing his consent to be a judge of the top court.
"Subramanium told me that he would get back the next day but instead he sent a brief letter expressing his inability to revisit his decision to withdraw the consent" he said.
"Independence of judiciary will never be compromised," Chief Justice Lodha assured the members of the bar present at the function as he referred to the excerpts of Subramanium's letter wherein the latter had said: "I am, however, unable to dispel the sense of unease that the judiciary has failed to assert its independence by respecting the likes and dislikes of the executive."
Describing as "shocking" the allegation of independence of the judiciary being compromised, Chief Justice Lodha said that he will not stay in the post even for a minute if the independence of the judiciary was compromised.
Saying that he was a fierce upholder of the independence of the judiciary, he said that he had worked for the institution first as a judge of a high court, then of the apex court and now as the Chief Justice of India.
Clearly sounding hurt at fingers being pointed at the independence of judiciary, he said: "For last more than 20 years, I fought for independence of judiciary and to me this is one subject which is not negotiable. At no cost, the independence of judiciary can be allowed to be compromised."
"I will be the first man to leave this chair...if I know that judiciary's independence has been compromised. I will not hold my office for a second," he asserted.

Govt not entitled to judge my character: Gopal Subramanium to CJI

Putting an end to the ongoing controversy over his nomination by a Supreme Court collegium for the post of a judge in the apex court, former solicitor general Gopal Subramanium has withdrawn his candidature.
According to reports, the senior lawyer withdrew his candidature from the judge's post on Wednesday following media reports which said the NDA government objecting to his appointment as a Supreme Court judge, because of his 'links' with corporate lobbyist Nira Radia and a 'negative' CBI report.
The government is understood to have returned the recommendation for his appointment to the apex court to its collegium with a request to reconsider the decision.
Sources in the government said while returning the recommendation relating to the former Solicitor General to the collegium headed by Chief Justice of India R M Lodha, the government cleared the other names for appointment.
Those cleared were Calcutta High Court Chief Justice Arun Mishra, Orissa High Court Chief Justice Adarsh Kumar Goel and senior advocate Rohinton Nariman. The warrants of appointments in these cases are likely to be issued by the Rashtrapati Bhavan shortly, the sources said.

 The government is learnt to have sent a note to the collegium giving out reasons for its reservations over appointing Subramanium to the apex court.
As amicus curiae in the Sohrabuddin fake encounter case, Subramanium was critical of the Gujarat government headed by Narendra Modi and brought out new facts on the basis of which the Supreme Court had ordered a CBI probe into the case.
As per the Memorandum of Procedure relating to the appointment of Supreme Court judges, the government can return the file for reconsideration once. But if the collegium reiterates its recommendation, the government has to comply with it.
There is no fixed time frame for the government to appoint a judge once the recommendation is reiterated by the collegium. It is very rare that the collegium recommends names of lawyers to be appointed as Supreme Court judges.
Justice N Santosh Hegde was the last lawyer to have been elevated directly to the SC. Hegde was appointed as a judge of the apex court in 1999.

CID chargesheets 6 officials in KPSC scam

The criminal investigation department (CID) has filed a chargesheet against six officials of the Karnataka Public Service Commission (KPSC) in connection with alleged irregularities in the recruitment of 162 Group-A and 200 Group-B gazetted probationers in 2011.

The 10,521-page chargesheet names former KPSC chairman Gonal Manjappa, special officer Arunachalam S, Ashok Kumar B, personal assistant to KPSC member Mangala Sridhar, and officials Sudhir alias Sridhar, Somanath M Chikkamath alias Somesh and K Rajshekhar as accused.

CID sources said KPSC member Mangala Sridhar and former KPSC secretary Sunder are yet to be chargesheeted as investigations against them are still on. The chargesheet was submitted to the 23rd additional city city civil and sessions judge.

The six officials have been charged under sections 119 (concealing design to commit offence by a public servant); 166 (disobeyance by public servant); 167 (framing incorrect documents by a public servant); 468 (forgery for the purpose of cheating); 201(causing disappearance of evidence) and 465 (forgery) read with 37 (cooperation in committing offence) of the Indian Penal Code.

Some sections under the Prevention of Corruption Act 1988 have also been invoked against them.

The CID said they had taken 216 witness accounts while investigating the case, which was first registered at the Vidhana Soudha police station in January 2013 on complaints from candidates. They accused the KPSC of overlooking them and allegedly favouring those not qualified in written or oral examinations.

What is the case

The scandalous recruitment scam, nicknamed as the cash-for-jobs racket, was registered in June last year with Vidhana Soudha police and later referred to the CID.

The case was filed by the department of personnel and administrative reforms (DPAR), which forwarded the complaints of Dr Mythri and Ajay G with a note to register a first information report (FIR).

Legal experts in the directorate of prosecution recommended that a case be registered. It was then referred to the CID on the director general of police (DGP)'s recommendation.

The scandal relates to the examination held for 362 gazetted probationers' posts (KAS Groups A and B) in April-May 2013.

 Supreme Court vs government over promotions for three judges

The Supreme Court collegium is sticking to its decision of elevating the chief justices of the High Courts of Orissa, Karnataka and Tamil Nadu to the top court, sources have told NDTV.

The collegium had nominated Orissa High Court Chief Justice V Gopala Gowda, Karnataka High Court Chief Justice Vikramjit Sen and Madras High Court Chief Justice M Y Eqbal, but the government had asked it to reconsider the names and also whether the panel had considered allegations against them.

The collegium, comprising of five senior judges and headed by the Chief Justice of India Altamas Kabir, in its reply to the government reportedly said it has already considered the allegations raised but was satisfied with the names and cleared their names for elevation.

The government will now have to approve the names of these three judges as under the present system, if the collegium sends back the names, then the government is bound to consider them for elevation.

Indian Judiciary stands in Cross Road


Indian Judiciary stands in Cross Road,lawyers in Orissa High Court comment. Judges in higher judiciary including Supreme Court of India are now brought to the touch stone of integrity and morale values .Judges are human being not the god as we address them in an anglicized words as “My lord,your lordship and the like”  and all human instincts are in them as a result of which Justice A.K.Ganguly has been brought under the scanner but that can also be avoided by forming a panel to examine the truthfulness as that of the panel constituted in the case ofsex scandal against three judges of Karnatak High Court namely Justice N.S.Veerbhadraiah, Justice Chandrasekhariah and Justice V.Gopal Gowda by a committee comprising of Chief Justice of Bombay High Court -Justice C.K  Thakkar ,Chief Justice of Kerala High Court :Justice G.L.Gupta and the then senior judge of Orissa High court :Justice A.K.Patnaik and the voice of the people in the country appeared to have been chocked under the threat of Contempt of Court,but fact remains ,the intellectuals were not happy the manner ,the three judges were given the clean chit by the judges themselves regardless of the existing investigating mechanism upon which the judiciary ,at the main, rely upon. Once a domain for particular expertise is devised ,is it at all proper to be a judge of one’s own cause. The judges brought under scanning then and for whom entire judiciary in our country was blamed have also been rewarded with their time to time elevation; and on the other hand, any judicial member in subordinate judiciary if brought under the threat of any such allegation are being dispensed with  .Umpteen number of instances are now surfaced. As per opinion survey ,the Odisha Bulletin Bureau has collected the views from intellectuals of different field of expertise, the judges are in pivotal post of passing the rulings but the efficiency of a judge now matters and that being so ,selection of the judges ought to be kept away from the reach of monopolist mechanism of a group ,may it be judiciary or bureaucratic or the political masters those are always found to be in neck deep  corruption  ; and a set of standard of rigorous principle of selection has to be adopted to prevent unworthy personalities from joining  judiciary embodied with  the threat of Re-Call mechanism and a dynastic  approachin the selection of judges should not have direct or indirect influence on the issue .Now- a-days ,it is invariably seen that judges breeds judges regardless merit or suitability for the highest constitutional post of the country ; it is also seen that the children of the judges or the relations, as the case may be , practicing in courts are appearing to be loaded with cases from private and also government agencies meaning thereby that fertility germinates no sooner one of the family members becomes gets elevation to judgeship. Open corridor discussion suggests ,relation of many judges in the High Court Judicature of Orissa have managed to create name ,fame and fortune within shortest tenure of their practicing  law .The theory of  uncle judge has had its vital role in Orissa High Court.
In order to get rid of public blame and in order to save the image of judiciary ,now hence the judge selection ought to  be done  with care and caution ,not by favoritism.In Orissa ,it is seen, judges elevated to Supreme court are having lot of tours to the state as that of a politicians more likely as Constituency Judge and are apprehend to have been twisting the selection process and this has become a common and open scene  for Orissa High Court. Within last couple of months judges from supreme court have made their recurring and successive visits to the state for this plea or other and therefore ,public comment on  them being the Constituency Judges.
Be you ever so high ,the law is above you, CJI P. Sadasivam told .In this juncture taking the probing mechanism to the judiciary itself bye-passing the established mechanism of probing and / or investigation is nothing but arresting the democracy of the country,public comment; and therefore,Justice Ganguly be allowed to face the investigating agency with due regard to his law making process ,not law breaking when it comes to his person.
Before law ,every body should be treated equally ,may he be Asharam, Tarun Tejpal , Justice A.K.Ganguly, Justice Altmas Kabir and the like .
In Orissa High Court  , half a dozen of judges are alleged to have grabbed land of the govt in concessional rates in the guise of discretionary quota ,but nothing happened in spite of best efforts being put from different quarters of the society and adding few more instances ,it is surprising ,Justice P.k.Tripathy during his active tenure has unauthorisedly acquired more than one acres of land in CDA and carried on cultivation by employing staffs of Orissa High court ,but nothing happened because he was after all a judge and the person to address on such illegality is also nothing but a judge in fact and in the close neighbourhood.Gradually , the temple of justice is  losing the confidence of the people ,bad sign for the democracy.
Dreaming to have a country  shaping into progressive modernity can be destroyed if judiciary ,last hope of the common mass, lost to the scanner.

UPA Lok Ayukta should have clean image: MF Saldanha to governor

Justice Chandrashekaraiah’s appointment as the second Upa Lok Ayukta has been questioned by Justice MF Saldanha, also a former judge of the Karnataka high court.
Justice Chandrashekaraiah’s appointment as the second Upa Lok Ayukta has been questioned by Justice MF Saldanha, also a former judge of the Karnataka high court. 
In a letter written to governor HR Bhardwaj, Justice Saldanha said the highest standard must be maintained to uphold the institution of the Lok Ayukta. 
DNAhas a copy of the letter written by Saldanha to the governor. 
Justice Saldanha pointed out that Chandrashekaraiah did not hold a clean record, and named the controversies that the latter was involved in — including the infamous Mysore Roost Resort scandal. Saldanha requested the governor to choose a person with a clean track record for the post of Lok Ayukta.
Chandrashekaraiah was appointed the second Upa Lok Ayukta on January 21, while the state government and governor Bhardwaj were already engaged in a bitter battle over the appointment of Lok Ayukta. The governor has thrice rejected the state government’s recommendation to appoint former Kerala high court Chief Justice SR Bannurmath as Lok Ayukta of Karnataka. 
The second Upa Lok Ayukta’s post had been lying vacant since October, when Justice R Gururajan resigned citing family and health issues.
Summarising the controversies in which Justice Chandrashekaraiah was involved, Saldanha alleged that the former was involved in the Roost Resort sex scandal. Saldanha also cited a case where Chandrashekaraiah was beaten up with slippers by a schoolmaster, who accused the judge of siding with the accused.
Justice Saldanha said: “The post of Upa Lok Ayukta is very important and sensitive. The appointee must inspire total confidence and if there is even a slight blemish in his track record, it would disqualify the candidate.” He further pointed out that citizens should be informed about the name that has been recommended and be given enough time to post their objections, if any, to the government. 
“But in the case of Chandrashekaraiah, no one was aware that his name was recommended and he was sworn in before any material could have been placed before the appointing authority. Such degree of speed can be damaging,” Justice Saldanha said.
Speaking to DNA, Justice Saldanha said: “The crucial appointment of Lok Ayukta is yet to be done. Let the person appointed have a clean and clear track record. Let not the mistakes made in the appointment for Upa Lok Ayukta be repeated. The Upa Lok Ayukta appointment was made in a hushed manner.”
DNA, in a series of reports, had pointed out that judges of the Karnataka high court and Supreme Court were allotted sites by the Karnataka State Judicial Employees House Building Co-operative Society, in violation of by-laws. 
Justice Chandrashekaraiah was also allotted a site when he was the judge of the high court.
On this issue, Justice MF Saldanha said: “A member of the higher judiciary is a constitutional functionary and cannot claim to be a judicial employee. He cannot avail a site meant for an employee and it is bad. This position was held by the 1995 division bench of the Karnataka high court.” When DNA contacted Chandrashekaraiah, he hit out at Saldanha and refused to comment on the letter.


Read :


ex-CJI Balakrishnan pushed for elevation of corrupt judge

After targeting former Chief Justice of India SH Kapadia, Press Council of India (PCI) chairperson Justice Markandey Katju on Monday trained guns at the then Chief Justice of India (CJI) KG Balakrishnan.
Stoking a fresh controversy, Katju alleged CJI Balakrishnan had pushed for the elevation of a Madras High Court judge with "bad reputation" to the Supreme Court.
He said that the collegium headed by Justice Balakrishnan and also having Justice Kapadia "almost suceeded" in bringing the judge to the apex court but lawyers in the south Indian state of Tamil Nadu thwarted it by producing "voluminous documentary evidence of his corruption."
Justice K G Balakrishnan, chairman of the National Human Rights Commission (NHRC), was not immediately available for comments with his office stating that he is on an official tour to Malaysia and will be back this weekend.
Katju had earlier accused Justice Balakrishnan and two other former CJIs of "improper compromises" in retaining a Tamil Nadu judge under corruption cloud during United Progressive Alliance rule. Justice Balakrishnan had dubbed the allegations as baseless.
A former judge of the Supreme Court, Katju made the fresh claims on his blog while also reacting to remarks made by Justice Kapadia, in response to his Sunday's post. Justice Kapadia had said that he had not brought to Supreme Court any unfit judge.
Katju also charged three former Chief Justices of India including YK Sabharwal and KG Balakrishnan of succumbing to the pressure from the then government headed by Dr. Manmohan Singh. Katju though did not named the soutern political party for exerting the pressure, it was a known fact that he was referring to the DMK which had 18 MPs in the UPA I. The judge in question Justice S. Ashok Kumar died in 2009.
"I may remind him (Kapadia) that the Supreme Court collegium, headed by (then) CJI K G Balakrishnan, and of which Justice Kapadia was a member, almost succeeded in bringing a totally unfit person into the Supreme Court," Katju said.
"That judge was a judge of the Madras High Court when I was Chief Justice there, so I knew all about his bad reputation. Later, he was made Chief Justice of another High Court, and was being considered for elevation to the Supreme court," he further said.
Katju said that one day during lunch interval, he went to Justice Kapadia's chamber and told him about the "bad reputation" of that judge, giving details.
"I told him that I was not in the Supreme Court collegium, but he was, and now it was for him to do whatever he thinks proper, and I have done my duty. There was no use informing Justice Balakrishnan since it was he who was pushing for the judge's elevation to the Supreme Court," he wrote.
Katju further said that after listening to him, Justice Kapadia thanked him and said that in future also if he has such information it should be passed on to him.
"Despite this, the collegium, of which Justice Kapadia was a member, recommended the name of that judge having questionable integrity, and he would have definitely been elevated to the Supreme Court but for the Tamil Nadu lawyers who produced voluminous documentary evidence of his corruption," Katju wrote. 
Former Attorney General Soli Sorabjee said the collegium system is not perfect but attacking it the way it has been by a former SC judge is not desirable.
"You cannot level personal attacks like this on Chief Justice and some of the other judges," he said responding to Katju's blog.
Former High Court judge RS Sodhi said the judiciary should not be treated in this manner. "Don't go around maligning it because you are going to be undermining the efficacy of the institution. Judiciary cannot be called corrupt like that."
Senior advocate Majeed Memon said the faith of the common man in judiciary is shaking. "We should work together not only to sustain but also enhance the faith of the people in the system," he said.
Katju recalled that the judge in question was consequently transferred to a small High Court, and later impeachment proceedings were brought against him in Parliament, which lapsed when he resigned.
"So Justice Kapadia's claim that he did not bring any corrupt judge to the Supreme Court, has to be qualified by at least one instance where he (or rather the collegium of which he was a member) almost succeeded," Katju said.
He further added that even though he had informed Justice Kapadia about that "judge's reputation", neither the collegium, nor Justice Balakrishnan ever consulted him on the matter.
This was obviously done by Justice Balakrishnan "knowing that if consulted I would give an adverse report. But why did Justice Kapadia not tell Justice Balakrishnan to consult me?," he added.
Katju said that he had later reminded Justice Kapadia that he had informed him about the "bad reputation" of that judge, but no heed was paid to his words. I said that the Supreme Court could have been saved so much embarrassment if my advice had been sought, Katju wrote.
"Justice Kapadia admitted that I had informed him, but said that Justice Balakrishnan, the CJI, was adamant, and so the recommendation was made," he added.



There was a Judge in a High Court who had a very bad reputation about his integrity, and on this account was transferred to Allahabad High Court. Later with passage of time he became very senior and Acting Chief Justice of Allahabad High Court.

Some people started demanding that he be made Chief Justice of some High Court, and later brought to the Supreme Court.

The then Chief Justice of India, Justice Kapadia, had received several complaints about this Judge that even at Allahabad he was indulging in corruption,and Justice Kapadia requested me to find out the true facts about that Judge ( I was then a Judge of the Supreme Court).

At that time I had to go to Allahabad, my home town for attending a function, and while there I contacted some lawyers I knew, and got 3 mobile numbers of the agents of this Judge through whom he was taking money. On returning to Delhi I gave these 3 mobile numbers to Justice Kapadia, and suggested that he get these numbers tapped through intelligence agencies. 

About 2 months thereafter Justice Kapadia told me that he had done as I had suggested, and the conversations tapped revealed the corruption of this Judge.

After this, Justice Kapadia should have called this Judge to Delhi and asked for his resignation, failing which he would refer the matter to Parliament for impeachment, but he did no such thing,(though he did not allow the Judge to become Chief Justice of any High Court or a Supreme Court Judge)

Most Chief Justices of India are reluctant to expose corruption in the judiciary thinking that this will defame the judiciary, and so they prefer to bury corruption under the carpet, not realizing that the bulge under the carpet will show. 

Some think that exposing corruption defames the judiciary. My reply to such people is : Does corruption by Judges defame the judiciary, or does exposing such corruption defame it ?

I may give another example. When I was Acting Chief Justice of Allahabad High Court I went to Delhi and met Justice Lahoti, the then Chief Justice of india, and gave him a chit containing names of 5 judges of Allahabad High Court who were doing shocking things. Justice Lahoti asked me what should be done ? I replied that if he permitted, I would solve the problem in 24 hours. He asked, how ?

I replied that I was going back to Allahabad by the night train, and on reaching there would call the Registrar General and tell him to telephone these 5 Judges, and tell them that the Chief Justice had instructed that they would not be allowed entry into the High Court premises. Police was being posted at the gate of the High Court with instruction from me that these judges were not to be allowed entry. Their chambers had been locked, and they will receive their salary checks at home, and they need not come to the High Court. I did not want to see them inside the High Court premises as they had disgraced the High Court.

When I said this Justice Lahoti said "Please do not do this, because then the politicians will get a handle, and then they will set up a National Judicial Commission". I replied that since he was not permitting me to do this, i would not, but he may take whatever action he thought fit.

Later some of the 5 judges whose names I gave were transferred to another High Court.

But is transfer a solution ? Such corrupt judges should be sacked, but this is not done to ' avoid defaming the judiciary'. I again ask : does corruption by Judges defame the judiciary, or does exposing such corruption defame it ?

I have given only two instances of corruption in this post, but I can give several more.


JUDGEs  or   Brokers  of  Justice ?



A – Z   of   Manipulation  of  Indian  Legal  System

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA






“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
- Mahatma Gandhi




Salary of Chief Justice of India Rupees  100000 per month & salary of  supreme court judge  Rupees 90000 per month plus  5 star heritage bungalow , 5 star air / train travel , 5 star health care facility , etc  all at tax payers expense



Hunger Deaths Malnutrition Deaths Poverty  Earning  Less than Rupees 32 per day



Honest  Hard Working Child Laborers Earning Less Than Rupees 32 per day



Corrupt Dishonest Criminal Public Servants Earning More than Rupees 5000 per day  Murderers of Justice

 Ill-gotten Wealth of  Corrupt Public Servants






Murderers of Justice Shame to You







A – Z   of   Manipulation  of  Indian  Legal  System

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA



Gwalior additional judge says she was sexually harassed by HC judge, quits

An additional district and sessions judge in Gwalior, who was heading the Vishaka committee against sexual harassment, could not save herself from the prying eyes of a Madhya Pradesh high court judge and had to resign from judicial service to protect her "dignity, womanhood and self-esteem".

After practicing law for 15 years in Delhi courts, she passed the MP Higher Judicial Service exam and was posted in Gwalior on August 1, 2011. After training under Justice D K Paliwal, she was posted as additional district and sessions judge in Gwalior in October 2012.

In April 2013, she was appointed chairperson of District Vishaka Committee. Her annual confidential report of January 2014 termed her work "excellent and outstanding". But that was not enough. The administrative judge from Gwalior bench of Madhya Pradesh HC kept pestering her to visit him in his bungalow alone, she alleged.
In her complaint to Chief Justice of India R M Lodha and Supreme Court judges Justices H L Dattu, T S Thakur, Anil R Dave, Dipak Misra and Arun Misra, as well as the MP HC chief justice, she said the administrative judge sent her a message through the district registrar to "perform dance on an item song" at a function in his residence. She avoided the function on the pretext of her daughter's birthday.

Responding to her complaint, Justice Lodha said, "This is the only profession where we refer to our colleagues as brothers and sisters. This is unfortunate. I will take appropriate action after the complaint is placed before me."






The very next day of sending a message to dance in his residence, the administrative judge told her that "he missed the opportunity of viewing a sexy and beautiful figure dancing on the floor and that he is desperate to see the same", she alleged.

The judge got angry when she did not pay heed to his "various advances and malicious aspirations". She was subjected to intense scrutiny by the administrative judge. He got more agitated when no fault was found, she said.

"I started commencing court at 10.30 am instead of 11 am and extended the working hours in the evening by one hour to 6 pm," she said but complained that this did not appease the administrative judge, who continued to harass her.

Tired of harassment, she along with her husband on June 22 went to meet the administrative judge, who was "irritated" to find her with her husband and asked her to meet him after 15 days. But even before 15 days could have elapsed, she was served with a transfer order.

In her complaint, she said, "The administrative judge, along with district judge and district judge (inspection), possibly made a false, frivolous, baseless and malicious reporting to the chief justice of MP and got me transferred on July 8, in the mid-academic session of my daughters to a remote place Sidhi by overruling the transfer policy of MP HC."





Her representation for eight-month extension to allow her daughters complete the academic session was rejected. Left with no choice, she called on the administrative judge and pleaded against the abrupt transfer saying it would affect the studies of her child who was in Class 12.

In her complaint, she said, "Mockingly, he replied that I faced this mid-academic session transfer to Sidhi for not fulfilling his aspirations and for not visiting his bungalow alone even once and he also threatened me that now he will spoil my career completely and make sure that I face ruinous prospects all my life."

She claimed the HC chief justice declined to meet her when she wanted to apprise him of the situation. "I was left with no option but to resign, so, I resigned on July 15 in compelling, humiliating and disgraceful circumstances to save my dignity, womanhood, self-esteem and career of my daughter."

Seeking justice from the CJI, she said, "Only because the perpetrator is as powerful as an 'administrative judge' that he can cast an evil eye on me, and I do not even get a hearing. What system are we following and leading this democracy to? If this is how a mother, sister and wife can be treated, who is herself no less than a judicial officer duty-bound to protect society and law, what constitutional goals are we serving?"

Madhya Pradesh sexual assault on Woman Judge


Cases of harassment at the workplace have become an everyday affair. But this time, the victim is not a regular office goer. She is an Additional District and Sessions Court Judge in Madhya Pradesh. The woman judge incidentally was also heading the Vishaka Committee against sexual harassment, but could not save herself from the snooping eyes of a Madhya Pradesh High Court Judge and had to give up her service to protect her dignity and self-esteem.
As if this was not enough, the woman Judge was asked to dance to a Bollywood item song by her harasser. According to reports, the administrative judge asked her to “perform dance on an item song” at a function at his home and influenced her transfer to a remote location despite her requests. However, she excused herself citing her daughter’s birthday.
In her complaint, she alleged that the High Court Judge also forced her to visit his bungalow alone, which she never did. The woman Judge was transferred in the middle of her daughter’s Class 12 academic session. When she protested, she was told this was happening because she did not fulfill his aspirations. In her complaint, she said, “Mockingly, he replied that I faced this mid-academic session transfer to Sidhi for not fulfilling his aspirations and for not visiting his bungalow alone even once and he also threatened me that now he will spoil my career completely and make sure that I face ruinous prospects all my life.”

She claimed the HC Chief Justice declined to meet her when she wanted to apprise him of the situation. “I was left with no option but to resign. So I resigned on July 15 in compelling, humiliating and disgraceful circumstances to save my dignity, womanhood, self-esteem and career of my daughter.”
In her compliant to Chief Justice of India RM Lodha and Supreme Court judges Justices HL Dattu, TS Thakur, Anil R Dave, Dipak Misra and Arun Misra, as well as the Madhya Pradesh HC Chief Justice, she said, “Only because the perpetrator is as powerful as an ‘Administrative Judge’ that he can cast an evil eye on me and I do not even get a hearing. What system are we following and leading this democracy to? If this is how a mother, sister and wife can be treated — who is herself no less than a judicial officer duty-bound to protect society and law — what Constitutional goals are we serving?”, a Times of India report said.
She further states that the administrative judge, along with district judge and district judge (inspection), possibly made a false, frivolous, baseless and malicious reporting to the Chief Justice of MP and got me transferred on July 8, in the mid-academic session of my daughters to a remote place Sidhi by overruling the transfer policy of MP HC.”
The Times of India report further quotes Justice Lodha saying, “This is the only profession where we refer to our colleagues as brothers and sisters. This is unfortunate. I will take appropriate action after the complaint is placed before me.”
The victim passed the MP Higher Judicial Service exam and was posted in Gwalior on August 1, 2011. After training under Justice DK Paliwal, she was posted as additional district and sessions judge in Gwalior in October 2012. In April 2013, she was appointed chairperson of District Vishaka Committee. Her annual confidential report of January 2014 termed her work “excellent and outstanding”. But that was not enough.
It has been more than a year since the Sexual Harassment of Women at Workplace Act was passed. But it seems that the Act is powerful only on the paper and nothing more as several companies fail to implement them. The vast majority of companies and several establishments are still trying to figure out what to do. According to the Press Information Bureau of the Government of India, “The Act will ensure that women are protected against sexual harassment at all work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women’s participation in work, resulting in their economic empowerment and inclusive growth.”
However, it is an irony that this case comes at a time when the Central Government has directed all the State Governments to provide 33 per cent reservation for women in their police forces to effectively deal with cases of sexual violence and crime against women. Only time will tell if this will become a reality soon or not.





Notice  to  CJI  Justice  R M  Lodha
 

Indian police 'gang-rape woman after she fails to pay bribe'
Woman says she was attacked at a police station in Uttar Pradesh after going there to seek her husband's release

An Indian woman has said she was gang-raped by four officers at a police station, the latest in a string of sex attacks in the state of Uttar Pradesh.
The woman said she was attacked when she went to the station overnight on Monday in the Hamirpur district to seek her husband's release.
"At 11.30pm when there was no one in the room the sub-inspector took me to his room and raped me inside the police station," the woman told CNN-IBN.
She filed a complaint with a senior officer on Wednesday over the attack, which allegedly occurred when she refused to pay a bribe to secure the release of her husband. Virendra Kumar Shekhar, a police official from Hamirpur, said: "The procedure will be followed. The victim has filed a complaint and the guilty will be arrested soon."
Sub-inspector Balbir Singh said a criminal case had been lodged against four officers from the station.
The case is the latest in a string of rapes and murders in Uttar Pradesh, India's most populous state, where the chief minister, Akhilesh Yadav, is under growing political pressure over his handling of law and order.
Last month, two girls, aged 12 and 14, were gang-raped and lynched in their village. They were attacked after going into a field to relieve themselves at night because they did not have a lavatory at home.
Their families refused to cut the bodies down from the tree for hours in protest, saying police had failed to take action against the attackers because the girls were from a low caste.
The prime minister, Narendra Modi, , in his first comments on the issue since the hanging of the girls sparked public outrage, on Wednesday urged all politicians to work together to protect women. Modi warned politicians against "politicising rape", saying they were "playing with the dignity of women" in his first speech to parliament since sweeping to power at last month's election.
India brought in tougher laws last year against sexual offenders after the fatal gang-rape of a student in New Delhi in December 2012, but they have failed to stem the tide of violence against women.
Also on Wednesday, a 45-year-old woman was found hanging from a tree in Uttar Pradesh. Her family said she had been raped and murdered. A police officer said five men were being questioned over the incident, which occurred several kilometres from her home in Bahraich district. "They [her husband and son] have alleged that the woman, before being strung up from the tree, was raped and murdered by these men," the district superintendent Happy Guptan told AFP.
 
RAPIST   Judges   &   Rapist   Police  -  No  punishment  ?
When  a  Judge  Himself   Commits   Crime  ,  When  a  POLICE  Himself  robs , Murders ….

In  the  rape case of  Ms.Nirbhaya committed last year in New Delhi , all the accussed were from lower  middle class background. So , the whole society , media , police raised voiced against them and the guilty were rightly prosecuted.
But take the recent case of  Supreme Court Judges accussed of sexual offences Mr. A . S. GANGULY , Mr. SWATHANTER  KUMAR  or  DGP SPS Rathore involved in Ruchika case  or  some some  Ministers , MLAs , MPs, the media , society , police &  Prosecuting judges are  biased towards the accussed. Because  the accussed  are  rich & mighty , belong to ruling elite class.

Are  not  the laws & it’s enforcements  fair , equitable , just and same for one & all ?
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.

 just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?

it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

I  have  shown  in the following  attachment how  justice is bought , purchased , manipulated  in  INDIA  with  actual  cases.  Just  see the recent  examples  of  supreme  court  judges  involved  in  sexual  assault  case  &  ROOST  Resort  Mysore  Sex scandal involving  judges , if  any ordinary  fellow  had committed the same crimes  he would have been  hauled over the coal fire. Just take another  recent example of  Prisoner Movie actor sanjay dutt , TADA  provisions were diluted by the judge to favour him and now he is getting parole  week after week  while  the ordinary convicts never   get a single parole throught their sentence.  What  Brilliant  Judges , what  brilliant police  sirji.
 
Editorial : Hang  Rapist  Judges  to  Lamp  Posts  -  JUDGES & SEXUAL CRIMES


At the outset , we express our whole hearted respects to the honest few public servants
in public service including judiciary & Police. However, the corrupt in public service don’t deserve
respect as individuals – as they are parasites in our legal system. Still we respect the
chairs they occupy but not the corrupt individuals.
All the following articles / issues , past cases of sexual assaults on women by judges (hushed up ?) , whole articles published in the weblinks mentioned
below forms part of this appeal. The term “JUDGE” mentioned throught includes all public
servants discharging judicial functions right from taluk magistrates , quasi-judicial
officers to Chief Justice of India.
Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.
The persons who raise their voice seeking justice are silenced in many ways. The
criminal nexus has already attempted to silence me in many ways . If anything untoward
happens to me or to my family members , my dependents , Honourable Chief Justice of
India together with jurisdictional police officer will be responsible for it.
Hereby, we do once again offer our conditional services to the honourable supreme court
of India & other government authorities, in apprehending criminals including corrupt
judges & police. Herewith , we once again appeal to the honourable supreme court of
India , to consider this as a PIL Appeal in public interest.
Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES
have legal immunity with respect to their official duties, official actions but not their
individual actions amounting to CRIMES.
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 itself
commits crime - violations of RTI Act , constitutional rights & human rights of public and
obstructs the public from performing their constitutional fundamental duties , what
happens ? it gives a booster dose to the rich & mighty , those in power , criminals in
public service to committ more crimes. that is exactly what is happenning in india. the
educated public must raise to the occassion & peacefully , democratically must oppose
this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

Read Is CHIEF JUSTICE OF INDIA above LAW ???

 

Is CHIEF JUSTICE OF INDIA above LAW ???

Law student sexually harassed by ex-Supreme Court judge:  case is not unique, but speaking out is nearly impossible


HANG   RAPIST  CORRUPT  JUDGES
https://sites.google.com/site/eclarionofdalit/hang-rapist-corrupt-judges 


Nothing but the truth
By Indira Jaising

A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a 'sex scandal' on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, "Don't quote me… but…"
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the 'in-house' procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a 'sex scandal'.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done "without fear or favour"? Judges swear on oath of allegiance to "bear true faith" to the Constitution and do justice "without fear or favour". How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered 'punishment postings' where people are sent a la 'crossing Kala Pani' of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women's organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.

 

Judge accused of molesting 2 rape survivors in UP

A sitting judicial magistrate sexually assaulted them

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls
alleged that when they went to the magistrate’s chamber to give their statement, he allegedly
made them strip and molested them.
One of the girls is a minor and the police have filed a complaint. The girls also claimed that the
judge threatened them to not speak of the incident to anyone.
Lawyers and the general public in Gonda launched a protest against the judge.
 

JUDGE SENDING OBSCENE SMS TO WOMEN

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of
Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of
Allahabad High Court today sought a report from the district judge into the matter.
The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was
accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic
College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR
lodged by the victim while Gangwar’s name surfaced in the primary investigation.
Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to
send a detailed report into the allegations. Appropriate action would be taken on the basis
of the report.”
District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to
send a report about the matter. The report on the basis of the police inquiry would be sent
to the Allahabad High Court Registrar General.”
“I am not aware about the matter, as the Bareilly police did not intimate me before initiating
the probe against the civil judge. They should have informed me when they had received
any such complaint,” the judge added.
Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the
statement of the victim. “I have collected the call details of the cellphone used for sending
the SMSes, but I have yet to get the address of the person who is subscriber of the SIM
card,” he said.
“The probe is on to verify if the accused in the case were present on the location recorded
in the call details when the SMSes were sent. The details of the findings of the
investigation would be sent to the Budaun district court to seek the direction,” the CO
added.
Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP
(Crime) had initiated probe into the matter, but I am not aware if the investigation had
reached to any conclusion.”
The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging
she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.
The preliminary inquiry into the case by the police yesterday had found that the mobile
phone used in the crime belongs to the civil judge.

 
Lokayukta: DC demanded sex from widow


In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,
the Karnataka Lokayukta on Saturday made a startling revelation that the state government was
shielding a top bureaucrat who had demanded sexual favours from a young widow.
Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy
commissioner of one of the districts when he demanded sex from the widow in return for
discharging his duties as public servant, has since been promoted to a senior position.
Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office
Saturday afternoon, said the unnamed widow had dared the deputy commissioner and
approached the Lokayukta’s office with a complaint against the officer.
On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to
the state government the suspension and prosecution of the DC concerned. The
recommendation was subsequently considered by the concerned department head as well as
the chief secretary and both endorsed it.
But, according to Justice Hegde, no action was initiated against the DC as the same official who
had endorsed the recommendation subsequently found no basis for initiating departmental action
against him. Instead, the official cleared the DC’s name for promotion in the super-scale.
Presently, the official holds a senior position in the government.
The widow, in her late 20s, had approached the DC with a representation to sort out some
problems. But she was shocked when the DC demanded sex.
Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name
the district where the official was serving as deputy commissioner. But the incident has
happened sometime in the course of last three years as Justice Hegde took over as the
Lokayukta in mid-2006.


3-year jail term for ‘dirty’ judge

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in
1997
Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a
bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly
maintenance allowance from her estranged husband, in 1997 — proved costly to him.
Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)
matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,
on Monday.
According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had
filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,
filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera
Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per
month.
Subsequently, in January 1997, Alka filed another application before the same family court (now
presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On
October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to
Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately
after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone
number, asking her to call him when the court hours ended. He told her that he would ask her
husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she
called him up,” the FIR states.
When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay
him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her
favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the
following evening.
“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High
Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the
permission designated a court official to bear witness to the events leading to the trap. Alka,
under video camera surveillance of ACB sleuths, along with the court official and other women
witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when
she protested, repeated his demands,” the FIR states.
Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But
before he could do anything else, ACB sleuths swooped in and arrested him.


Rajasthan judge is indicted for seeking sexual favours

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about
on the unprecedented drive he launched to enforce judicial accountability.
After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the
Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending
another inquiry.
On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of
Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex
with him in exchange for a judicial favour.
The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K
Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the
woman concerned, Sunita Malviya.
But Pattanaik has not announced any action against Madan. When contacted by The Indian
Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in
seeking sexual favours in return for judicial ones.
However, Pattanaik said that no action was being taken since the committee had also mentioned
allegations of corruption against Madan. And so he had ordered a further inquiry by the same
committee into the corruption charges.
When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That
is on hold because I could not have taken piecemeal action against him….I am praying to God
that the final report will give some tangible material to take action.’’
Highly placed sources told The Indian Express that when the committee recorded statements last
week in Jodhpur of about 30 persons over four days, it also came to know of several allegations
of corruption against Madan and another judge of the same high court. The committee put these
on record as well.
Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex
scandal issue and instead limited himself to saying that he was ordering a further inquiry into
corruption allegations.
In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.
The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October
through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help
her, in turn, get out of a criminal case booked against her.
With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The
first committee’s report into the PPSC scam exonerated one judge despite evidence and let two
others off with a mere slap on the wrist. The third committee is now busy probing the involvement
of judges in the Mysore sex scam.


Ten reasons why criminals in khaki get away
Siddharth Varadarajan

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and
footsoldiers who help and support him. We need to take them all down.
S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must
never forget that he was able to get away with the sexual molestation of a young child and the
illegal harassment of her family for 19 years because he had hundreds of men who supported
him in his effort to evade justice.
The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school
administrators – were willing to bend the system to accommodate a man accused of molesting a
minor speaks volumes for the moral impoverishment of our establishment and country. Decent
societies shun those involved in sexual offences against children. Even criminals jailed for
`ordinary' crimes like murder treat those serving time for molesting children as beyond the pale.
But in India, men like Rathore have their uses for their masters, so the system circles its wagons
and protects them.
The CBI's appeal may lead to the enhancement of Rathore's sentence and perhaps even the
slapping of abetment to suicide charges, since his young victim killed herself to put an end to the
criminal intimidation her family was being subjected to by Rathore and his men. But the systemic
rot which the case has exposed will not be remedied unless sustained public pressure is put on
Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have
it in their power to push for simple remedies in the way the Indian law enforcement and justice
delivery system works.
First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and
security forces personnel when they are accused of committing crimes. The original intent behind
this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of
discharging their duties in good faith. Somewhere along the line, this has come to mean
protecting our custodians of law and order when they murder innocent civilians (eg. the infamous
Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five
villagers in 2000 still cannot take place because the Central government will not grant
permission), or assault or molest women and children. No civilised, democratic society grants
such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how
they had wanted Rathore prosecuted but were prevented from doing so because of pressure.
Such officials should either be made formally to testify in a criminal case against the politicians
who so pressured them or they should themselves be hauled up for perverting the course of
justice.
Second, stop talking about how making the police and army answerable to the law will somehow
demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or
the morale of upright police and army officers, who do not think it is right for their colleagues to be
able to get away with criminal acts?
Third, bring an end to the cosy relationship between the police and politicians. Rathore was
protected by four chief ministers of Haryana. He served them and they served him by ensuring
his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating
back to 1861. A number of commissions have made recommendations for reforming the police
over the years; but no government or political party wants to give up its ability to use and misuse
the police for their own benefit
Fourth, ensure that police officers who abuse their authority and engage in mala fide
prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.
Chidambaram should use the considerable resources at his command to find out who were the
policemen involved in filing 11 bogus cases against the teenaged brother of the young girl
Rathore molested. He should then make sure criminal proceedings are initiated against all of
them. The message must go out to every policeman in the country: If you abuse the law at the
behest of a superior, you will suffer legal consequences.
Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a
matter of routine so that a powerful defendant is not able to use his position to delay proceedings
the way Rathore did for years on end. The destruction or disappearance of material evidence in
such cases must be treated as a grave offence with strict criminal liability imposed on the
individual responsible for breaking the chain of custody.
Sixth, empower the National Human Rights Commission with teeth so that police departments
and state governments cannot brush aside their orders as happened in the Rathore case. This
would also require appointing to the NHRC women and men who have a proven record of
defending human rights in their professional life, something that is done today only in the breach.
The attitude of the Manmohan Singh government to this commission and others like the National
Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies
are not filled for months on end.
Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual
crimes, including sexual crimes against children. Between rape, defined as forced penetrative
sex, and the vague, Victorian-era crime of `outraging the modesty of a woman', the Indian Penal
Code recognises no other form of sexual violence. As a result, all forms of sexual molestation
and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the
judge did not even hand down the maximum sentence, citing concerns for the criminal's age.
Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to
distinguish between `outraging the modesty' of an adult woman and a young child.
A draft law changing these provisions and bringing India into line with the rest of the modern
world has been pending with the NCW and Law Ministry for years. Perhaps the government may
now be shamed into pushing it through Parliament at the earliest.
Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate
that the family of Rathore's young victim had to endure is testament to the fact that people who
seek justice in India do so at their own peril.
Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used
against other alleged criminals, are also employed against police officers accused of crimes.
Tenth, the media and the higher judiciary must also turn the light inward and ask themselves
whether they were also derelict in their duty. The Rathore case did not attract the kind of constant
media attention it deserved, nor do other cases involving serving police officers accused of
crimes against women, workers, peasants and minorities. As for the upper courts, their record is
too patchy to inspire confidence. It was, after all, the high court which chose to disregard the
CBI's request for including abetment to suicide charges.
Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of
Haryana, custodians, sexual violence, NHRC


Porbandar judge accused of dowry harassment

A complaint has been filed against District and Sessions judge of Porbandar for allegedly
harassing his daughter-in-law for dowry, police said here on Sunday.
Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw
and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the
police added.
Darshana married Kinnar two years ago. Her complaint says that she was harassed from the
beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10
lakh as dowry.
She has also alleged that she was thrown out of the house a few months back, and her husband
is now seeking divorce, the police said.
Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against
the judge and others. He said that action will be taken after verifying the complaint.
This is the second complaint related to dowry harassment filed against a judge in the state in the
recent past.
Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her
daughter and the judge's wife committed suicide.


Gurgaon judge to also face dowry harassment charge

Gurgaon's Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also
face dowry harassment charge, police here said Monday.
Police have issued notices to the CJM's father K.K. Garg and mother Rachna Garg, who have
also been named in the dowry harassment case.
The CJM's father reached here Monday morning from Haryana's Panchkula town and contacted
police, who wanted to question him.
"We had called CJM's parents...K.K. Garg was questioned by special investigation team (SIT),"
Gurgaon Police Commissioner Alok Mittal said.
Mittal said on the basis of written complaint filed by the parents of the CJM's wife Geetanjali,
penal sections of dowry harassment and extra-marital affair were included in the FIR lodged
against the CJM Saturday.
Geetanjali, 24, bore three bullet wounds - on her chin, chest and stomach - but no bullets were
found in her body that was recovered here Thursday. The CJM's licensed firearm was found near
the body, police said.
Mittal said two bullets were seized from the scene of crime and would be sent for ballistic
examination Monday, a day after ballistic experts examined the crime spot.
"The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government
allotted house here in the Officers Colony," said Mittal.
"We have asked CJM to produce supporting evidences to prove his statement," he said.
The CJM allegedly said that his driver and domestic help may throw some light on his wife's
death.
Judge Garg's in-laws alleged that two cars were provided to the accused on his and his family's
demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in
school in May.
Geetanjali's brother Pradeep Aggarwal Saturday lodged a first information report against Garg
and his parents, accusing them of murder.
"Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but
the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered
two baby girls (now aged around four and a half and three years)," Aggarwal said in his
complaint.
He demanded a probe by the Central Bureau of Investigation (CBI) into his sister's murder.

sexual harassment: Intern moves SC for inquiry against Justice Swatanter Kumar


New Delhi: A former law intern, who has made sexual harassment allegations against Justice Swatanter Kumar, today moved the Supreme Court seeking inquiry against the retired judge.
A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned for urgent hearing, agreed to take up the case on January 15.
The intern, in the petition, challenged the apex court's December 5, 2013 full court resolution in which it was decided that no complaint against its retired judges will be entertained.

The petitioner also submitted that a proper forum be constituted to conduct inquiry in such cases and her complaint be also looked into by the apex court like it was done in the case of sexual harassment allegations against Justice (retd) A K Ganguly.
The intern has made Justice Kumar, Secretary General of the Supreme Court and Union of India parties in the case.
She submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per Vishaka guidelines.
Justice Kumar, who is currently heading the National Green Tribunal, has described the allegations as "incredulous and false" and "some kind of conspiracy".




IB confirms Mysore Roost  Resort sex scandal

The Intelligence Bureau has provided the Centre with a detailed account of the escapade
involving three Karnataka High Court judges on November 3 in a resort on the outskirts of
Mysore, highly placed sources told The Times of India on Friday.
According to a senior official, “Most of the information sought has not only confirmed the veracity
of the incident but the government has crosschecked it with another police agency. Both the
reports match.”
The incident was widely reported in the media. What has surprised the Centre is the “dogged
refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.
Chandrasekhar first denied that the incident ever took place. Only when a public notice was
issued through the high court registrar seeking information on the Mysore scandal, did the facts
come out in the open. Public protest helped a lot,” says the source.
What transpired at the resort, says the source, “cannot be expected from anyone in civil society,
leave alone persons sworn to upholding the law”. According to him, “The IB report consists of
unmentionable facts and also makes it amply clear that the Mysore incident is not the first time
such things have happened. Can anyone expect upholders of the law to pick a fight with people
who complained to the police when caught in a compromising position?”
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief
Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed
that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice
Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High
Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal
for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate “remedial
measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He
says, “Bar associations and the people of northeastern states were up in arms when some
judges of the Punjab and Haryana high courts were transferred there. We expect similar protests
if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High
Court.”
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called
for “follow-up action”.
“Unless prompt and appropriate action is taken, it will erode the faith of public in the only
institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.
The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.


 Read  full details  in  the attachment 


Panel names former India Supreme Court judge Ganguly in sex harassment allegation

Shocked, shattered by allegations: former Supreme Court judge Ganguly
New Delhi: A three-member panel that probed the charge of sexual harassment of a young lawyer by a Supreme Court judge has submitted its report, identifying the judge as A K Ganguly, court sources said on Friday.
The report was submitted on Thursday after the committee of three judges met six times. This is the first time an alleged perpetrator has been named.
The report, submitted to Chief Justice P Sathasivam, also carries the statements of the victim, who interned in the Supreme Court, and that of the now-retired Justice Ganguly, the sources said.
The graduate of Kolkata-based National University of Judicial Sciences (NUJS) had alleged sexual harassment by Ganguly while interning for him in December 2012.
The committee, which held six sittings on November 13, 19, 21, 26, and 27, submitted its report to Chief Justice Sathasivam on November 28.
The victim appeared before the committee on November 19 and was expected to appear again on November 21 but chose to stay away.
She first mentioned the incident in a blog for Journal of Indian Law and Society on November 6 and later told the same in an interview with Legally India website.
The victim, who is working with Natural Justice: Lawyers for Communities and Environment, said she heard that there were three other girls besides her who were sexually harassed by the same judge.
She also claimed to have knowledge of four more girls who were allegedly harassed by other judges in their chambers.
Denying any sexual harassment, Ganguly on Friday said he was “shocked and shattered” by the charges against him.
“I am denying everything. I have told the committee that all the allegations levelled by the intern are wrong. I don’t know how such allegations have been levelled against me,” he said.
“I am a victim of situations,” he told television channels.
“I am not ashamed of anything,” he said in reply to a question regarding the alleged episode which came out in public after the victim spoke about it in the legal portal earlier this month.
He said the charges against him were totally wrong. The girl had not raised any sexual harassment issue with him, he said, adding that he had not done any physical harm to her.
The former judge said the intern worked with him though she was not officially allocated to him. She came in the place of another intern who had gone abroad after marriage. “I never put up a poster. She came on her own.”
He said the girl had come to his house on a number of occasions in connection with work.



Ruchika Girhotra case: Family gives up fight against ex-Haryana DGP

Ajay Sura, TNN | Jun 2, 2012, 04.09PM IST

CHANDIGARH: The family of Ruchika Girhotra, a minor girl who allegedly committed suicide after molestation by former Haryana director general of police (DGP) SPS Rathore, has given up its fight for justice in the court of law after 22 years.

The special CBI court Panchkula on Friday accepted the closure report submitted by the Central Bureau of Investigation (CBI) in two cases - attempt to murder and forgery of documents- filed against former Haryana DGP SPS Rathore.

Ruchika's father Subhash and brother Ashu raised no objection to the closure report.

Admitting that he was not in a position to pursue the matter further, Subhash said, "I do not see any hope now. We feel cheated. My family is vulnerable. The circumstances have pushed us back by 20 years."

"When Rathore was convicted in 2009, I met union home minister P C Chidambaram who assured me of justice. I thought time and system had changed and dared to move fresh complaints against Rathore." On January 12, 2010 the CBI registered three fresh FIRs against Rathore - attempt to murder, abetment to suicide and doctoring of documents. However, in November 2010, the CBI submitted the closure report in two cases. The closure report was accepted by the court on Friday.

"But now after finding that the system cannot be changed, we decided not to pursue it further," Girhotra said.

Ruchika's disillusioned father said that he had presented a lot of material and some witnesses related to the fresh cases before the agency. "But the agency was adamant on closing the case."

Subhash forced his son and family into exile after Ruchika's death, fearing further harassment at the hands of the former DGP. During this period, the family shifted between several cities and returned to Panchkula many years later only to lead an inconspicuous life.

The third case against Rathore- abetment to suicide - is still pending. The CBI could not file any report as the Punjab and Haryana high court has ordered status quo on it. Besides Rathore, former Ambala SP KP Singh, sub-inspector Prem Dutt and assistant sub-inspectors Jai Narayan and Sewa Singh were also named in the FIR.

In its closure report, the CBI has said that the allegations levelled by Subhash Girhotra and his son Ashu against Rathore were unfounded. The CBI also claimed that the allegations could not be substantiated "as per the documentary evidence and oral testimony of witnesses."

Ruchika Case---Timeline

August 12, 1990-- SPS Rathore, then IG and President, Haryana Lawn Tennis Association (HLTA) molested Ruchika

September 1990--Ruchika expelled from school for 'indiscipline' following her allegations against Rathore

September 3, 1990-- An Inquiry report indicts Rathore

October 23, 1993-- Ruchika's brother arrested in several theft cases

December 28, 1993-- Ruchika consumed poisonous substance

December 29, 1993-- Ruchika died

August 21, 1998-- High Court directs CBI to conduct inquiry

December 21, 2009-- CBI court sentenced six months' rigorous imprisonment to Rathore

January 12, 2010-- CBI registered three fresh FIRs leveling charges of attempt to murder, abetment to suicide and doctoring documents

November 10, 2010-- CBI filed closure



Fighting Sexual Violence In A Country Whose Police Doesn’t Respond To Distress Calls
By Samar

The calls were not getting answered, not a single one of them. The friend was recounting the tale of a female friend held hostage by some people in her own house with horror. I was calling the Senior Superintendent of Police and other officers, district administration, the local police station. Every passing minute was sending shivers down my spine, he continued.
Worst was the response of the police station where full rings went with nobody answering them. What for these police stations are if they cannot respond to such emergencies? The story, in short, was eerily similar to countless other stories of bodies of women being turned into the site of ‘honour’ and battles for the same. The younger brother of the woman in this case had married a girl out of love and then the couple eloped for safety. The case did not involve any caste conflicts, ironically, as both of them belonged to the same caste. It was the girl’s decision to choose her life partner on her own that had irked the family members, self-designated custodians of the girl in any patriarchal society. It was this they wanted to avenge and had, therefore, landed on the woman’s house in the dead of the night and held her hostage.
They had also confiscated her phones for stopping her from seeking any help. She was asked to tell where the couple was and threatened with rape and getting paraded naked if she did not. She, in fact, did not know. Yet, she asked for her phone on the excuse that a friend might know the couple’s location and she will ask her. That is how the friend I was talking to came to know about the incident. She, in turn, tried to contact every possible person who could help starting with the local police.
As I said before, the police did not answer the calls even once leaving her flummoxed. Then she started contacting her friends in media and women’s movement who could, finally, reach the police and make them act. The hostage situation was broken next morning after hours long ordeal for the woman. . Thankfully, she was rescued before getting violated despite being kept in illegal confinement. That too, it broke because the woman was well connected and her friend could reach people in positions of helping What would happen to an ordinary woman with no such contacts is anybody’s guess.
This happened in a country which saw a national outpouring of anger against violence against women after brutal gang rape and subsequent death of a young girl in Delhi last December. The popular protests had shaken the government of the day into action and it came up with new laws against rape and promised heightened security for women across India. That the changes were cosmetic gets betrayed by stories after stories of violence against women being committed in the country. Uttar Pradesh, most populous province of the country has been in news for spate of gang rapes and murders. Madhya Pradesh which has not been in news despite performing worse is officially acknowledged rape capital of the country. Even places which were considered safer for women in the past have seen a rise in incidents of sexual violence. Mumbai, for instance, witnessed a passenger attacking a female bus conductor and tearing her clothes in broad daylight.
The new law, evidently, has not worked on the ground. It will not for laws, however good, need institutions to work and if institution are defunct and/or deviant they are bound to fail. What law can save a woman if the police would not do as much as taking a distress call? What law would save someone from getting raped if she is held hostage for hours in her own house? What law would save a girl wanting to marry out of her own choice if the police cannot offer as much as protection to her? The country has seen cases of Khap Panchayats (caste councils) killing couple having police protection and then threatening the judge who sentenced those responsible. Interestingly, the local police did not beef up the security cover for the judge despite her repeated pleas as they were hand in gloves with the murderers.
Introducing newer, harsher laws is not going to curb sexual violence in India. Only thing that can is radical restructuring of the criminal justice system by making it responsive and responsible. Having dedicated teams to respond to emergencies might be a beginning but until and unless impartial investigations ending in speedy convictions become the norm, nothing will change on the ground.
Till then, we can make do police stations which do not respond to distress calls.


Rethinking Rule Of Law In The Times Of Rape Bid On A Judge
By Samar

An attempt to rape a judge, that too in Judges’ Compound in Aligarh which remains under twenty four hour vigil of the Provincial Armed Constabulary speaks volumes about the status of law and order in Uttar Pradesh, the most populous state of India. Who will be safe on the streets when even a judge is not spared by the rapists? No one, in fact is, as evidenced by the recent spate of incidents of sexual violence against women from marginalised and dispossessed backgrounds. The gruesome gang rape and murder of two minors in Badaun, the most ghastly of them, has caused a national outrage just a few days before this incident. The brazen attack on the mother of a rape survivor in order to force her to withdraw the complaint against the accused, currently in jail, in nearby Etah was another glaring example of total collapse of rule of law in Uttar Pradesh.
Sadly, the state has never been known for maintaining even law and order, forget enforcing rule of law. It has rather had the dubious distinction of being the proverbial Bad Lands, the countryside run by might and not by rulebooks. With both political and bureaucratic leadership oscillating between the denial to dodging mode, the recent cases of sexual assaults have merely reinforced the image. Think of a Chief Minister saying that rapes were common and a Google search would return many “Badaun like incidents’. Think of his father, a former chief minister and current parliamentarian, terming rape as minor mistake. The Director General of Police of the state, however, took the crown by justifying the incidents of rape as ‘normal’ in a state of the size and population of Uttar Pradesh.
There were others, largely in the secular liberal intelligentsia of the country, who saw a political conspiracy hatched by the Hindu right behind defaming the state. They came up, rightly, with the data from the National Crime Records Bureau that shows Madhya Pradesh as the rape capital of India and raised questions over the undue scrutiny of Uttar Pradesh. The intelligentsia, unfortunately, seems to have got it wrong once again, first time being its silence on the cases where victims came from dispossessed and marginalised communities. The lack of outrage over sexual violence against women from Dalit, tribal, minorities and other such communities until the cases are really gory, as Badaun was, has led to a section of people losing faith in them, it would do better not to lose all.
The question, however, is if the failure of a state in providing security to its women can be used as an excuse to defend the total collapse of rule of law in another? Should not a single case of rape be horrifying enough for the state to wake up and fix the system? Can a state really take refuge in competitive statistics and shirk from its responsibility of maintaining law and order, at least? This is exactly where that the government of Uttar Pradesh has failed and failed absolutely. That’s not bizarre if one sees the number of criminals in it right from its ranks and files to the ministry. After all, the state has a dubious distinction of seeking the withdrawal of rape charges against a minister in ‘public interest’.
It is in this context that the rape attempt on a sitting judge must be seen as a wakeup call for both the citizenry and the state. No people can live in perpetual fear of violence against women and state's inaction will merely increase both vigilantism and control of the mobility of women in the name of safety, a dangerous thing for a democracy. Parrying away the questions over the state of governance in Uttar Pradesh is not going to serve any purpose, only bringing the criminals to justice will. The state government must ensure speedy and impartial justice to the victims and their families to restore their faith in the system.

……………………..DECLARATION………………………



 
Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA

Professional / Trade Title : S.O.S - e – Clarion Of  Dalit

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Donations : NOT ACCEPTED.  Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .

Monetary Gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.

Owner/Editor/Printer/Publisher : NAGARAJA.M.R.

Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit &  S.O.S-e-Voice for Justice is donated  to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be  handed over to JSS Medical College , Mysore for the study purposes of  medical students.


Eye Donation : Both EYES  of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit &  S.O.S-e-Voice for Justice are donated  to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my  eyes  must be  handed over to  Mysore Eye Bank  , Mysore  WITHIN 6 Hours  for immediate eye transplantation to the needy.


UID  Aadhaar  No  :  5703  5339  3479 

Cell : 91 9341820313 ,  91 8970318202


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals  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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents   or to my family members    - In such case Chief Justice of  India together with the jurisdictional  revenue & police officials will be responsible for it , in such case 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 police officials , Judges , public servants & Constitutional fuctionaries.  
date  : 08.10.2014…………………………..Your's sincerely,

place : India…………………………………...Nagaraja.M.R.





Union Carbide and Dow must respect the Indian justice system

This year marks the 30th anniversary of one of the world’s worst industrial disasters.
On the midnight of 2 and 3 December 1984, a cloud of toxic gas leaked from the Union Carbide India Limited (UCIL) factory in Bhopal. It is estimated that more than 22,000 people died as a result, while about 570,000 were exposed to damaging levels of toxic gas. Many people in Bhopal still suffer from serious health problems, and pollution from the abandoned factory site continues to threaten the health of surrounding communities.
Today, three decades later, thousands of survivors and the families of those who died still await justice.
US-based UCC (Union Carbide Corporation) – the majority owner of UCIL - is charged with culpable homicide not amounting to murder but has never come to India to face these charges despite various court summons. The US-based Dow Chemical Company, which bought UCC in 2001, has consistently denied any responsibility for the Bhopal disaster or for ensuring that UCC appears before the criminal court.
On 4 August 2014, a Bhopal court issued a third criminal summons to Dow ordering the company to appear before it on 12 November 2014 and explain why it has not produced UCC before the court.
Dow has so far shown complete disregard for the Indian justice system. The United States government has a responsibility to ensure that US companies are held accountable for human rights abuses elsewhere in the world. It must fulfil this responsibility.
Thirty years is too long to wait for justice and remedy.
Prime Minister Narendra Modi will be meeting US President Barack Obama for a summit meeting at the end of September. Join Amnesty International India in asking Prime Minister Narendra Modi to urge the US Government to help ensure that UCC and Dow respect the Indian criminal process:
* UCC must face the criminal charges against it
* Dow must comply with the summons by the Bhopal court and attend the hearing on 12 November 2014.


An Appeal  to  Honourable Prime Minister of India & Honourable President of  USA

Your Excellency ,
                             I am writing to express my concern about the denial of justice to the thousands of people killed and affected by the toxic gas leak from the Union Carbide factory in Bhopal on the midnight of 2 and 3 December 1984.

This year marks the 30th anniversary of the Bhopal disaster.

Over 22,000 people died and around 570,000 were exposed to damaging levels of toxic gas. Many people in Bhopal still suffer from serious health problems, and pollution from the abandoned factory site continues to threaten the health of surrounding communities.

On 4 August 2014, a Bhopal court issued another criminal summons to Dow ordering the company to appear before it on 12 November 2014 and explain why it has not produced UCC (Union Carbide Corporation)  before the court.

Meanwhile, the injustice continues!

I  stand with Amnesty International India in asking the Indian Prime Minister Narendra Modi to urge the US government to ensure that UCC faces criminal charges against it and Dow complies with the summons by the Bhopal CJM’s court and attends the hearing on 12 November 2014.

Thank  You & Regards ,
Nagaraja.M.R.

30 years after the Bhopal gas tragedy


Lessons from India’s greatest industrial disaster with serious consequences for the environment remain unlearnt

Come December, it will be 30 years since the Bhopal gas tragedy occurred. The leakage of the deadly methyl isocyanate gas from the Union Carbide Corporation (UCC) factory in Bhopal went down in history as one of the worst industrial disasters in the world. But after all these years, has anything changed in India with regard to adoption of environmental safeguards before promoting industries and related projects? More important, what is the fate of the victims of polluting industries?
Tragedy continues

According to a January 2013 report of the Indian Institute of Toxicology Research, Lucknow, the soil and groundwater within 3.5 kilometres from the UCC factory site is contaminated with cancer- and birth defect-causing chemicals. “The contamination of soil and groundwater actually predates the disaster,” says activist Satinath Sarangi, who has fought for the cause of gas leak survivors.
“From 1969 to 1977, Union Carbide used to dump its toxic wastes at 21 spots, most of them unlined pits, inside the 68-acre factory premises. Despite 17 agencies, including government and non-governmental organisations, carrying out studies over the past two decades, a comprehensive plan for remediation of the soil and groundwater has not been prepared,” he says.
On Friday, October 31, when the news of Warren Anderson’s death spread across Bhopal, survivors of the tragedy got together to spit on a photograph of the former UCC CEO, the first accused in the case and a fugitive from justice. Survivors are unhappy with the court proceedings and compensation. “While over 25,000 people have died in the disaster, the government has paid compensation for only 5,295 deaths. The government acknowledged in June 2010 that the compensation it accepted from Union Carbide was indeed inadequate. Following this, both the Central and State governments have filed curative petitions in the Supreme Court seeking additional compensation of $1.2 billion,” Mr. Sarangi says.
Rashida Bee, president, Bhopal Gas Peedit Mahila Stationery Karmachari Sangh, says three generations of gas leak victims have suffered, with their children being born with disabilities but little was done by the government to help victims and to give medical assistance to their families. Through the Chingari Punarvaas Kendra, run by Ms. Bee and her survivor friends, nearly 750 children are now being treated with the money that came with the Goldman Environmental Prize in 2004.
Lessons not learnt

Lessons from the tragedy have not been taken seriously. Environmental activist Nityanand Jayaraman says key lessons such as choosing appropriate sites for projects are violated to this day. “Take the proposed Cheyyur thermal power project in Tamil Nadu, for instance. If the power plant pollutes the land and waterbodies, who will compensate affected local communities?” he asks. “Another example is the Gorakhpur nuclear power project planned in Fatehabad. Located close to dense human habitations, the project has already raised several concerns,” he says.
Disaster response is another important lesson. “In Japan, even small children know how to respond to a disaster such as earthquake, but go to Kudankulam and the local villagers know very little about how to respond to any radiation leak,” he says.
The lack of preparedness in the face of hazardous pollution shows in the case of mercury pollution in Kodaikanal. Mahendra Babu, president, Ponds HLL Ex-Mercury Workers’ Welfare Association, said that in 2001, the Kodaikanal mercury thermometer factory of Hindustan Unilever Ltd. (then Hindustan Lever) shut down, but 36 ex-workers of the factory died from hazardous exposure to mercury. “In the past 10 years, 11 committees, including a Supreme Court-monitored committee, has been set up to redress grievances arising out of the pollution from the factory. No thorough clean-up of the factory site has been done as yet,” he says.
No prosecution

Environmental lawyer and activist T. Mohan says there are hardly any cases of prosecution of environmental crime by corporate firms in India. “In India, ex post facto clearances are being given to projects by polluting firms. Environmental Impact Assessment notifications, which are supposed to be issued prior to the undertaking of projects, are being issued after the projects are executed,” he says. Although the Supreme Court has come down heavily on some instances of violations, government authorities have been quite lax in these matters, he adds.
Mr. Mohan cites the example of the Loss of Ecology Authority (LEA), a tribunal set up to award compensation for farmers affected by polluting industries, to demonstrate how settlement of legal compensation for victims of industrial pollution has not worked out. “The chairman of the LEA resigned a few months ago. The tribunal is rudderless and dysfunctional. Even when compensation was offered to victims of industrial pollution, the sum was paltry. Farmers from Karur in Tamil Nadu were offered as low as Rs. 5-7 a hectare of damaged land,” he says.
With Anderson dead and having escaped imprisonment, Bhopal gas leak victims continue to suffer, Ms. Bee strikes a note of caution. “The new government should think about the consequences of going head over heels to woo industry without paying sufficient attention to the poor institutional response mechanisms in the event of an environmental disaster.”




India: Court decision requires Dow Chemical to respond to Bhopal gas tragedy

US chemical giant The Dow Chemical Company (Dow) must acknowledge its responsibility towards survivors of the devastating Bhopal industrial disaster, Amnesty International said after the company was summonsed to appear before a court in Bhopal, India.
The company has been ordered to explain why its wholly-owned subsidiary, Union Carbide Corporation (UCC), has repeatedly ignored court summons in the ongoing criminal case concerning the 1984 Bhopal disaster, where UCC is accused of “culpable homicide not amounting to murder”.
“Today’s court decision is an important step in ensuring corporate accountability for the devastating consequences of the Bhopal gas leak,” said Audrey Gaughran, Director of Global Issues at Amnesty International.
“Dow has always tried to claim it has nothing to do with UCC’s liability for Bhopal, but the court has today made it clear that Dow itself has a responsibility to ensure that UCC faces the outstanding charges against it. Dow can no longer turn its back on the tens of thousands still suffering in Bhopal.”
Almost three decades after the Bhopal disaster, victims and their families have yet to receive adequate compensation from UCC or the Indian government.
“The summoning of Dow is potentially a giant step towards establishing the criminal liability of Union Carbide Corporation for one of the worst corporate disasters in world history,” Satinath Sarangi, a member of Bhopal Group for Information and Action, a local campaign group, said.
“As 100% owner of Union Carbide, Dow will now have to find a way to explain Union Carbide’s absconding from serious criminal charges for the last 21 years to the Bhopal Court,” said Hazra Bee, a survivor-activist who lives right across from the former Union Carbide plant in Jaiprakash Nagar.
The impacts of Bhopal continue to be felt today. Some 100,000 people continue to suffer from health problems. Ongoing pollution from toxic waste at the former factory site has never been addressed. 
Research conducted by Amnesty International in December 2012 found that, since the gas leak, women in Bhopal have reported ongoing serious health issues including gynaecological and reproductive health disorders.
UCC held a majority share in Union Carbide India Limited, the Indian company that operated the pesticide plant responsible for the 1984 Bhopal gas leak, which it is estimated has killed more than 22,000 people.   
In 1987, the Indian government brought criminal charges of “culpable homicide not amounting to murder” against UCC and its former chairman Warren Anderson. Since then, UCC has repeatedly ignored court summons in India and has yet to face justice for its role in the Bhopal disaster. Anderson escaped trial by simply living abroad. A request by the Indian government for his extradition is still pending with the US government.
Dow has owned UCC since 2001 but has consistently denied responsibility for any UCC liability in relation to Bhopal, ignoring calls by survivors and human rights groups to address the ongoing environmental and health impacts of the disaster. 
Dow has always maintained that it did not own UCC at the time of the disaster and that the two are separate companies. But today’s court ruling means Dow must explain to the Bhopal chief judicial magistrate why it has failed to ensure its subsidiary appears in court.
“Dow’s attempt to distance itself from its wholly-owned subsidiary UCC has always ignored the reality of the relationship between the two companies. Today’s court summons has confirmed that Dow itself must ensure that UCC faces up to its responsibilities,” said Gaughran.
“Dow should publicly recognise this responsibility and address the ongoing human rights impacts in Bhopal. Dow also needs to explain why UCC has failed to show up in court, and to release publicly all information about the gas leak that UCC has withheld previously.”



Editorial : BHOPAL GAS  VERDICT FIXED -  Shame Shame to Supreme Court of India & Supreme Court of USA

 

Now it is a known fact that Bhopal  Gas Leak Case Verdict was FIXED years before ,  MATCH FIXED  by then MP Government Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.

Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.

 

Double standards of supreme court of India

http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

 

PIL Appeal & Show Cause Notice to Supreme Court of India

http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india 

 

In India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature , Favourable laws are enacted to legalize crimes of rich crooks  for example : Illegal land encroachments by rich crooks. The same MPs , MLAs are not aware about problems of poor public , they don’t even open their mouth for asking questions on welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india ,

1.       To legally prosecute the jurisdictional  police who changed the charge sheet , who let out  Main criminal Anderson illegally without orders from the  court.

2.       To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who fully aided the main accussed , criminal Anderson to escape , to jump law.

3.       To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.

4.       To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the clause under which  Anderson & others were charged.

 

The Public servants – Mps , MLAs , Judges , IAS / IPS officers  , Police  take thousands of rupees monthly salary , cars , bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class air travel , foreign tours , etc all at tax payer’s expense. After enjoying to the hilt at taxpayer’s expense  , these same public servants don’t serve the public , they serve the rich crooks , anti nationals in their greed for more money.

 

All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast this will open the eyes of honest few in public service – police , judiciary & parliament , it is a fond hope. Jai Hind. Vande Mataram.

 

Your’s sincerely,

Nagaraj.M.R.

 

HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS
-         Another independence  struggle in India needed ?

After 66 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries  all at tax payer's expense , while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant  is neither aware of the value of our hard won independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials , the cover-up begins  right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit  more crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs  , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges  have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc  is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.

If the  authorities term this act as illegal , crime then are the acts of corrupt public servants  legal  ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting  , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ?  the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice  & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither  state nor public.

Hereby, e-voice  urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. let us build a true democratic India , free of corrupt public servants.


 

Shame! India sold its dead cheap

Shobhan Saxena, 

Around 22,000 dead. More than 1,20,000 injured.  Rs 1 lakh for each body. Rs 25,000 for every poisoned lung and damaged heart and blinded eyes. 26 years of long wait. And just 2 years in jail for the men who committed the worst crime against the people of this country. And this mockery of justice after such a long wait. Twenty six years after 40 tonnes of lethal gas seeped into the lungs of Bhopal, families of some 17,000 men, women and children are still waiting for the so-called compensation. Thousands more are still waiting to be accepted as victims. People of Bhopal are still drinking toxic water poisoned by Union Carbide in December 1984. And the main culprit is living life kingsize in a mansion in New York.

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment -- if there is a failed state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the ridiculous amount of $450 million dollars for the people killed and maimed by methyl isocyanate leaked from the Union Carbide factory in the heart of Bhopal three decades ago. In all these years, the poor victims have done everything they could to get justice and compensation. They have cried and died on streets, sat hungry and faced police lathis on roads and filed court cases in the hope that one day they will get justice.

Today, they were denied justice. Today, they were told that they should be happy with the peanuts thrown at them by Union Carbide.  Today, India proved once again that it doesn’t care for its poor. Today, it was proved all over again that those who do politics in the name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren Anderson in court. The chairman of UC at the time of the gas attack (it was not an accident, the gas leak was caused because of cost-cutting steps taken by him) on the people of Bhopal, Anderson was arrested and later released on bail. He ran off to US in 1986 and we have not been able to find him or ask the US to extradite Anderson to India. Why? The government says it doesn’t know where Anderson is. What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the streets after hearing news that the Chief Judicial Magistrate of Bhopal had ordered the CBI to arrest Anderson and produce him before the court without delay. The court also asked the CBI to explain what steps it had taken since 2002 to enforce the warrant and extradition of Anderson, who was declared an absconder in 1992. Though the CBI and US government failed to track Anderson, supporters of Bhopal victims traced him to the elite New York neighbourhood of the Hamptons. In 2003, Greenpeace activists paid Anderson a visit at his home and handed him an arrest warrant.

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson as he is a “proclaimed offender”. This status suits him fine because he doesn’t have to bother about coming to India and answer some very crucial questions:

 *Why did Union Carbide not apply the same safety standards at its plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close to the factory, turned off?

The victims have always alleged that Bhopal happened because of negligence by the Union Carbide and that was caused by cost-cutting measures taken by Anderson. Is it because of this reason that Anderson has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government have to let a mass murderer like Anderson go scot-free. Is it because he is an American? Can an American come to India kill people in this country and run away with no consequences? That seems to be the case. We are still struggling to get a chance to question David Headley Coleman, an American citizen responsible for the worst terror attack on an Indian city in 2008. Will we succeed in getting Headley extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people, particularly if they have been slaughtered by powerful people from the most powerful nation in the world. Instead of taking on America and fighting for justice for its poor, India is more than happy to sell its dead cheap. 

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail


BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedy case have been granted bail and released on submission of a surety of Rs 25,000 by a trial court in Bhopal, according to a Times Now report.

Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to negligence.

Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court, said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in the case.

The Magistrate court in Bhopal on Monday convicted all eight Indians accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine has been imposed on UCIL.

Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases and deformity - the toll of victims is still rising.

Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered down making all sections carry the maximum punishment of 2 years.

The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.

Anderson: The man who got away in Bhopal gas case

Chidanand Rajgahtta,

Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.

As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over 26 years a travesty of justice to many, two principals associated with the disaster have faded from sight even as newer culprits in most recent outrages (BP oil spill and Mumbai's 26/11 massacre) are in the spotlight.

Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in Long Island, New York.

Both have washed their hands off the Bhopal disaster. Union Carbide says its officials were not part of this case since the charges were divided long ago into a separate case. "Furthermore, Union Carbide and its officials are not subject to the jurisdiction of the Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide India Ltd, (UCIL)" a spokesman for the company told Wall Street Journal.

The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."

"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.

Anderson isn't talking. He hasn't spoken on record on the subject for nearly two decades. Now nearing 90, he lives with his wife Lillian in a million-dollar home in the swish Long Island neighbourhood of Bridgehampton, avoiding social contact and hiding from the media and activists who have struggled long to bring him to justice.

When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.

A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the Bhopal disaster (even though Harrell hadn't mentioned anything about the disaster).




Bhopal gas case: SC shot down move to slap tough charges

Dhananjay Mahapatra ,


NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II of IPC — that attracts a maximum jail term of 10 years — was set aside by the Supreme Court itself on September 13, 1996.

Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.

"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.

However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.

As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed in Dubai. Ahmed expressed disappointment, not with the trial court verdict but with the SC's 1996 judgment.

"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.

And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.


END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

 Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Bhopal, central India. Around half a million people were exposed.
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation – both medical care and measures to
address the socio-economic effects of the leak – have fallen way short
of what is needed.
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at Bhopal and efforts by survivors’ organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century – it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gas-
exposed families.
For 25 years the Indian government has failed the people of Bhopal.
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up.
 BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984,
when the U.C.C.  Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took- away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to go-
on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?
 
An appeal to honourable supreme court of USA & HE Honourable president
of USA  Mr.Obama
 
Your government protects all Americans, all American companies both
inside America & abroad. If an American tourist is murdered in a third
country , American investigators fly over to that country  to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
 
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in Bhopal
India , no action by American government. Still the said American
company has not removed , cleared the accident site of poisonous
debris at Bhopal India since decades and still causing mass man
slaughter  , no action by American government  why ?
 
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some US companies are selling
drugs ( which are banned in the USA ) to third world countries , still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you think
that the lives of  non Americans are cheaper than Americans ?
 
Hereby, I do request your kindself ,
 
1 . to initiate criminal prosecution against US based key management
personnel responsible for Bhopal gas tragedy .
 
2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy  on par with
American lives , as if the same tragedy happened in the USA itself.
 
3 . to order the management of the said company to clean up Bhopal off
poisonous debris , from the accident site at their own expense.
 
4 . To legally prosecute US exporters &  US based companies selling
products  ( which violates US FDA regulations or banned in the USA for
domestic consumption ) to third countries.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned  like  REAL ESTATE / COMMISSION  AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value  , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I  coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money,  employ our own people , use our own natural resources & finally  take away the net profits to their home countries  – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .


During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as "Neo colonisation" & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.

During 1990's under the international pressure India signed GATT & slowly started opening it's economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries - salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

1. There is lack of comprehensive environmental norms.

2. The enforcement of environmental norms is lax.

3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.

4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.

5. The enforcement of labour laws are lax.

6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.

7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.

8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.

9. The corporate governance laws are almost absent in India & it's enforcement nil.

10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.

11. On top of it, well trained, technically qualified people are available at low rates through contractors.

Just consider the following cases which highlight the apathy, irresponsibility of  government of India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it's people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.

2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.

3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.

4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years.
This is still further damaging the residents of Bhopal.

5. In the above union carbide disaster, the Government of India didn't present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?

6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.

7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.

8. In India spurious drugs, medicines, food stuffs are easily marketed.

9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.

11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.

Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.

12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.

13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.

14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't respond at all.

All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India.

 BHOPAL GAS TRAGEDY 1984 -Bhopal, India


At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984.

Now, refer the following:-

1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C.  Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released.

2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure.

3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of
India.

4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L

5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings

6. Even the Government of India didn't present the case of victim's-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice?

After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.

Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C.

Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up.


In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum.

Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ?

 

Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson goes scot-free


New Delhi: Bhopal gas tragedy prime accused Warren Anderson’s failed extradition has kicked off a war of words between former CBI investigators and the law minister.
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Officers who probed the case but have now retired claim their hands were tied by government missives directing CBI not to pursue Anderson’s extradition.
In fact, the government had committed to the US that Anderson would not be arrested during his visit to Bhopal in the aftermath of the tragedy. Accordingly, he was allowed to return.
Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving a letter from the ministry of external affairs to not pursue Anderson’s extradition.
“I distinctly remember receiving a routine letter which said Warren Anderson’s extradition may not be pursued. Normally, directions are not received through letters. It was a rare case,” he told DNA, making a case for greater autonomy to CBI.
“We [CBI] had responded to the letter that investigations required [Anderson’s] extradition,” Lall said.
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
“CBI did its best to investigate the case fairly and push for Anderson’s extradition. But our hands were tied. In 1996, we got a major blow when the Supreme Court deleted criminal sections from the case.”
The CBI charge sheet mentioned section 304 IPC (culpable homicide with a maximum punishment of 10 years). However, the charges were watered down to 304 (a) (death due to negligence), usually used in cases of road accidents.
“With such a mild section, it is impossible to get an extradition anywhere. The moment 304 was quashed, half the case was lost,” Singh said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply to Lall’s claims, he said, “After retirement people can give many statements. It is an irresponsible statement. This is not done at all. I think we need to do something to deal with such people who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.”

New Delhi: A former senior CBI official, involved in the Bhopal gas leak case investigations, today claimed that the probe was "influenced", generating a strong reaction from law minister M Veerappa Moily who termed the remarks as "irresponsible."
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The officer, BR Lall, former joint director of the agency and in-charge of the probe also said he was forced by the ministry of external affairs officials not to follow extradition of Warren Anderson, the CEO of Union Carbide Corporation when the gas leak took place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as a result the justice in the Bhopal Gas leakage case got delayed, hence, denied," said Lall, the CBI officer in charge of the investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After retirement, people can give many statement. It is an irresponsible statement. This is not done at all. After retirement, people become martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out of the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday convicted former Union Carbide, India, chairman Keshub Mahindra and seven others for the world's worst industrial disaster, that left more than 15,000 dead on the intervening night of December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to follow the extradition of Warren Anderson, which affected the CBI probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section 304 IPC, which amounts to culpable homicide with maximum punishment of 10 years. However, the charges were later watered down to 304 (a), usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for extradition of Anderson was made to the US side under India-US bilateral extradition treaty. This request has already been reiterated on more than one occasion."
Anderson, 89, the then chairman of Union Carbide Corporation of USA, who lives in the United States, appeared to have gone scot-free for the present as he is still an absconder and did not subject himself to trial. There was no word about him in the judgement of the Bhopal court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in and out of Bhopal in a state government plane was today strengthened by the aircraft's pilot.
''We got flight information from the then Director of Aviation R S Sodhi for a flight from Bhopal to Delhi and were told to keep the aircraft, a state government plane, ready,'' Captain Syed Hasan Ali claimed in an interview to a news channel.
Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal
He added that Anderson's identity was kept a secret from him. ''We did not know who he was,'' he said.
Capt Ali further claimed that Anderson was alone in the aircraft and looked upset and tired. ''As we waited for him, he came with the then SP and the District Magistrate of Bhopal. When we landed in Delhi, an ambassador picked him up from next to the plane and I left him with the airport manager,'' he claimed.
Anderson case not closed, he slipped because of CBI: Moily
Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singh government that Anderson was allowed to fly.
''I had received a call from the office of the then Chief Minister, Arjun Singh, ordering to arrange Anderson's departure on December 7, 1984,'' Captain R S Sodhi claimed in an interview to a news channel today.
Eight held guilty for Bhopal gas tragedy, get two years in jail
He alleged Anderson, a few hours after he came to know about his charges with culpable homicide, reached the airport where the Chief Minister's official plane stood waiting for him, along with senior bureaucrats and police officers.
The city's Superintendent of Police and the district magistrate, Moti Singh, waved to Anderson as he boarded Singh's plane, he said. Earlier, Moti Singh had also alleged that the then Chief Secretary of the state had called him to his room and told him to arrange for the flight of Anderson out of Bhopal.
''The then chairman Keshub Mahindra and UCIL's then managing director Vijay Gokhale after landing in Bhopal were taken into custody at the airport itself but soon after that, he and the district police chief were told by the Chief Secretary to get the US citizen released on bail and send him to Delhi by plane,'' he said.

 Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American parent company Union Carbide Corp responsible for the 1984 Bhopal gas tragedy, got out of India on the government’s order.

Moti Singh, who was the District Collector of Bhopal at the time of gas leak from the Union Carbide plant, said this to CNN-IBN on Wednesday.

He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the time, called him and the Superintendent of Police (SP) personally and asked him to release Anderson.

Anderson was arrested on December 7 but he was released the same day and flew out of Bhopal in a state government plane to New Delhi, said Singh. SeveralUnion Carbide officials were arrested on December 7 and kept at the company guesthouse after the gas leak on December 1, which was declared a temporary police station.

"At around 2 pm in the afternoon the Chief Secretary summoned me to his chamber in the Secretariat. We went there -- he (Chief Secretary) said Mr Anderson was to be released and sent to Delhi by plane which was awaiting him at the airport. We did legal formalities and Anderson was released on bail. He was put on the plane and he went to Delhi,” said Singh.

The former official said he was never given reasons why Anderson was being released. Singh claimed Anderson wanted to visited areas affected by the gas leak but he was told there was a threat to his life.

"He was reluctant to leave immediately. He said he wanted to see the affected areas and meet the people. I told him he was not welcome in Bhopal and that there was risk to his life and in no case he could be allowed to go to the affected areas.”

The former district collector claimed Anderson seemed casual and showed “symptoms of arrogance” but toned down when he was told that he was being released.

Singh recalls Anderson briefed him on how the deadly methyl isocyanate (MIC) gas "leaks, how it works” and what wind direction it will take. Singh says Anderson’s information tallied with what was happening in the city.

Anderson was charged with culpable homicide not amounting to murder, grievous assault and killing and poisoning human beings and animals due to leakage of the MIC gas from theUnion Carbide's pesticide plant in Bhopal.

A Bhopal trial court on Monday convicted eight Indian officials of Union Carbide for their criminal negligence that triggered the world's worst industrial disaster, but Anderson was not mentioned in the judgment.

Law Minister Veerappa Moily on Tuesday told CNN-IBN the “case” against Anderson was not closed and blamed a former Central Bureau of Investigation officer, who had investigated the gas leak, of not pressing for the American’s extradition.

Date : June 9th, 2010. News by Newsofap.com

 
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Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).

They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against them under Section 304, they said.

The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.

Date : June 11th, 2010. News by Newsofap.com

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for the 1996 verdict in the Bhopal gas tragedy case, has offered to resign from the post of Bhopal Memorial Hospital Trust chairman.

Speaking to a daily, the former CJI said, “I will send a fresh application to the new Chief Justice of India asking to be relieved of the responsibility, though my previous application was pending with former CJI KG Balakrishnan.”

Justifying his stand, Ahmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up by the Union Carbide after the gas leak.



Justice Ahmadi, who headed the bench in 1996 that converted the CBI charge under the stringent provisions of 304-II that provided for maximum of 10-year imprisonment to Section with two-year maximum imprisonment, said it was easy for people to talk and make allegations but judges have to work as per the system.

A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death by negligence.

Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge against Union Carbide executives in Bhopal gas tragedy case, saying in criminal law there was no concept of vicarious liability.

He also lamented the lack of a law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate punishment.

Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claim that no one had filed a review petition after the Supreme Court dropped charges of culpable homicide against the accused in the case.



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"Our organisation had filed a review petition but that was dismissed in 1996 by the Supreme Court, which was then headed by Ahmadi himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.

As the guilty had not been charged under Section 304 of IPC (culpable homicide not amounting to murder), they were let off with imprisonment of only two years each, Jabbar claimed.

Justice Ahmadi, who had delivered the Bhopal gas tragedy case verdict in on June 09 1996, said he could not recollect whether a review petition was filed. However, he had earlier stated in a television interview that no review petition was filed.

Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trust that runs a 350-bed superspeciality hospital. The trust was set up by Union Carbide.

A total of Rs 600 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an SC judge should be its chairman and Ahmadi has been at its helm since retirement.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [ Images ] whose role in letting the guilty in the Bhopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent judgment in the case -- 26 years after the event. On the night of 2/3 December, 1984, when deadly gas leaked from the Union Carbide plant in Bhopal, Arjun Singh [ Images ] was chief minister of Madhya Pradesh [ Images ] and Gandhi was the prime minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on India to save the US-based Union Carbide, the parent company, from civil and criminal liability.
As a result, at every little step, the law could not provide justice to the over 15,000 who died due to the gas leak. More than five lakh victims who suffered chronic diseases are struggling and pleading for help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the convicted officials of the Indian arm of Union Carbide to a mere two-year sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish Indian justice system and its spineless political establishment.
The entire Bhopal saga was witnessed from close quarters by Rajkumar Keswani, an outstanding journalist, who had in fact foreseen this catastrophe. His work proves that the tragedy of Bhopal started much before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news): 'Bhopal jwalamukhi ki kagaar par (Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of Bhopal by the Indian and American governments and multinational corporations. He shares his agony in a telephonic interview with rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What was your first reaction on hearing the verdict on June 7?
I had no expectations on that day. The seed of this judgment was sown when a Supreme Court bench headed by then Chief Justice of India, A H Ahmadi, passed a judgment in 1996 that converted section 304 (II) (culpable homicide not amounting to murder) of the Indian penal code to 304-A (causing death by negligence) to try the case. In 1996 we knew the fate of the Bhopal gas case. He diluted the charges filed against Union Carbide. What happened was the culmination of injustice that started with that judgment.
Was there a design behind this?
I can't say how it was done. But surely there was some design. Eventually, after retirement, Justice Ahmadi became the lifetime chairman of the Bhopal Memorial Hospital Trust and Research Centre which has funds worth millions of rupees. Those millions, paid by Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that they have never ever been subject to Indian laws. They have never appeared before an Indian court, nor have they lost anything due to Bhopal or benefited by the June 7 judgment. Our country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring Anderson to this country in the last 25 years.
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide India?   
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the Bhopal factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)
People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like Bhopal. Their reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations in Jansatta before the 1984 gas leak.
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant had problems before the leak in 1984. There is enough proof. Second, UCC, USA said they were not involved in the day to day running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would be too expensive and too difficult to acquire. How can UCC, USA escape their responsibility when they were advising Bhopal to economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety. Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company, didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of his order but he rejected it. We had sent messages to all the members of Parliament at that time to press for a review of the dilution of charges against the company. There are hundreds of documents that suggest that the parent company was involved in the running of the Bhopal company and they were aware of the problems in the plant. I submitted all of it in a US court too.
In 1982, I had documents to prove that safety measures in the plant were faulty. I managed to raise the Union Carbide plant issue in the MP assembly. The government denied any such threat, it is on record. The government denied my report and said there is a fool-proof system in the factory and there is nothing to worry about. The government said all these things in defence of Union Carbide in December 1982! I wrote to the Chief Justice of India in 1982 to intervene in the Bhopal factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the Government of India and the government of Madhya Pradesh. If you find out how the settlement of 1989 was reached, you will know what I am saying is correct. The settlement was done with the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and the Government of India agreed to drop all civil and criminal cases against Union Carbide, which was later challenged in the court. Who did this? It was Rajiv Gandhi who made this settlement possible. It was the ultimate shame that the Government of India accepted money for the victims to quash criminal proceedings against UCC.
I challenged it in the court with the help of Indira Jaising, my lawyer. Only after that petition was the criminal case revived in June 1989. Anyone can understand what the role of the Government of India has been in helping victims.   
It's very intriguing to see that after the Bhopal tragedy innumerable NGOs, from stalwarts like Indira Jaising to hundreds of local community leaders, fought for the victims but nothing came out of it. Why such a total failure?
This is a very serious question. I am also worried about it. I don't know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All over the world the victims have sympathisers. Still justice was not done. Why?
These are voices only. In society today only a loud bang is heard. That can be done by the television media. If the people would have reacted in a similar manner in 1996 to Justice Ahmadi's decision, the Bhopal verdict would have been different.
How do you look at the Bhopal judgment?
I think the judge in his wisdom has not spoken much on (UC India chairman) Keshub Mahindra's role. We have a grouse against it. It should be challenged. The Indian managers were equally responsible.
In Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of Bhopal?
There is Union Carbide Company who compromised safety for profit. There was the Indian government who could not withstand the might of the multinationals. The cause of the tragedy was Union Carbide, but the injustice was due to the slow process of the judiciary and the Central Bureau of Investigation. The investigating agency became a partner in crime.
Who helped Anderson? Who executed the operation to get him out of India on December 7, 1984?
The American government and the US embassy put pressure on the Indian government. They put pressure on the Prime Minister's Office. Rajiv Gandhi, reportedly, asked Arun Singh to ensure Anderson's release. Chief Minister Arjun Singh didn't convey to New Delhi [ Images ] the popular sentiments on the ground in Bhopal.
We reported these things then. We have no recordings of it now but we reported though our sources.
You are fighting since 26 years but now you see all around that people are reacting sensitively. There is a feeling of anguish and frustration. How do you see the new-found interest in the Bhopal case?
This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TV. They make us cry and they make us laugh. It is good, and even bad sometimes. In the case of Bhopal tragedy it is good that TV is shaking our memories.

Police released Anderson after 'deleting' stringent charge

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).

They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against them under Section 304, they said.

The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.

MP CM seeks explanation from Arjun Singh on how Anderson fled

New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on Friday said that his government will go to any extent to get justice for Bhopal gas victims and demanded an explanation from then Chief Minister Arjun Singh on how former Union Carbide CEO Warren Anderson fled the country.

"We will go to any extent to get justice for the victims...This is not an issue of Bhopal or the state. It should act as an example of how to give punishment in such cases," he told reporters here.

Noting that the people of the state felt "let down" following the gas tragedy verdict, Chouhan said he has written to Arjun Singh and asked for a reply on the circumstances that led to Anderson's escape.

"Let Arjun Singh explain it. Whether he did it (gave permission for providing state aircraft) himself or anybody told him to do so. We want a reply from him if a wrong direction was given. And after all, why such a direction was given.

"There are lot many questions like why the CBI filed no appeal when the charges in the case were diluted in 1997. If he gives a statement, things would be clear. The state and the country want to know these circumstances," he said.

Chouhan said a five-member team of legal experts has been set up by the state government to look into the issue and examine what could be done legally to get Bhopal gas victims justice. The interim report of the team would be out in the next ten days, he said.

Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion.

"Somebody is saying the Centre is responsible while somebody else says the issues comes under the state. Different people are speaking in different voices...One wants to protect somebody while the other wants to trap someone else.

"This is leading to confusion... Arjun Singh should speak the truth. What other Congress leaders are speaking is only bringing out the contradictions within the Congress party," he said.

He said that his government is open to all options and will decide after the committee report on whether to constitute a probe commission go into the lapses or take up the issue with US courts.

CBI failed to act on warrant against Anderson last year

Bhopal: The trial court in the Bhopal gas tragedy case had issued an arrest warrant against former Union Carbide CEO Warren Anderson last year but the CBI had failed to give any written response to it, according to court sources.

They said the warrant, the second against Anderson, was issued by Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the CBI did not give any written response to it.

Anderson was the chairman of the Union Carbide Corporation (UCC) at the time of the disaster in December 1984 which left over 15,000 people dead.

Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency, Anderson's case had been closed.

The first court warrant against Anderson was issued in 1992.

Direction to release Anderson must have come from CM: Ex HS

New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday said that the then Chief Minister Arjun Singh may have given directions to officials to release former Union Carbide chief Warren Anderson.

Sharma, who was the Home Secretary when the Bhopal gas tragedy took place, said the pressure to release Anderson must have come from the Chief Minister as "no officer would take such a step without direct instructions from the government".

"Right from the beginning there had been some soft approach towards the whole thing otherwise he (Anderson) would have not been kept in a guest house when he was in custody. Releasing an accused of such a heinous crime on the same day means there was a tremendous pressure," he said.

"...It is difficult to say from where this pressure came but certainly the pressure from Chief Minister on officials must have been there because no officer would take such a step without direct instructions from government."

Sharma claimed despite being the Home Secretary he was not kept in the loop and "not informed about Anderson's release."

To a question whether there was pressure on Arjun Singh, he said: "This is not known to me whether there was some pressure on Arjun Singh or not...I did not discuss with Chief Minister Arjun Singh. I really do not know.

"But he certainly gave (some) instructions because the Collector had said the Chief Secretary told him. The Chief Secretary should not have told him. The Chief Secretary should not have passed on these instructions without very strong instructions from the Chief Minister," he said.

He also questioned the Government's decision to keep Anderson in a guest house after his arrest and termed the grant of bail to him as illegal.

"It is certainly unusual. Although in a few cases it does happen but it is when the offence is not heinous and the person is respectable. But so far as this case is concerned, 15,000 persons have died and keeping accused in rest house was certainly, I would say, very unfortunate and shouldn't have been done," Sharma said.

"When the case, which was registered under Section 304 which is a non-bailable cognisable offence in which the bail can only be granted by Sessions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal," the former bureaucrat said.

"In a high profile case, in which so many persons died and somebody who had come from the US has been arrested and if he has been released same day on bail, not informing me or not keeping me in the loop, not consulting me was certainly not normal. In such cases the Home Secretary is always consulted."

Sharma said the then Bhopal Superintendent of Police had informed him about Anderson's arrest and he was not aware that he was released on bail.

"Whether there was pressure or not, I am not aware because till his release I was not in the loop. I was not consulted at all. So I have absolutely no information whether there was pressure to release," Sharma said.

Congress denies Rajiv had a role in Anderson escape

New Delhi: The Congress party on Friday strongly rejected a former prime ministerial aide P.C. Alexander's indication that the then prime minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union Carbide Corp in 1984, escape from the country within days of Bhopal gas tragedy.

Alexander reportedly stated that Gandhi and then Madhya Pradesh chief minister Arjun Singh were directly in touch with each other over the escape of Anderson from the country barely days after the world's biggest industrial disaster in Bhopal Dec 2-3, 1984.

Congress spokesperson Jayanti Natarajan said there "is nothing unusual" in a prime minister and a chief minister being in constant touch with each other.

She said the Group of Ministers for Bhopal gas tragedy would "gather all information and put it before the people".

The GoM is headed by Home Minister P. Chidambaram and includes Law and Justice Minister M. Veerappa Moily, Health Minister Ghulam Nabi Azad, Minister for Road Transport and Highways Kamal Nath, Minister for Chemicals and Fertilisers M.K. Alagiri, Minister for Urban Development Jaipal Reddy, Science and Technology Minister Prithviraj Chauhan and Minister of Housing and Tourism Kumari Selja.
The  Bhopal Gas Tragedy Continues
An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 Bhopal gas tragedy survivors, an American court has ruled that it was Union Carbide India Ltd (UCIL) and not its parent company, Union Carbide Corporation (UCC), which was responsible for the generation and disposal of the hazardous waste that has contaminated the city’s soil and groundwater.
While delivering his judgment on 26 June, Judge John F Keenan found “no evidence indicating that UCIL manufactured pesticides on UCC’s behalf, entered into contracts or other business dealings on UCC’s behalf, or otherwise acted in UCC’s name”. According to him, UCC and UCIL were separate entities at “arm’s length” from each other and UCC exerted no control over UCIL.
Significantly, it was the same court that in May 1986 sent the case for compensation to the Indian courts. At that time, the Indian government, on behalf of the victims, had filed a suit for $3.3 billion as compensation arguing that since the disaster was a consequence of decisions taken by the parent corporation, an American court was the appropriate forum.
Aware of the massive compensation awarded in cases of corporate malfeasance by US courts, UCC argued that the case be sent to India. The US court presided over by Judge Keenan ruled in favour of UCC and sent the case to India. “The court is firmly convinced that the Indian legal system is in a far better position than the American courts to determine the cause of the tragic event and thereby fix liability,” he had said.
In the context of the judgment delivered on 26 June, it would be interesting to see how it matches up with the pronouncements of the “far better” placed Indian judiciary on the specific issue of liability of UCC vis-à-vis that of its Indian subsidiary.
It was the same US court that in May 1986 sent the case for compensation to the Indian courts
Following Judge Keenan’s 1986 order, the case for compensation was presented before the Bhopal District Court where Chief Judicial Magistrate MW Deo directed that “UCC will deposit in this court Rs 350 crore for payment of substantial interim compensation and welfare measures for the gas victims”. Significantly, he did not make any pronouncement against UCIL.
UCC appealed against this order before the Madhya Pradesh High Court where Justice SK Seth upheld Judge Deo’s directions to UCC but brought down the compensation amount to Rs 250 crore. Judge Seth justified his direction on the grounds that, “UCC owned more than half the stock of UCIL as well as controlled its board of directors and as such was a parent and holding company of UCIL under Indian law. Thus, it was in fact the defendant UCC that designed, constructed, owned, operated, managed and controlled the Bhopal plant through its Indian subsidiary.”
In response to UCC’s contention that it had no control over the running of the Bhopal plant, Judge Seth observed, “During 1978-84, certain vital decisions regarding the fate of the Bhopal plant, including those relating to its sale, lease or dismantling and shipment to a foreign country, were taken at different stages by the UCC management, sometimes even without reference to the Indian company, indicating complete control of the defendant UCC over the affairs of the Indian company.”
UCC appealed against Justice Seth’s order in the Supreme Court and it eventually led to a collusive settlement in February 1989 for $470 million. The court directed that the bulk of the amount — $425 million — was to come from UCC and the rest from its Indian subsidiary. In October 1991, the order was modified and criminal charges against UCC and its officials and subsidiaries were reinstated. When UCC continued to abscond from Indian courts, in April 1992, Chief Judicial Magistrate Gulab Sharma directed that “movable and immovable properties of UCC located in India be attached”.
In June 2010, Chief Judicial Magistrate Mohan P Tiwari, in his judgment in the criminal case against UCIL and its officials, remarked, “The tragedy was caused by the synergy of the very worst of American and Indian cultures. An American corporation cynically used a third world country to escape from the increasingly strict safety standards imposed at home.”
Reportedly, Union Law Minister Salman Khurshid has refused to comment on Judge Keenan’s verdict absolving UCC of its liabilities. The least he could do is point out that between the 1986 and 2012 judgments, only one could be right.



Judgement Fixing in  Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.

A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose.


Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the United States Constitution.

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".


Double Standard : BP And Bhopal
By Bill Quigley & Alex Tuscano

When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the lives of the people of India.
BP should pay $20 billion in compensation, probably even more. The people of India agree with that.
But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people within two weeks, and disabled hundreds of thousands of others – many still suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the heart of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused widespread birth defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and chromium.
While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. “Just between you and me, shouldn’t the world Bank be encouraging MORE migration of the dirty industries to the Less Developed Countries?... I’ve always thought that under-populated countries in Africa are vastly UNDER-polluted…”
Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap labor but also to avoid disastrous impact of these industries on the advanced countries.
Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of justice for one of the world’s greatest disasters.
We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all people, no matter where they live.
Together we must bring about change in corporate development. We have to emphasize social production for the needs of people and improved social relations.
If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not last.
Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree Indian prophecy “Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when the last fish has been caught, only then will humankind learn that money cannot be eaten.”



Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held that neither Union Carbide nor its former chairman Warren Anderson were liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.

US district judge John Keena in Manhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the Bhopal plant due to the disaster, and ruled that Union Carbide Corporation (UCC) and Anderson were not liable for remediation or pollution-related claims.

The court ruled that it was Union Carbide India Ltd, and not its parent company UCC that was responsible for the generation and disposal of the waste that polluted drinking water, and the liability rests with the state government.

Plaintiffs Janki Bai Sahu and others had alleged that "toxic substances seeped into a ground aquifer, polluting the soil and drinking water supply in residential communities surrounding the former Bhopal Plant site".

They alleged that exposure to soil and drinking water polluted by hazardous waste produced Union Carbine India Ltd caused injuries.

"The summary judgement record certainly indicates that UCIL consulted with UCC about its waste disposal plans and on non-environmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC's approval for the actions about which plaintiffs complain," the court said in its order.

"Moreover, there is no evidence in this extensive record indicating that UCIL manufactured pesticides on UCC's behalf, entered into contracts or other business dealings on UCC's behalf, or otherwise acted in UCC's name," it said.

The industrial accident, the worst in Indian history, led to the leak of poisonous methyl isocyanate, claiming thousands of lives in the Madhya Pradesh capital.

REWIND: Finding Bhopal gas tragedy's Warren Anderson

 
October 31, 2014 12:56 IST
On Friday, Warren M Anderson, the former chief of Union Carbide Corporation died at a nursing home in Florida.
Anderson, 92, faced prosecution for his role in the Bhopal gas tragedy that claimed the lives of over 15,000 people.
Back in September 2002, Shakti Bhatt/Rediff.com located the former Union Carbide chairman’s luxury home in New York, declared unknown by the American and Indian governments.
Rediff.com reproduces the 2002 feature about his life in hiding. 
Warren Anderson's home in Bridgehampton, New York, militates against the notion of a hiding place.
Located on a street that runs off the main road, the gates of the house are open. As you enter, the neatly trimmed garden flowers, alternatively red and white, vie for attention with the sparkling vintage Buick Roadmaster parked outside the door.
If you stroll around the house, you come upon a large freshly cut lawn with two full-size beach chairs. The curtains in the bedroom are drawn. A king size bed with cream sheets and satin blue pillows, flanked by an ornate headboard, has just been tidied.
Anderson and his wife Lillian live in this luxury home in the Hamptons, the weekend resort for the rich and famous. And, occasionally, the infamous.
Anderson has lived here since he was charged with 'culpable homicide' for the disaster at the Union Carbide factory in Bhopal in December 1984 that consumed the lives of over 20,000 people. If Anderson -- then Union Carbide CEO -- is ever extradited to India, he could face charges leading to 10 to 20 years in a dirty, overcrowded, rat-infested Indian prison.
Bridgehampton is an intensely private neighbourhood. An outsider driving around its roads is distinctly discernible and stared at. A five-minute walk from Anderson's home on Ocean Road takes you to the water. A man is perched in his red sports jeep, reading a golf magazine.
"Do you know Warren Anderson?" I ask him.
He looks up, a trifle annoyed at being disturbed. "Yeah. I mean we are not best friends but I know who he is," he says.
I begin to walk away. He stops me and says, “You know, yesterday there was this woman outside his home with a poster saying 'Go back to India’.”
"Do you know why?" I ask.
"Nope. That is his business,' says the gray-haired man, and goes back to his magazine.
The woman with the poster was Diane Wilson, a shrimp farmer from Texas who now spends most of her time holding protests against the former CEO of Union Carbide, now a part of Michigan-based Dow Chemicals.
Anderson clearly believes it is not any of his business either.
When a rally of more than 1,000 protestors stood outside his home last week, he stepped outside to speak to them.
"Yell at them is more like it," says Arvind Rajagopal, professor of media at New YorkUniversity who is involved with the Bhopal awareness campaign in this country. "He said, 'Get your facts right. They bulldozed the clinic we built'. That is bullshit. No clinic was bulldozed. In fact, the only clinic they built is still there in Bhopal."
Anderson is clearly upset he has been found.
It was detection work not by an investigative journalist but by a campaigner for GreenPeace. Casey Harrell left his office in Washington, DC, early one morning to drive to New York. He knew it was going to be an exciting day.
After weeks of research, he had located the address of Anderson's $900,000 home, declared unknown by the American and Indian governments. Harrell wanted to meet Anderson and serve him the arrest warrant issued 10 years ago by a Bhopal district court.
August 28, Harrell sat inside his car with a colleague. A day before, photographers from London's Mirror newspaper had shot a picture of a visibly disconcerted Anderson.
Anderson's Cadillac pulled into his house. Harrell waited. Anderson was rinsing the gravel off his car when Harrell, with a mini camera on him, made his move. Guessing the nature of Harrell's visit, Anderson said, 'Oh, Mr Anderson is not around right now. What do you want with him?'
Harrell, while recognising Anderson, replied he had some questions to ask the owner. Right after, an elderly woman driving her car stopped outside Anderson's home. She had noticed the signs of aggravation on Anderson's face.
'Hey, Anderson! Is anything the matter?' she called out.
"It was then that Anderson got really agitated," recalls Harrell.
"He told the lady not to mention his name and ran inside the house. I started to run after him. Fortunately, as he was about to close the door, I stuck in my foot and threw the warrant inside."
Anderson's neighbour approached Harrell. 'You are mistaken. He is Warren McLaughlin, not Warren Anderson.' Seeing that her listener was not convinced, she raised her voice in exasperation and repeated, 'Don't you understand? He is not the former Union Carbide executive.'
Harrell smiled. 'Ma'am, I never said anything about Union Carbide.'
'Oh my!' gasped Anderson's helpful neighbour and sped away in her Lincoln.
For Harrell and those actively involved in helping Bhopal's victims receive justice, this was a symbolic act. In the 18 years that have passed since the tragedy, little has been done for the families that continue to suffer the long-term consequences of the toxic gas leakage that led, among other things, to severe contamination of the groundwater. Ninety per cent of the victims are said to have received less than $500.
Victims' groups have mobilised themselves under the leadership of Satinath Sarangi, a 48-year-old survivor. In 1997, he met Raj Sharma, a lawyer who had just graduated out of the American University Law School.
While in college, Sharma took a course offered by a visiting professor, Upendra Bakshi,that informed him about the legal history of the Bhopal accident.
Sharma was hooked. He decided to leave for Bhopal following his graduation.
"The scene in Bhopal was very bad. There was a situation where one person was dying every day. The long-term consequences were beginning to set in, most strongly in women, such as severe menstrual irregularities, birth defects in the children of survivors and such," says Sharma.
Two years later, Sharma filed a lawsuit in the US against Union Carbide and Anderson, and has been litigating since.
Even as he is impressed by the will of the Bhopal victims to pursue justice, he expresses shock at the behaviour of Indian government officials.
"The Indian government refused to put in even a single line or letter for us. They did not want to be embarrassed in front of Union Carbide, embarrassed to be supporting their own people. I had heard of the government's collusion with the company before I left for Bhopal. I said to myself, 'Don't be naive, this cannot be true,' until I saw it happening with my own eyes," says Sharma.
The lack of Indian political will has a lot to do with economics, claim those involved with the movement. "The Government of India is bending over backwards to appease Union Carbide, now Dow Chemicals. They are very afraid of creating a negative environment for international corporations in line to invest in India," believes Rajagopal.
India's Central Bureau of Investigation, the prosecuting agency, recently filed papers to reduce the charges against Anderson, much to the outrage of activists fighting to bring him to India for trial. But the Bhopal high court judge rejected the CBI papers, reasoning that Anderson had not applied to any Indian court to dilute the charges against him.
In a 1989 settlement, Union Carbide paid the Indian government $470 million as damages. The amount had scaled down from the $3 billion originally sought. But some victims are still waiting to receive their share of the money.
When a Channel Four reporter from London landed at Anderson's home last week, he found Lillian Anderson on the front lawn.
'It is not Union Carbide's fault,' she told the reporter. 'Union Carbide has been good to them. You just do not understand. We did all we can.'
When the reporter urged her to answer more questions, she excused herself to prepare for a dinner party that she complained was 'not even catered.'
"This is essentially saying 'we are more concerned about our dinner party than discussing the lives of hundreds and thousands of people that continue to suffer in the aftermath of the disaster. Leave us alone because we have to go and live our nice life,'" Harrell said.
The  Bhopal Gas Tragedy Continues
An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 Bhopal gas tragedy survivors, an American court has ruled that it was Union Carbide India Ltd (UCIL) and not its parent company, Union Carbide Corporation (UCC), which was responsible for the generation and disposal of the hazardous waste that has contaminated the city’s soil and groundwater.
While delivering his judgment on 26 June, Judge John F Keenan found “no evidence indicating that UCIL manufactured pesticides on UCC’s behalf, entered into contracts or other business dealings on UCC’s behalf, or otherwise acted in UCC’s name”. According to him, UCC and UCIL were separate entities at “arm’s length” from each other and UCC exerted no control over UCIL.
Significantly, it was the same court that in May 1986 sent the case for compensation to the Indian courts. At that time, the Indian government, on behalf of the victims, had filed a suit for $3.3 billion as compensation arguing that since the disaster was a consequence of decisions taken by the parent corporation, an American court was the appropriate forum.
Aware of the massive compensation awarded in cases of corporate malfeasance by US courts, UCC argued that the case be sent to India. The US court presided over by Judge Keenan ruled in favour of UCC and sent the case to India. “The court is firmly convinced that the Indian legal system is in a far better position than the American courts to determine the cause of the tragic event and thereby fix liability,” he had said.
In the context of the judgment delivered on 26 June, it would be interesting to see how it matches up with the pronouncements of the “far better” placed Indian judiciary on the specific issue of liability of UCC vis-à-vis that of its Indian subsidiary.


It was the same US court that in May 1986 sent the case for compensation to the Indian courts




Following Judge Keenan’s 1986 order, the case for compensation was presented before the Bhopal District Court where Chief Judicial Magistrate MW Deo directed that “UCC will deposit in this court Rs 350 crore for payment of substantial interim compensation and welfare measures for the gas victims”. Significantly, he did not make any pronouncement against UCIL.
UCC appealed against this order before the Madhya Pradesh High Court where Justice SK Seth upheld Judge Deo’s directions to UCC but brought down the compensation amount to Rs 250 crore. Judge Seth justified his direction on the grounds that, “UCC owned more than half the stock of UCIL as well as controlled its board of directors and as such was a parent and holding company of UCIL under Indian law. Thus, it was in fact the defendant UCC that designed, constructed, owned, operated, managed and controlled the Bhopal plant through its Indian subsidiary.”
In response to UCC’s contention that it had no control over the running of the Bhopal plant, Judge Seth observed, “During 1978-84, certain vital decisions regarding the fate of the Bhopal plant, including those relating to its sale, lease or dismantling and shipment to a foreign country, were taken at different stages by the UCC management, sometimes even without reference to the Indian company, indicating complete control of the defendant UCC over the affairs of the Indian company.”
UCC appealed against Justice Seth’s order in the Supreme Court and it eventually led to a collusive settlement in February 1989 for $470 million. The court directed that the bulk of the amount — $425 million — was to come from UCC and the rest from its Indian subsidiary. In October 1991, the order was modified and criminal charges against UCC and its officials and subsidiaries were reinstated. When UCC continued to abscond from Indian courts, in April 1992, Chief Judicial Magistrate Gulab Sharma directed that “movable and immovable properties of UCC located in India be attached”.
In June 2010, Chief Judicial Magistrate Mohan P Tiwari, in his judgment in the criminal case against UCIL and its officials, remarked, “The tragedy was caused by the synergy of the very worst of American and Indian cultures. An American corporation cynically used a third world country to escape from the increasingly strict safety standards imposed at home.”
Reportedly, Union Law Minister Salman Khurshid has refused to comment on Judge Keenan’s verdict absolving UCC of its liabilities. The least he could do is point out that between the 1986 and 2012 judgments, only one could be right.



Judgement Fixing in  Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.

A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose.


Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the United States Constitution.

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".







                 
Shame Shame to Supreme Court of India & Supreme Court of USA
-          Match Fixing in the Supreme  Courts of USA & India

The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.

Double standards of supreme court of India

PIL Appeal & Show Cause Notice to Supreme Court of India

Double Standard : BP And Bhopal
By Bill Quigley & Alex Tuscano

When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the lives of the people of India.
BP should pay $20 billion in compensation, probably even more. The people of India agree with that.
But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people within two weeks, and disabled hundreds of thousands of others – many still suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the heart of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused widespread birth defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and chromium.
While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. “Just between you and me, shouldn’t the world Bank be encouraging MORE migration of the dirty industries to the Less Developed Countries?... I’ve always thought that under-populated countries in Africa are vastly UNDER-polluted…”
Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap labor but also to avoid disastrous impact of these industries on the advanced countries.
Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of justice for one of the world’s greatest disasters.
We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all people, no matter where they live.
Together we must bring about change in corporate development. We have to emphasize social production for the needs of people and improved social relations.
If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not last.
Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree Indian prophecy “Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when the last fish has been caught, only then will humankind learn that money cannot be eaten.”



Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held that neither Union Carbide nor its former chairman Warren Anderson were liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.

US district judge John Keena in Manhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the Bhopal plant due to the disaster, and ruled that Union Carbide Corporation (UCC) and Anderson were not liable for remediation or pollution-related claims.

The court ruled that it was Union Carbide India Ltd, and not its parent company UCC that was responsible for the generation and disposal of the waste that polluted drinking water, and the liability rests with the state government.

Plaintiffs Janki Bai Sahu and others had alleged that "toxic substances seeped into a ground aquifer, polluting the soil and drinking water supply in residential communities surrounding the former Bhopal Plant site".

They alleged that exposure to soil and drinking water polluted by hazardous waste produced Union Carbine India Ltd caused injuries.

"The summary judgement record certainly indicates that UCIL consulted with UCC about its waste disposal plans and on non-environmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC's approval for the actions about which plaintiffs complain," the court said in its order.

"Moreover, there is no evidence in this extensive record indicating that UCIL manufactured pesticides on UCC's behalf, entered into contracts or other business dealings on UCC's behalf, or otherwise acted in UCC's name," it said.

The industrial accident, the worst in Indian history, led to the leak of poisonous methyl isocyanate, claiming thousands of lives in the Madhya Pradesh capital.

Editorial : BHOPAL GAS  VERDICT FIXED -  Shame Shame to Supreme Court of India & Supreme Court of USA

Now it is a known fact that Bhopal  Gas Leak Case Verdict was FIXED years before ,  MATCH FIXED  by then MP Government Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.

Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind 

PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india 

In India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature , Favourable laws are enacted to legalize crimes of rich crooks  for example : Illegal land encroachments by rich crooks. The same MPs , MLAs are not aware about problems of poor public , they don’t even open their mouth for asking questions on welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india , 
1.       To legally prosecute the jurisdictional  police who changed the charge sheet , who let out  Main criminal Anderson illegally without orders from the  court.
2.       To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who fully aided the main accussed , criminal Anderson to escape , to jump law.
3.       To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.
4.       To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the clause under which  Anderson & others were charged.

The Public servants – Mps , MLAs , Judges , IAS / IPS officers  , Police  take thousands of rupees monthly salary , cars , bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class air travel , foreign tours , etc all at tax payer’s expense. After enjoying to the hilt at taxpayer’s expense  , these same public servants don’t serve the public , they serve the rich crooks , anti nationals in their greed for more money. 

All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast this will open the eyes of honest few in public service – police , judiciary & parliament , it is a fond hope. Jai Hind. Vande Mataram.

Your’s sincerely,
Nagaraj.M.R.

An appeal to honourable supreme court of USA & HE Honourable president
of USA  Mr.Obama
 
Your government protects all Americans, all American companies both
inside America & abroad. If an American tourist is murdered in a third
country , American investigators fly over to that country  to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
 
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in Bhopal
India , no action by American government. Still the said American
company has not removed , cleared the accident site of poisonous
debris at Bhopal India since decades and still causing mass man
slaughter  , no action by American government  why ?
 
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some US companies are selling
drugs ( which are banned in the USA ) to third world countries , still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you think
that the lives of  non Americans are cheaper than Americans ?
 
Hereby, I do request your kindself ,
 
1 . to initiate criminal prosecution against US based key management
personnel responsible for Bhopal gas tragedy .
 
2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy  on par with
American lives , as if the same tragedy happened in the USA itself.
 
3 . to order the management of the said company to clean up Bhopal off
poisonous debris , from the accident site at their own expense.
 
4 . To legally prosecute US exporters &  US based companies selling
products  ( which violates US FDA regulations or banned in the USA for
domestic consumption ) to third countries. 

Shame! India sold its dead cheap
Shobhan Saxena,  

Around 22,000 dead. More than 1,20,000 injured.  Rs 1 lakh for each body. Rs 25,000 for every poisoned lung and damaged heart and blinded eyes. 26 years of long wait. And just 2 years in jail for the men who committed the worst crime against the people of this country. And this mockery of justice after such a long wait. Twenty six years after 40 tonnes of lethal gas seeped into the lungs of Bhopal, families of some 17,000 men, women and children are still waiting for the so-called compensation. Thousands more are still waiting to be accepted as victims. People of Bhopal are still drinking toxic water poisoned by Union Carbide in December 1984. And the main culprit is living life kingsize in a mansion in New York. 

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment -- if there is a failed state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the ridiculous amount of $450 million dollars for the people killed and maimed by methyl isocyanate leaked from the Union Carbide factory in the heart of Bhopal three decades ago. In all these years, the poor victims have done everything they could to get justice and compensation. They have cried and died on streets, sat hungry and faced police lathis on roads and filed court cases in the hope that one day they will get justice. 

Today, they were denied justice. Today, they were told that they should be happy with the peanuts thrown at them by Union Carbide.  Today, India proved once again that it doesn’t care for its poor. Today, it was proved all over again that those who do politics in the name of poor in this country, always rule for the rich. 

What justification does CBI have for not being able to produce Warren Anderson in court. The chairman of UC at the time of the gas attack (it was not an accident, the gas leak was caused because of cost-cutting steps taken by him) on the people of Bhopal, Anderson was arrested and later released on bail. He ran off to US in 1986 and we have not been able to find him or ask the US to extradite Anderson to India. Why? The government says it doesn’t know where Anderson is. What a lie. What a shame. 

Last year, on a balmy July day, a bunch of victims danced on the streets after hearing news that the Chief Judicial Magistrate of Bhopal had ordered the CBI to arrest Anderson and produce him before the court without delay. The court also asked the CBI to explain what steps it had taken since 2002 to enforce the warrant and extradition of Anderson, who was declared an absconder in 1992. Though the CBI and US government failed to track Anderson, supporters of Bhopal victims traced him to the elite New York neighbourhood of the Hamptons. In 2003, Greenpeace activists paid Anderson a visit at his home and handed him an arrest warrant. 

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson as he is a “proclaimed offender”. This status suits him fine because he doesn’t have to bother about coming to India and answer some very crucial questions:

 *Why did Union Carbide not apply the same safety standards at its plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures designed to prevent a gas leak fail to function? 

*Why was the safety siren, intended to alert the people living close to the factory, turned off?

The victims have always alleged that Bhopal happened because of negligence by the Union Carbide and that was caused by cost-cutting measures taken by Anderson. Is it because of this reason that Anderson has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government have to let a mass murderer like Anderson go scot-free. Is it because he is an American? Can an American come to India kill people in this country and run away with no consequences? That seems to be the case. We are still struggling to get a chance to question David Headley Coleman, an American citizen responsible for the worst terror attack on an Indian city in 2008. Will we succeed in getting Headley extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people, particularly if they have been slaughtered by powerful people from the most powerful nation in the world. Instead of taking on America and fighting for justice for its poor, India is more than happy to sell its dead cheap.  

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail

BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedy case have been granted bail and released on submission of a surety of Rs 25,000 by a trial court in Bhopal, according to a Times Now report.

Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to negligence.

Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court, said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in the case.

The Magistrate court in Bhopal on Monday convicted all eight Indians accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine has been imposed on UCIL.

Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases and deformity - the toll of victims is still rising.

Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered down making all sections carry the maximum punishment of 2 years.

The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.

Anderson: The man who got away in Bhopal gas case
Chidanand Rajgahtta,

Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.

As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over 26 years a travesty of justice to many, two principals associated with the disaster have faded from sight even as newer culprits in most recent outrages (BP oil spill and Mumbai's 26/11 massacre) are in the spotlight.

Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in Long Island, New York.

Both have washed their hands off the Bhopal disaster. Union Carbide says its officials were not part of this case since the charges were divided long ago into a separate case. "Furthermore, Union Carbide and its officials are not subject to the jurisdiction of the Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide India Ltd, (UCIL)" a spokesman for the company told Wall Street Journal.

The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."

"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.

Anderson isn't talking. He hasn't spoken on record on the subject for nearly two decades. Now nearing 90, he lives with his wife Lillian in a million-dollar home in the swish Long Island neighbourhood of Bridgehampton, avoiding social contact and hiding from the media and activists who have struggled long to bring him to justice.

When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.

A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the Bhopal disaster (even though Harrell hadn't mentioned anything about the disaster). 

Bhopal gas case: SC shot down move to slap tough charges
Dhananjay Mahapatra ,


NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II of IPC — that attracts a maximum jail term of 10 years — was set aside by the Supreme Court itself on September 13, 1996.

Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.

"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.

However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.

As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed in Dubai. Ahmed expressed disappointment, not with the trial court verdict but with the SC's 1996 judgment.

"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.

And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.


END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL 

 Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Bhopal, central India. Around half a million people were exposed.
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years. 
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation – both medical care and measures to
address the socio-economic effects of the leak – have fallen way short
of what is needed. 
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at Bhopal and efforts by survivors’ organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful. 
Bhopal is not just a human rights tragedy from the last century – it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gas-
exposed families. 
For 25 years the Indian government has failed the people of Bhopal.
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak. 
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up. 
 BHOPAL GAS TRAGEDY 1984 -Bhopal, India 

At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984. 
Now, refer the following:- 
1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984,
when the U.C.C.  Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released. 
2. In 1985, Government of India enacted "Bhopal claims Act" took- away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure. 
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India. 
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L 
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings 
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice? 
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims. 
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than U.C.I.L&U.C.C. 
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up. 
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum. 
Nowadays, it has become routine for central & State ministers to go-
on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?
  

Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson goes scot-free

New Delhi: Bhopal gas tragedy prime accused Warren Anderson’s failed extradition has kicked off a war of words between former CBI investigators and the law minister.
You may also want to see
·                     India trying for Anderson's extradition: Pranab Mukherjee
·                     Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game
·                     BJP for JPC probe into 'misuse' of CBI
·                     BJP demands Anderson escape order from Congress
Related videos
·                     Amendment in law to prevent Bhopal like tragedy: Solicitor general
·                     BJP seeks withdrawal of nuclear liability bill
·                     Bhopal gas leak tragedy convicts released on bail
Complete Coverage
Officers who probed the case but have now retired claim their hands were tied by government missives directing CBI not to pursue Anderson’s extradition.
In fact, the government had committed to the US that Anderson would not be arrested during his visit to Bhopal in the aftermath of the tragedy. Accordingly, he was allowed to return.
Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving a letter from the ministry of external affairs to not pursue Anderson’s extradition.
“I distinctly remember receiving a routine letter which said Warren Anderson’s extradition may not be pursued. Normally, directions are not received through letters. It was a rare case,” he told DNA, making a case for greater autonomy to CBI.
“We [CBI] had responded to the letter that investigations required [Anderson’s] extradition,” Lall said.
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
“CBI did its best to investigate the case fairly and push for Anderson’s extradition. But our hands were tied. In 1996, we got a major blow when the Supreme Court deleted criminal sections from the case.”
The CBI charge sheet mentioned section 304 IPC (culpable homicide with a maximum punishment of 10 years). However, the charges were watered down to 304 (a) (death due to negligence), usually used in cases of road accidents.
“With such a mild section, it is impossible to get an extradition anywhere. The moment 304 was quashed, half the case was lost,” Singh said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply to Lall’s claims, he said, “After retirement people can give many statements. It is an irresponsible statement. This is not done at all. I think we need to do something to deal with such people who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.”

New Delhi: A former senior CBI official, involved in the Bhopal gas leak case investigations, today claimed that the probe was "influenced", generating a strong reaction from law minister M Veerappa Moily who termed the remarks as "irresponsible."
You may also want to see
·                     India trying for Anderson's extradition: Pranab Mukherjee
·                     Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game
·                     BJP for JPC probe into 'misuse' of CBI
·                     BJP demands Anderson escape order from Congress
Related videos
·                     Amendment in law to prevent Bhopal like tragedy: Solicitor general
·                     BJP seeks withdrawal of nuclear liability bill
·                     Bhopal gas leak tragedy convicts released on bail
Complete Coverage
The officer, BR Lall, former joint director of the agency and in-charge of the probe also said he was forced by the ministry of external affairs officials not to follow extradition of Warren Anderson, the CEO of Union Carbide Corporation when the gas leak took place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as a result the justice in the Bhopal Gas leakage case got delayed, hence, denied," said Lall, the CBI officer in charge of the investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After retirement, people can give many statement. It is an irresponsible statement. This is not done at all. After retirement, people become martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out of the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday convicted former Union Carbide, India, chairman Keshub Mahindra and seven others for the world's worst industrial disaster, that left more than 15,000 dead on the intervening night of December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to follow the extradition of Warren Anderson, which affected the CBI probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section 304 IPC, which amounts to culpable homicide with maximum punishment of 10 years. However, the charges were later watered down to 304 (a), usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for extradition of Anderson was made to the US side under India-US bilateral extradition treaty. This request has already been reiterated on more than one occasion."
Anderson, 89, the then chairman of Union Carbide Corporation of USA, who lives in the United States, appeared to have gone scot-free for the present as he is still an absconder and did not subject himself to trial. There was no word about him in the judgement of the Bhopal court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in and out of Bhopal in a state government plane was today strengthened by the aircraft's pilot.
''We got flight information from the then Director of Aviation R S Sodhi for a flight from Bhopal to Delhi and were told to keep the aircraft, a state government plane, ready,'' Captain Syed Hasan Ali claimed in an interview to a news channel.
He added that Anderson's identity was kept a secret from him. ''We did not know who he was,'' he said.
Capt Ali further claimed that Anderson was alone in the aircraft and looked upset and tired. ''As we waited for him, he came with the then SP and the District Magistrate of Bhopal. When we landed in Delhi, an ambassador picked him up from next to the plane and I left him with the airport manager,'' he claimed.
Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singh government that Anderson was allowed to fly.
''I had received a call from the office of the then Chief Minister, Arjun Singh, ordering to arrange Anderson's departure on December 7, 1984,'' Captain R S Sodhi claimed in an interview to a news channel today.
He alleged Anderson, a few hours after he came to know about his charges with culpable homicide, reached the airport where the Chief Minister's official plane stood waiting for him, along with senior bureaucrats and police officers.
The city's Superintendent of Police and the district magistrate, Moti Singh, waved to Anderson as he boarded Singh's plane, he said. Earlier, Moti Singh had also alleged that the then Chief Secretary of the state had called him to his room and told him to arrange for the flight of Anderson out of Bhopal.
''The then chairman Keshub Mahindra and UCIL's then managing director Vijay Gokhale after landing in Bhopal were taken into custody at the airport itself but soon after that, he and the district police chief were told by the Chief Secretary to get the US citizen released on bail and send him to Delhi by plane,'' he said.

 Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American parent company Union Carbide Corp responsible for the 1984 Bhopal gas tragedy, got out of India on the government’s order.

Moti Singh, who was the District Collector of Bhopal at the time of gas leak from the Union Carbide plant, said this to CNN-IBN on Wednesday.

He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the time, called him and the Superintendent of Police (SP) personally and asked him to release Anderson.

Anderson was arrested on December 7 but he was released the same day and flew out of Bhopal in a state government plane to New Delhi, said Singh. SeveralUnion Carbide officials were arrested on December 7 and kept at the company guesthouse after the gas leak on December 1, which was declared a temporary police station.

"At around 2 pm in the afternoon the Chief Secretary summoned me to his chamber in the Secretariat. We went there -- he (Chief Secretary) said Mr Anderson was to be released and sent to Delhi by plane which was awaiting him at the airport. We did legal formalities and Anderson was released on bail. He was put on the plane and he went to Delhi,” said Singh.

The former official said he was never given reasons why Anderson was being released. Singh claimed Anderson wanted to visited areas affected by the gas leak but he was told there was a threat to his life.

"He was reluctant to leave immediately. He said he wanted to see the affected areas and meet the people. I told him he was not welcome in Bhopal and that there was risk to his life and in no case he could be allowed to go to the affected areas.”

The former district collector claimed Anderson seemed casual and showed “symptoms of arrogance” but toned down when he was told that he was being released.

Singh recalls Anderson briefed him on how the deadly methyl isocyanate (MIC) gas "leaks, how it works” and what wind direction it will take. Singh says Anderson’s information tallied with what was happening in the city.

Anderson was charged with culpable homicide not amounting to murder, grievous assault and killing and poisoning human beings and animals due to leakage of the MIC gas from theUnion Carbide's pesticide plant in Bhopal.

A Bhopal trial court on Monday convicted eight Indian officials of Union Carbide for their criminal negligence that triggered the world's worst industrial disaster, but Anderson was not mentioned in the judgment.

Law Minister Veerappa Moily on Tuesday told CNN-IBN the “case” against Anderson was not closed and blamed a former Central Bureau of Investigation officer, who had investigated the gas leak, of not pressing for the American’s extradition.


Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).

They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against them under Section 304, they said.

The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.

Date : June 11th, 2010. News by Newsofap.com

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for the 1996 verdict in the Bhopal gas tragedy case, has offered to resign from the post of Bhopal Memorial Hospital Trust chairman.

Speaking to a daily, the former CJI said, “I will send a fresh application to the new Chief Justice of India asking to be relieved of the responsibility, though my previous application was pending with former CJI KG Balakrishnan.”

Justifying his stand, Ahmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up by the Union Carbide after the gas leak.
Justice Ahmadi, who headed the bench in 1996 that converted the CBI charge under the stringent provisions of 304-II that provided for maximum of 10-year imprisonment to Section with two-year maximum imprisonment, said it was easy for people to talk and make allegations but judges have to work as per the system.

A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death by negligence.

Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge against Union Carbide executives in Bhopal gas tragedy case, saying in criminal law there was no concept of vicarious liability.

He also lamented the lack of a law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate punishment.

Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claim that no one had filed a review petition after the Supreme Court dropped charges of culpable homicide against the accused in the case.

Related Stories
·                     BJP asks Congress to come clean on Anderson issue
·                     `Blame judiciary for delay in Bhopal verdict`
·                     US to `evaluate` Indian request to bring Anderson to justice
·                     ‘Modi gov had allowed disposal of Bhopal`s toxic waste in Guj’
"Our organisation had filed a review petition but that was dismissed in 1996 by the Supreme Court, which was then headed by Ahmadi himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.

As the guilty had not been charged under Section 304 of IPC (culpable homicide not amounting to murder), they were let off with imprisonment of only two years each, Jabbar claimed.

Justice Ahmadi, who had delivered the Bhopal gas tragedy case verdict in on June 09 1996, said he could not recollect whether a review petition was filed. However, he had earlier stated in a television interview that no review petition was filed.

Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trust that runs a 350-bed superspeciality hospital. The trust was set up by Union Carbide.

A total of Rs 600 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an SC judge should be its chairman and Ahmadi has been at its helm since retirement.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [Images ] whose role in letting the guilty in the Bhopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent judgment in the case -- 26 years after the event. On the night of 2/3 December, 1984, when deadly gas leaked from the Union Carbide plant in Bhopal, Arjun Singh [ Images ] was chief minister of Madhya Pradesh [ Images ] and Gandhi was the prime minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on India to save the US-based Union Carbide, the parent company, from civil and criminal liability.
As a result, at every little step, the law could not provide justice to the over 15,000 who died due to the gas leak. More than five lakh victims who suffered chronic diseases are struggling and pleading for help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the convicted officials of the Indian arm of Union Carbide to a mere two-year sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish Indian justice system and its spineless political establishment.
The entire Bhopal saga was witnessed from close quarters by Rajkumar Keswani, an outstanding journalist, who had in fact foreseen this catastrophe. His work proves that the tragedy of Bhopal started much before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news): 'Bhopal jwalamukhi ki kagaar par (Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of Bhopal by the Indian and American governments and multinational corporations. He shares his agony in a telephonic interview with rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What was your first reaction on hearing the verdict on June 7?
I had no expectations on that day. The seed of this judgment was sown when a Supreme Court bench headed by then Chief Justice of India, A H Ahmadi, passed a judgment in 1996 that converted section 304 (II) (culpable homicide not amounting to murder) of the Indian penal code to 304-A (causing death by negligence) to try the case. In 1996 we knew the fate of the Bhopal gas case. He diluted the charges filed against Union Carbide. What happened was the culmination of injustice that started with that judgment.
Was there a design behind this?
I can't say how it was done. But surely there was some design. Eventually, after retirement, Justice Ahmadi became the lifetime chairman of the Bhopal Memorial Hospital Trust and Research Centre which has funds worth millions of rupees. Those millions, paid by Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that they have never ever been subject to Indian laws. They have never appeared before an Indian court, nor have they lost anything due to Bhopal or benefited by the June 7 judgment. Our country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring Anderson to this country in the last 25 years.
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide India?   
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the Bhopal factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)
People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like Bhopal. Their reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations in Jansatta before the 1984 gas leak.
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant had problems before the leak in 1984. There is enough proof. Second, UCC, USA said they were not involved in the day to day running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would be too expensive and too difficult to acquire. How can UCC, USA escape their responsibility when they were advising Bhopal to economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety. Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company, didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of his order but he rejected it. We had sent messages to all the members of Parliament at that time to press for a review of the dilution of charges against the company. There are hundreds of documents that suggest that the parent company was involved in the running of the Bhopal company and they were aware of the problems in the plant. I submitted all of it in a US court too.
In 1982, I had documents to prove that safety measures in the plant were faulty. I managed to raise the Union Carbide plant issue in the MP assembly. The government denied any such threat, it is on record. The government denied my report and said there is a fool-proof system in the factory and there is nothing to worry about. The government said all these things in defence of Union Carbide in December 1982! I wrote to the Chief Justice of India in 1982 to intervene in the Bhopal factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the Government of India and the government of Madhya Pradesh. If you find out how the settlement of 1989 was reached, you will know what I am saying is correct. The settlement was done with the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and the Government of India agreed to drop all civil and criminal cases against Union Carbide, which was later challenged in the court. Who did this? It was Rajiv Gandhi who made this settlement possible. It was the ultimate shame that the Government of India accepted money for the victims to quash criminal proceedings against UCC.
I challenged it in the court with the help of Indira Jaising, my lawyer. Only after that petition was the criminal case revived in June 1989. Anyone can understand what the role of the Government of India has been in helping victims.   
It's very intriguing to see that after the Bhopal tragedy innumerable NGOs, from stalwarts like Indira Jaising to hundreds of local community leaders, fought for the victims but nothing came out of it. Why such a total failure?
This is a very serious question. I am also worried about it. I don't know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All over the world the victims have sympathisers. Still justice was not done. Why?
These are voices only. In society today only a loud bang is heard. That can be done by the television media. If the people would have reacted in a similar manner in 1996 to Justice Ahmadi's decision, the Bhopal verdict would have been different.
How do you look at the Bhopal judgment?
I think the judge in his wisdom has not spoken much on (UC India chairman) Keshub Mahindra's role. We have a grouse against it. It should be challenged. The Indian managers were equally responsible.
In Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of Bhopal?
There is Union Carbide Company who compromised safety for profit. There was the Indian government who could not withstand the might of the multinationals. The cause of the tragedy was Union Carbide, but the injustice was due to the slow process of the judiciary and the Central Bureau of Investigation. The investigating agency became a partner in crime.
Who helped Anderson? Who executed the operation to get him out of India on December 7, 1984?
The American government and the US embassy put pressure on the Indian government. They put pressure on the Prime Minister's Office. Rajiv Gandhi, reportedly, asked Arun Singh to ensure Anderson's release. Chief Minister Arjun Singh didn't convey to New Delhi [ Images ] the popular sentiments on the ground in Bhopal.
We reported these things then. We have no recordings of it now but we reported though our sources.
You are fighting since 26 years but now you see all around that people are reacting sensitively. There is a feeling of anguish and frustration. How do you see the new-found interest in the Bhopal case?
This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TV. They make us cry and they make us laugh. It is good, and even bad sometimes. In the case of Bhopal tragedy it is good that TV is shaking our memories.

Police released Anderson after 'deleting' stringent charge

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).

They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against them under Section 304, they said.

The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.

MP CM seeks explanation from Arjun Singh on how Anderson fled

New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on Friday said that his government will go to any extent to get justice for Bhopal gas victims and demanded an explanation from then Chief Minister Arjun Singh on how former Union Carbide CEO Warren Anderson fled the country.

"We will go to any extent to get justice for the victims...This is not an issue of Bhopal or the state. It should act as an example of how to give punishment in such cases," he told reporters here.

Noting that the people of the state felt "let down" following the gas tragedy verdict, Chouhan said he has written to Arjun Singh and asked for a reply on the circumstances that led to Anderson's escape.

"Let Arjun Singh explain it. Whether he did it (gave permission for providing state aircraft) himself or anybody told him to do so. We want a reply from him if a wrong direction was given. And after all, why such a direction was given.

"There are lot many questions like why the CBI filed no appeal when the charges in the case were diluted in 1997. If he gives a statement, things would be clear. The state and the country want to know these circumstances," he said.

Chouhan said a five-member team of legal experts has been set up by the state government to look into the issue and examine what could be done legally to get Bhopal gas victims justice. The interim report of the team would be out in the next ten days, he said.

Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion.

"Somebody is saying the Centre is responsible while somebody else says the issues comes under the state. Different people are speaking in different voices...One wants to protect somebody while the other wants to trap someone else.

"This is leading to confusion... Arjun Singh should speak the truth. What other Congress leaders are speaking is only bringing out the contradictions within the Congress party," he said.

He said that his government is open to all options and will decide after the committee report on whether to constitute a probe commission go into the lapses or take up the issue with US courts.


CBI failed to act on warrant against Anderson last year

Bhopal: The trial court in the Bhopal gas tragedy case had issued an arrest warrant against former Union Carbide CEO Warren Anderson last year but the CBI had failed to give any written response to it, according to court sources.

They said the warrant, the second against Anderson, was issued by Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the CBI did not give any written response to it.

Anderson was the chairman of the Union Carbide Corporation (UCC) at the time of the disaster in December 1984 which left over 15,000 people dead.

Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency, Anderson's case had been closed.

The first court warrant against Anderson was issued in 1992.

Direction to release Anderson must have come from CM: Ex HS

New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday said that the then Chief Minister Arjun Singh may have given directions to officials to release former Union Carbide chief Warren Anderson.

Sharma, who was the Home Secretary when the Bhopal gas tragedy took place, said the pressure to release Anderson must have come from the Chief Minister as "no officer would take such a step without direct instructions from the government".

"Right from the beginning there had been some soft approach towards the whole thing otherwise he (Anderson) would have not been kept in a guest house when he was in custody. Releasing an accused of such a heinous crime on the same day means there was a tremendous pressure," he said.

"...It is difficult to say from where this pressure came but certainly the pressure from Chief Minister on officials must have been there because no officer would take such a step without direct instructions from government."

Sharma claimed despite being the Home Secretary he was not kept in the loop and "not informed about Anderson's release."

To a question whether there was pressure on Arjun Singh, he said: "This is not known to me whether there was some pressure on Arjun Singh or not...I did not discuss with Chief Minister Arjun Singh. I really do not know.

"But he certainly gave (some) instructions because the Collector had said the Chief Secretary told him. The Chief Secretary should not have told him. The Chief Secretary should not have passed on these instructions without very strong instructions from the Chief Minister," he said.

He also questioned the Government's decision to keep Anderson in a guest house after his arrest and termed the grant of bail to him as illegal.

"It is certainly unusual. Although in a few cases it does happen but it is when the offence is not heinous and the person is respectable. But so far as this case is concerned, 15,000 persons have died and keeping accused in rest house was certainly, I would say, very unfortunate and shouldn't have been done," Sharma said.

"When the case, which was registered under Section 304 which is a non-bailable cognisable offence in which the bail can only be granted by Sessions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal," the former bureaucrat said.

"In a high profile case, in which so many persons died and somebody who had come from the US has been arrested and if he has been released same day on bail, not informing me or not keeping me in the loop, not consulting me was certainly not normal. In such cases the Home Secretary is always consulted."

Sharma said the then Bhopal Superintendent of Police had informed him about Anderson's arrest and he was not aware that he was released on bail.

"Whether there was pressure or not, I am not aware because till his release I was not in the loop. I was not consulted at all. So I have absolutely no information whether there was pressure to release," Sharma said.

Congress denies Rajiv had a role in Anderson escape

New Delhi: The Congress party on Friday strongly rejected a former prime ministerial aide P.C. Alexander's indication that the then prime minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union Carbide Corp in 1984, escape from the country within days of Bhopal gas tragedy.

Alexander reportedly stated that Gandhi and then Madhya Pradesh chief minister Arjun Singh were directly in touch with each other over the escape of Anderson from the country barely days after the world's biggest industrial disaster in Bhopal Dec 2-3, 1984.

Congress spokesperson Jayanti Natarajan said there "is nothing unusual" in a prime minister and a chief minister being in constant touch with each other.

She said the Group of Ministers for Bhopal gas tragedy would "gather all information and put it before the people".

Saving Democracy From The Corporate Veil
By Gopal Krishna
Five things the US should do to quell the global outrage after the recent verdict in the Bhopal gas leak case and provide some justice to the victims
The labour pains for giving birth to an understanding of a trans-national corporation, the scope of its civil and criminal liability, its corporate veil and the chemical disaster of Bhopal is still far from over. By now it is clear that unless US government decides to act no one else can get to the bottom of the most complex industrial catastrophe known to mankind in the 20th century. Without the helpful intervention by the US President Barack Obama, the litigation process will never be able to provide justice to the victims and penalise the natural and artificial culprits.
As democracies, like Indian government, is it time for US government too to act as parens patriae (guardian) for the past, present and future victims of Bhopal in particular and for justice seeking people of the world. The parens patriae doctrine which was deemed as a pioneering innovation in jurisprudence was invoked for the protection of all victims of disaster but was sabotaged.
While government of India enacted itself as parens patriae, Dow Chemicals Company (after Union Carbide's merger in 2001) and its agent in the government have enacted for themselves a similar role for the global community of the trans-national corporations against justice seeking victims.
The global outrage against such sabotage stage-managed under the guidance of US government that has become evident in the aftermath of the June 7 verdict merits President Obama's intervention to set matters right. Taking recourse to judicial escapism instead of acting to evolve a jurisprudence of liability for corporations gravely endangers people's trust in democracy everywhere.
The deafening silence of the US president and legislature to ensure justice to the victims of corporation engineered mass disaster if not broken would constitute "yet another instance of American imperialism" in the words of US Judge Keenan who heard the Bhopal case in New York district court.
Unaccountable and ungovernable corporations are a threat to all the democracies. If democracy in US and India is indeed non-negotiable, it merits global efforts to Dow Chemicals and Warren Anderson accountable. This is required to fix the liability of a trans-national corporation. In a historic and touching "extraordinary act a foreign sovereign government seeking justice in an American court", India had appealed to the democratic judicial system of US for relief in the matter of industrial disaster of Bhopal caused by a US multinational corporation. How democratic governments of US and India respond to provide legal remedy sets a precedent that either legitimises or delegitamises its very existence.
The government of India filed a suit on September 5, 1986 for damages in the court of district judge, Bhopal (Regular Civil Suit N. 113/86) against the US company, Union Carbide Corporation, Connecticut, USA on behalf of all the persons, who have suffered damages due to Bhopal gas leak disaster praying for "a decree for punitive damages in an amount sufficient to deter the defendant Union Carbide and other multinational corporations involved in similar business activities from willful, malicious and wanton disregard of the rights and safety of citizens of India." The Indian government noted in its reply in the court that Union Carbide's management policies, states that "it is the general policy of the corporation to secure and maintain effective management control of an affiliate."
If the US is indeed a democratic state, its constitution is still alive then it must make corporations like Dow Chemicals and British Petroleum liable and accountable for their acts of omission and commission. The following steps are required in US towards that end:
1. The US government should accept the above submission of the government of India that "the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit". Consequently, an illegal act by it be deemed as the act of the corporation, without consideration to its location of responsibility. The customary alibi of corporations like Dow Chemicals is an act in sophistry designed to conceal fact of crime and criminals of the upper-world. The US government should disclose all the trade secrets of the Union Carbide Corporation and its research and development centre that Union Carbide operated in Bhopal since 1976 that was suspected to be experimenting with wartime use of chemicals. This suspicion regarding the disaster being a consequence of experimenting with war time chemicals is yet to be probed. US government should undertake and facilitate such probe.
2. The US government must take note of the verdict by the chief judicial magistrate, Bhopal, wherein it is stated, "Warren Anderson, UCC USA and UCC Kowlnn Hong Kong are still absconding and therefore, every part of this case (criminal file) is kept intact along with the exhibited and un-exhibited documents and the property related to this case, in safe custody, till their appearance". In the interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Anderson at the earliest.
3. Dow Chemicals Company has set aside $2.2 billion to address future asbestos-related liabilities arising out of the Union Carbide acquisition. How is that Dow Chemicals can take the asbestos liability of Union Carbide and not the liability for the industrial catastrophe in Bhopal? The US government should volunteer its assistance in ascertaining the Bhopal disaster's inherited liability of Dow Chemicals Company.
4. The US government should promote acceptance of the resolution of UN Sub-Commission on the Promotion and Protection of Human Rights that approved the 'UN norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights' as a step towards ensuring corporate accountability. Article 18 of the norms called on trans-national corporations and other business enterprises to make reparations for damage done through their failure to meet the standards spelled out: "Transnational corporations and other business enterprises shall provide prompt, effective and adequate reparation to those persons, entities and communities that have been adversely affected by failures to comply with these norms through, inter alia, reparations, restitution, compensation and rehabilitation for any damage done or property taken. In connection with determining damages, in regard to criminal sanctions, and in all other respects, these norms shall be applied by national courts and/or international tribunals, pursuant to national and international law."
5. In memory of victims of Bhopal, the US and Indian governments should call for a mandatory regime for regulating trans-national corporations unlike UN's voluntary global compact and reject the report of the United Nations Secretary-General's Special Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self compliance by the companies saying, "While corporations may be considered organs of society, they are specialised economic organs, not democratic public interest institutions.
If there is one lesson that democracies across the world have clearly not learnt from industrial disasters, it is to ascertain the nature of all the genocidal acts of corporations and the very legal design of the corporation so as to make it genuinely governable by democratic legislatures. A befitting tribute to victims of Bhopal lies in learning this lesson in order to prevent future industrial warfare that irreparably undermines intergenerational equity.

INDIA: Obama administration official supports corporate interests over victims of world's worst industrial disaster

Deputy National Security Advisor Froman reveals administration’s double standards on corporate accountability for victims of Bhopal Gas Disaster

At a time when the world is focused on corporate accountability in the wake of the BP's Gulf Oil Spill, a leaked email from the Obama administration shows that it values profit over people, when the profit benefits American corporations. The victims of the world’s worst industrial disaster were disappointed to see today that the White House is not pursuing the same levels of accountability from American Dow Chemical as it has from BP. When Dow purchased Union Carbide in 2001, the corporation acquired outstanding liability for the ongoing disaster in Bhopal, which has led to the deaths of an estimated 25,000 people in Bhopal, India following the 1984 Gas Disaster.

Today, Mumbai-based Times Now published an email chain between White House Deputy National Security Advisor Michael Froman, and Indian Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia. In response to an Ahluwalia’s email requesting assistance as India faces a sharp restriction in the World Bank’s lending, Froman replied:

"We are aware of this issue and we will look into it. We are hearing a lot of noise about the Dow Chemical issue. I trust that you are monitoring it carefully. I am not familiar with all the details, but I think we want to avoid developments which put a chilling effect on our investment relationship."

Here Obama’s Deputy NSA apparently tied potential development aid to India with Dow Chemical’s liability in Bhopal. The White House denies any linkage between the IBRD lending and Dow’s ongoing lack of responsibility. Forman’s statement shows callous disregard for ongoing injustice and lack of accountability 26 years after the disaster. The survivor organizations in India, 5 of which have been protesting in Delhi this past month, have faced infringements on their basic rights, especially through discriminatory police abuse. A threatening statement from the Obama office could further repressive action from Indian Central Government of India.

Following months of safety cuts, on Dec 3, 1984 the Union Carbide pesticide plant in Bhopal leaked deadly gas containing Methyl isocyanate (MIC) over the city ofBhopal. In the immediate aftermath 8-12,000 people died. Currently the death toll has risen to approximately 25,000 people. Over 100,000 people are still too sick to work because of long-term health disability.

The Indian Government has been forced to address the Bhopal issue in the recent months following a June 7 verdict convicting the officials of Union Carbide's former Indian subsidiary on charges of criminal negligence. The charges and sentence, equivalent to a traffic violation, enraged the Indian public, as did the fact the Union Carbide and its former CEO Warren Anderson have refused to appear in court to face charges of culpable homicide. Bhopal survivors say that Dow Chemical should not be allowed to continue doing business in India until its subsidiary appears in court and cleans up the site of the disaster.

The International Campaign for Justice for Bhopal (ICJB) is a coalition led by four survivor organizations along with environmental, social justice, progressive Indian, and human rights groups around the world. ICJB works to hold the Indian Government and Dow Chemical Corporation (the current owner of Union Carbide) accountable for the ongoing chemical disaster in Bhopal, India. It was set up to address the grave injustices suffered by the half million Bhopal Gas Disaster survivors. 
Bhopal and the BP Oil Spill: A Tale of Two Disasters
By Madhur Singh

As BP struggles to contain the damage the Deepwater Horizon oil spill has caused to the Gulf of Mexico and to the people whose livelihoods depend on its waters, a legal judgment in the worst industrial catastrophe in history highlights how wrong the aftermath of such disasters can go — not just in terms of a cleanup but in the matter of justice. It is a terrifying lesson in how a corporation can evade full responsibility for one of the most heinous accidents in human history.
On Monday, more than 25 years after 40 tons of highly toxic methyl isocyanate (MIC) was released from a Union Carbide plant in the central Indian city of Bhopal — killing thousands in a matter of hours and over years, rendering hundreds of thousands seriously ill and causing genetic defects in yet-to-be-born generations — a local court announced its verdict. It held eight former employees of Union Carbide India Ltd guilty of criminal negligence and sentenced seven of them to two years in prison and a fine of $2,100. (The eighth defendant died during the course of the 23-year trial.) The convicted former employees were out on bail — of just $500 each — in less than two hours. Union Carbide India, which no longer exists, was fined less than $11,000. (See the legacy of the Bhopal disaster.)
The judgments are likely to be appealed. Given the speed of the wheels of justice in India, the case is likely to outlast most of the Bhopal survivors and the accused. The most prominent name in the latter category is Warren Anderson, the American CEO of Union Carbide, the U.S. parent company. He is now 89 years old. Arrested by Indian police when he visited the disaster site, he was released on bail and flew out of the country. He continues to be a fugitive from Indian law and hence has not been tried. (He is believed to be living somewhere in New York state.) At the same time, no one has been assigned responsibility for cleaning upBhopal's ground zero, which researchers and activists say continues to leach toxic chemicals into the groundwater, used by thousands of families. (See TIME's 1984 cover story on the Bhopal disaster.)
The outcome of the case has ignited outrage and disbelief across India. No less than the Law Minister and a former Chief Justice have said justice has been delayed and denied. The Economic Times newspaper led its front page with the headline "After 25 Years, Another Tragedy Strikes Bhopal." "We are used to being let down," says Rachna Dhingra of the Bhopal Group for Information and Action, her voice catching as she spoke to TIME by phone, "by our government ... now even the judiciary."
The letdowns have been serious and repeated — and apparently preordained because of decisions that facilitated the disaster itself. Investigations over the years have shown that the Bhopal plant design was faulty and that there was next to no emergency preparedness — issues that the parent company in the U.S.apparently knew about, according to the groups that conducted the studies. The company was operating in India with standards unacceptable in the U.S. (See pictures of the Gulf oil spill.)
The Indian government seemed to go out of its way to cushion the experience for Union Carbide. After first suing the company for $3.3 billion in 1985, New Delhiannounced an out-of-court settlement of $470 million in February 1989. Then a 1996 ruling by another Supreme Court judge watered down the charges against the accused from culpable homicide (with maximum punishment of 10 years' jail term) to criminal negligence (maximum sentence two years).
The various governments that have ruled India in the meantime have not taken on Union Carbide, which is now owned by Dow Chemical. Meanwhile, Keshub Mahindra, chairman of Union Carbide India Ltd at the time of the Bhopal disaster and now chairman of India's automobile giant Mahindra & Mahindra, was nominated for a civilian honor, the Padma Bhushan, in 2002. He had to decline in the face of widespread protests.
Although environmental legislation was ramped up in the wake of the Bhopal disaster, companies continue to operate in India in ways that severely — if not as dramatically — pollute the environment and impact people's health and livelihoods. Britain-based mining major Vedanta, for instance, has faced censure from Amnesty International for violating the human rights of communities in Orissa, where it operates bauxite mines. India continues to be the world's e-waste dump. Of late, the government, keen to attract foreign investment to its nascent nuclear energy market, has been pushing a bill to limit the liability of a nuclear-plant operator to $111 million. "We've learned nothing from Bhopal," says Supreme Court lawyer Prashant Bhushan. "There is a drive to attract foreign investment overwhelming all other considerations." Opposition parties have already demanded a rethink of the proposed legislation in the face of the Bhopal outcome. (See pictures of people protesting BP.)
There is still outrage that the U.S. refuses to extradite Warren Anderson to face criminal charges in India. New Delhi made the request in 2003, and it was refused the year after. U.S. Assistant Secretary of State for South Asia Robert Blake, reacting to Monday's Bhopal verdict, said, "I don't expect this verdict to reopen any new inquiries or anything like that. On the contrary, we hope that this is going to help to bring closure." The Bhopal activists now plan to file a writ petition in the higher court to admit more charges against Union Carbide and Anderson, seeking an as-yet-unspecified figure for personal and property damages, health monitoring and cleanup of the site, which is likely to run into billions of dollars.
Indians point at the way the U.S. government is now confronting BP — holding it squarely responsible for the oil spill and accountable for all cleanup costs — as a stark contrast to the way their own government has dealt with Union Carbide. The hope in India is that U.S. courts will be more amenable to the requests of Bhopal's victims now that America has a huge environmental disaster in its own backyard. The Bhopal activists say the Indian government must join the case in the U.S. as a plaintiff (indeed, it owns the land on which the Union Carbide factory was located). "Prime Minister Manmohan Singh should be inspired by President Obama's recent commitment toward making BP pay every cent for its oil spill," says Satinath Sarangi of the Bhopal Group for Information and Action. "And the U.S. government must follow the same standards on corporate liability for U.S. corporations operating in India as it expects for corporations operating in the U.S."
See the world's top 10 environmental disasters.
See pictures of critters caught in the Gulf oil spill.

BP and Union Carbide:
Corporate Responsibility or Corporate Liability
by Mukesh Williams

Two momentous events separate in time and location have seared our consciousness—the British (Beyond) Petroleum Gulf Coast oil spill on April 20, 2010 and the American Union Carbide Bhopal Gas Tragedy in December 3, 1984. Twenty five years separate these two environmental and human disasters but the greed of big multinational corporations in connivance with state and central agencies still remains insatiable. With a keen eye on profit, big companies compromise safety standards, falsify data, overstate their strength, underestimate their drawbacks, bribe officials, lobby for protection and misinform the public. It is rather difficult to fuse ethical economic standards with ravenous profit-making schemes. Though oil and gas stink most multinational corporations love it.

The neo-classical model of economics has reduced our land and environment to a mere abstraction that can be exploited in terms of supply and demand without compunction. Big companies continue to wreck havoc on our human and natural systems devastating our lives in the name of human progress and development. At such moments we often wonder where is the fashionable concept called social corporate responsibility that is often taught as a philanthropic and ethical tool in business management departments to unsuspecting students. Corporate greed like all other forms of human greed need to be kept under strict check by international pay czars or up-to-date legislation based on global standards with teeth for swift punishment. Also the rhetoric of corporate companies must be separated from what they actually do, how long they do what they do, and what they hide. A constant monitoring system both on the part of governments and private groups must be effectively installed in collaboration with the media to thwart their nefarious activities and ulterior motives.

Union Carbide Bhopal Gas Tragedy 1984

Early this month the Indian Supreme Court passed a verdict indicting the American CEO of Union Carbide Warren Anderson who was allowed to escape to the United States twenty five years ago possibly with the connivance of either the state or central agencies in India. Now both the Congress government and state ministries are trying to escape their involvement in the murky plot. Who wanted the truth then? And who wants the truth now? The declassified CIA report of December 8, 1984 and recent revelations by the principal secretary of Rajiv Gandhi, P. C. Alexander, point to political intrigue involving both state and center in releasing Anderson. Now some leaders claim that the worsening law and order situation in Bhopal in the wake of the accident forced Chief Minister Arjun Singh to provide a safe corridor to Anderson out of the country. Some like Rajinder Puri even see the direct hand of Rajeev Gandhi himself. It seems that US President Ronald Reagan phoned Rajeev Gandhi to release Anderson. The media would like us to believe that even P. Chidambaram and Kamal Nath were campaigning for Dow Chemical to get special concessions so it could invest in India. The chief minister of Gujarat Narendra Modi criticized Sonia Gandhi for the complicity of the Congress Party in the murky affair but it has come to light that he had signed an MOU between state public sector company Gujarat Alkalies and Chemicals Ltd and Dow Chemicals in April 2008. This is the case of the pot calling the kettle black.

Seemingly neither the American nor the Indian establishments saw the industrial disaster as the responsibility of the MNC Union Carbide. The company was bought by Dow Chemical Company in 1999 further camouflaging accountability. Dow Chemical was the second biggest Texas polluting company in 2009 and paid 1.14 million USD on eight counts of pollution. Now it is investing again in India with the syrupy connivance of people in power.

Even after 25 years the public would like to know if it was Arjun Singh the chief minister of Madhya Pradesh or influential persons in Rajiv Gandhi’s government at the center or the prime minister himself responsible for giving a free passage to Anderson to fly back to the U.S. India has an extradition treaty with the United States and under changed circumstances today when America itself is suffering from another MNC BP, there might be possibility of bringing the fugitive CEO back to justice if India can put together enough evidence. Greenpeace believes that in the 1982 safety audit of the Bhopal factory in the US addressed thirty safety hazards. Anderson knew about them and compromised safety standards causing the death of 20,000 people and affecting 578,000 to date. To make the tragedy reprehensible the out of court settlement made Union Carbide pay a sum of 470 million USD instead of 3.5 billion initially demanded, with each victim getting a measly sum of 550 USD in 1989. In the same year Exxon oil spill in Prince William Sound Alaska forced the company to pay 5 billion USD of which it paid half. Even today there is 425 tons of hazardous waste in Bhopal left by Union Carbide that needs to be cleaned. Who will do it—Dow Chemical or the Indian state government?

Anderson now 90 years lives in a luxury home worth 900,000 USD at 929 Ocean Road, Bridgehampton, Long Island, New York. He is now less of a fugitive and more of a monarch (Sonnenfeld, 1991). It is obvious that in many cases justice delayed is justice denied. Should we stop big companies from doing business? Should we impose heavy penalty on erring foreign companies? Or should we reform the slow and cumbrous judicial system? Jeremy Kahn writing in The Faster Times calls for judicial reform rather than protectionism (Kahn, 2010). The Indian Parliament is debating a law capping liability for foreign nuclear power companies involved in disasters to pay 100 million USD a pittance when compared to the US demand of 100 billion USD from BP. Then Indian law capping liability lacks teeth and may not cover non-nuclear companies. So they can pollute as of before.

British or Beyond Petroleum 

The British are desperate to save BP from going down by bringing silly arguments like BP has been a part of America since it merged with American energy Amoco in 1998 and acquired the Gulf of Mexico drilling rights (The Independent, “Cameron Warns Obama over Criticizing BP” 13 June 2010). The new British Prime Minister David Cameron has also chipped in underscoring the sustained “economic importance” of BP to both Britain and America. American President Barrack Obama however is needled by US senators, whose states have been ravaged by oil spills, to push for 100 billion USD compensation, which if realized would force BP to go bankrupt. The British media believes that Obama’s anti-British rhetoric is testing Anglo-American relations. Obama claims that American relation with Britain has not been affected. The environmental disaster caused by a British multinational company should have nothing to do with national identity but corporate liability. Obama has called BP the Swedish Chairman Carl-Henric Svanberg, who earns a fat cat salary of 3.8 million USD, to the White House for consultations.

The British are cut up with Obama’s off the cuff remark that he would have fired BP’s chief executive Tony Hayward if the latter had worked for him. With US pressure rising BP may not pay its quarterly dividends which are essential to maintain equilibrium for UK pension funds. The 6.7% shares lunge in the FTSE has adversely affected pension funds in the UK. If the status quo is not altered by American pressure groups BP might only have to pay 20 to 37 billion USD provided it can be proved that BP failed to meet safety regulations in the deep sea oil drilling.

Now BP is using two kinds of dispersants manufactured by Nalco—Corexit 9500 and Corexit EC 9527A. Corexit (deodorized kerosene) is banned in the United Kingdom as even 2.61 ppm can kill 50% of fish in 96 hours. The dispersants turn the oil slick into small particulates which settle on the sea bed and make things look clean on the surface, but they destroy marine life below. Corexit however is on the approved list of dispersants by the US Environmental Protection Agency though the EPA has advised BP to use less toxic dispersants. BP however refused citing lack of availability. The toxicity of the present dispersants increase when they get mixed with oil. BP has links with Nalco. BPs has poured 1,621,000 gallons of dispersants in the Gulf of Mexico to contain the oil spill and has ordered for an additional 805,000 gallons. The ill effects of the dispersant on humans can result in various diseases, reduced growth, kidney failure and death.

The British rely on BP as the national icon and savior of British deficit. Last year BP paid 1.4 billion dollars in taxes on its profits. The oil spill in the Gulf of Mexico is too far away for the ordinary Britons but the pension funds and BP dividends are closer home.

It stands to logic that a “large, wealthy company” which is eager to pay 1.8 billion quarterly dividends to its shareholders and whose last year’s sales and operating revenues were 239 billion USD, should pay 100 billion USD in damages. Since the oil spill began on April 22, 2010 till June 15, 2010, 55 days have gone by. And if we estimate the oil spill at 50,000 barrels a day it comes to 27500000 gallons. If each gallon spill is fined 4300 USD as the US is suggesting the actual fine would come to 118,250,000,000 that is about 118 billion USD. These figures may not be exact and are vigorously contested by BP which would like to work with half the numbers. However the end is not in sight. According to BP officials it would not be before August that the spill can be contained. If this is true then the figure could be doubled and BP would have to pay damages amounting to all the revenue it earned through sales last year.

Both the American government and public are hopeful that since earlier erring companies like Texaco was forced into bankruptcy in 1987 after paying 10.53 billion USD claim, BP too would have to cough up huge sums. And BP’s reputation does not help a wee bit whatever they claim to the contrary in those daily briefings on the Internet. BP is known as one of the “ten worst corporations” in the world when evaluated on their environmental pollution and infringement of their human rights record. It also has the dubious distinction of being the most polluting company in the United States vis-à-vis EPA toxic release data of 1991. It has been fined 1.7 million USD for burning polluted gases at its Ohio refinery. It also paid 10 million USD fine to the EPA in July 2000 for mismanaging the US oil refineries. The US Public Interest Research Group or PIRG claims that between Jan 1997 and March 1998, BP was involved in 104 oil spills. Obviously a lot of wealthy shareholders, 37% on the British and 31 % on the American side do not want this to happen.

BP’s propaganda regarding its CSR is highly effective as it tries to highlight only the positive aspects of what it has done. In the past BP has invested some money in alternate fuel and green technologies but it has been criticized for proving private funds to public universities of the California Bay Area and closing down its green technology office in London. Its critics call its green technology projects as green washing projects. BP is also a leading producer of solar panels and holds 20% of the global market in this area and it uses this fact to great advantage for image building. It operates the ampm convenience store chain in the US and other countries and is the leading producer of wind power. It is also involved in funding local and international politics. It gave 5 million USD to democrats and republicans in 1990 and spent 16 million USD in lobbing at the US Congress. The moral of the story is that it is not as clean as it claims, nor concerned with the lives of common people unless it serves its purpose or national interest.

BP in its regional spill plan for the Gulf of Mexico and site plan for the Deepwater Horizon rig understated the dangers and overstated its preparedness in the eventuality of a leak. Louisiana governor Bobby Jindal criticized BP for being ‘reactive’ and not ‘proactive’ from the very beginning. Now BP’s report is examined quite critically and it has been discovered that an expert professor listed in its 2009 response plan died in 2005. It lists walruses, sea otters, sea lions and seals as “sensitive biological resources” when none inhabit the Gulf of Mexico. Also names and phone numbers of marine specialists and marine network officers in Louisiana and Florida are not correct. The Justice Department has to find evidence that BP destroyed key documents or lied to the government (The Daily Yomiuri, June 11, 2010).

Corporate Social Responsibility

Corporate social responsibility is one of the modern movements like environmental or tribal movements that have become the buzz word in both business and academic circles. Both businessmen and academics are cashing upon the divine benefits of CSR making more money for their companies and jobs for their departments. Middle level managers and professors have extolled about the virtues of CSR with other buzz words such as people friendly, eco friendly and sustainable. We have come to hear about the unselfishly egalitarian aspects of CSR. It is really a wondrous transformation of the greed-driven capitalist economy of which the corporate system is a byproduct.

Most critics of CSR are not against it per se but against the recent hype associated with it as a panacea of all corporate evils. It is hard to believe that companies are out there not to make profit. We are not talking of basket cases but any company worth its salt aggressively markets itself to make real profit. And what’s wrong in it. Companies are floated for this very purpose both by the shareholders and managers. But in a changed climate of political advocacy of human rights against corporate greed, CSR seems to a new combative tool for companies to be both politically correct and make money as usual. The problem however is that if business corporations give an inch they take a mile.


Definitions and Objections to CSR

In the United States CSR is seen as philanthropy while others see it as improving society, workforce and government. There are arguments in favor of CSR where it is believed that it can support the social fabric of society and promote responsible business practices. But CSR is usually presented as a marketing strategy that articulates business performance rather than encompass social and ethical standards. The recent collapse of American business and manufacturing sectors has revealed the gap between CSR and actual self-regulation. Some CSR models take the company beyond the law into providing public benefits, increase sales, market shares, brand position, retain employees, reduce operating costs and increase investments (Baron, 2001 7-45). There are models of CSR that take into account competitive advantage, positioning, commitment, organizational integration, shareholder’s cooperation and self-correction. CSR helps to create a positive image of a company and brings it rich dividends. Though there are many definitions of CSR we must see CSR as the way business companies conduct their core business not the sops they give to society.

A common objection leveled against CSR comes from the advocates of the laissez faire system who complain that CSR infringes upon the human rights of company shareholders as company managers unilaterally divert company resources to society in the name of better management (Sternberg, 1999). Detractors of CSR complain that there should be a stakeholder claim in CSR as to how it is done. A business corporation should be fair and honest to both the shareholders and customers. CSR therefore depends on the model a company chooses and the reasons for its choice. If a company uses CSR for image building through philanthropy it leads to both ethical and human rights problems. You cannot give away money which ultimately belongs to someone else. On the flipside it also follows that if stakeholders possess sole rights they also should bear full responsibility when there are environmental or social disasters. However if a CSR model seeks a consensus of both stakeholders and company managers then it must become more open to the public. CSR must concentrate upon building customer relationships, attracting talented people, conducting risk management and building the company’s reputation.

Corporate Reputation and CSR

Corporate business companies such as BP or Coca Cola cannot ignore their reputation as about 90 to 95 percent of their assets are intangibles and the remainder immovable property. Big companies such as General Electric, IBM or Motorola use the rhetoric of CSR to show public responsibility and environmental concerns but while conducting hard-nosed bullying business practices are not so transparent in their dealings. A few years ago Sir John Browne of BP was praised for his aggressive promotion of BP while providing environmental leadership but now we come to know that all along BP compromised on safety costs in oil drilling. This is happening in a powerful country like the United States where both politics and laws are strong. Had it happened in a developing or a poor country, things would have been quite different. BP would have gotten away cheaply and Union Carbide once did.

CSR invariably works for companies and countries with resources and political clout. It is not for companies which are small and weak. Small companies fight for survival, cut costs to make ends meet and do not possess precious resources to waste on CSR. Nor can they follow up on legal battles if they come under the scanner. They function in a world of poverty, deprivation and loss.

Conclusion

It is no longer tenable to follow neo-classical economics of Smith, Mill and Bacon that the world is made for us and for us alone. We must eschew the economic theories of Pareto and Hayek as we can no longer treat nature as a mere variable and commodity. Depreciation of ecological assets has taken place at an increasing fast rate. Economics should no longer be about inflation, economic value of goods or maximization of income. It should take into account our natural world as property that belongs to every one of us (McNeill, Padua, Rangarajan, 2010 1-3). We must learn new lessons from ecological economics and environmental history and change the way we do business. We must rein in corporate greed by modifying corporate social responsibility (CSR) to corporate legal liability (CLL) and connect it to governmental deterrence, legal action and international treaties to scare the hell out of the merchants of greed and death who have many supporters in different parts of the world.

America's Corrupt Legal System - A Danger to All
by Dr Les Sachs
The tragic reality of the world's biggest corrupt legal system -America's rigged courts, bribed judges, fake and phony trials, extortion by lawyers, and over 2 million prisoners in the USA gulag. Why USA "justice" is not like in Hollywood movies, and why YOU could be the next victim on USA territory - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers. Why YOU can be tortured, have your freedom and rights taken away, and why people in America are afraid to help you, or even tell what happened to you. The recent pattern of American violations of international law are ultimately based in the corruption of the USA domestic legal system. Phony USA courts are very dangerous even for travellers and visitors to America, who can easily wind up among the USA's more than 2 million prisoners, or lose all their family's possessions to corrupt American lawyers. All world citizens should know how the corrupt USA legal system, is a danger to every traveller, visitor, and guest worker from overseas, and to every individual who takes the risky step of entering upon American territory. Just ask the overseas families of prisoners who were put to death inside the USA, with their embassies never even being informed that they were arrested - or the many foreign people serving hugely long prison terms in America, after they were jailed on flimsy tainted "evidence" from criminal snitches. The reality is that the United States of America, which proclaims itself the "land of freedom", has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket. The corruption of the USA legal system is well-known, but also well-hidden, by the news services of America's corporate-owned media. The US media companies are afraid both of reprisal, and of the social revolution that would come from exposing the truth. Here is what the US media companies know, but are afraid to tell you about American "justice".
Concentration camps with concrete walls

America has the largest prison gulag in the entire world - yes, right there in the USA, the self-proclaimed "land of freedom". The starting point for understanding anything about the USA, is to digest the fact that just this one country, the United States of America, has twenty-five percent of ALL of the prisoners in the entire world.

More than 2 million prisoners - more than 1 out of every 150 people in America - are behind bars in the American gulag. This is now the world's biggest system of what are effectively concentration camps, though most of these prisoners are behind masonry walls and inside prison buildings.

For minorities, the statistics are even more brutal. For example, the USA is now imprisoning about 1 out of every 36 people in its black population. American "justice" is especially focused on jailing young black males.

Quite amazingly, Americans and the American government, continually criticize the legal systems and so-called "political" legal proceedings in other countries such as China, Russia, and even Belgium among many other places. Yet, for example, the proportion of prisoners is 30 times higher in the USA than in China, even though China is a country regularly criticized and denounced by the USA government.

No one imprisons people as readily, or casually, as does America. As you learn more about America's horrifying legal system, you find out how easily and carelessly America arrests people, and tosses innocent people into prison. It is estimated that America has at least 100,000 completely innocent people in jail, but the statistics of innocence may well run far higher. The number of people known to be innocent, and yet who were actually sentenced to death in recent years in America, is already running into the hundreds.

The USA jailing of more than 2 million people is also, quite literally, a revival of slavery and slave labor, on a scale not seen since the days of the Nazis. USA business corporations are using these prisoners as a giant slave labor pool. Prisoners are forced to produce goods and products while earning mere pennies per hour, which they sometimes have to pay back to the prison for their own upkeep. The expanding system of USA prison slave labor is not only a major source of business profit, but also a wedge to drive down the wages of workers outside the prison walls.

This USA policy, of using mass casual imprisonment as a way to revive slavery, is targeted particularly at minorities, but ends up affecting all working people. Supervised by malicious judges and corrupt lawyers, this culture of mass prisons and slave labor is sold to the citizens by creating a psychology of fear among USA residents. This climate of fear is nourished in the USA by both the media and the government, who work together with the judges and lawyers to maintain the whole crooked game.

Of America's more than 2 million prisoners, about 50,000 are known to be foreign citizens. This proportion might seem small, but remember that 50,000 prisoners is more than the entire prison population of many other countries. It only appears as a small percentage, because of America's obsession with jailing its own people, who have had more time to get caught in America's web of legal horror.

The USA is extremely casual about the jailing of foreigners, and not honouring their rights under international law or treaties and agreements. Often, foreign citizens have been sentenced to death, while the USA didn't even bother to notify the foreign government that their citizens were arrested.  Several other governments are working hard just to try and obtain even the most primitive judicial rights for their own nationals, who have been seized and held in abusive conditions by the USA empire. And yet, the United States of America somehow still brags about its own legal system, while criticizing other countries. Understanding that America has such a huge percentage of even its own people in prison, is to start to understand the subconscious fear behind much of American life. Before you set foot in America, you should have a clear picture of the terror of America's legal system - the judges and lawyers and money and bribery, that have made this system of fear so pervasive. There is not yet enough public media information about America's domestic legal horrors, horrors which have been rapidly increasing. And the American public, even the victims of its legal system, have a hard time realizing why it is so hard to fight legal corruption there. The situation is so bad, that a social explosion is beginning inside America. You can read some news stories - about people murdering judges, or attacking the families of judges, or people setting fire to courthouses in the USA - and see the pattern that is emerging, even though the news media are afraid to connect the dots and suggest what might be behind all these events. America is trying to maintain its myths about its legal system, even while the desperate reality of life inside the USA is starting to blow back into escalating social upheaval.


USA torture and illegal jailing overseas, starts with USA domestic torture and illegal jailing at home

The world press has documented clear violations of human and legal rights by America in its overseas jails, such as the infamous situations in Guantanamo and occupied Iraq and Afghanistan, and the even more secret network of prisons in places like Diego Garcia or on board American ships.

But the problem is much bigger, than America's legal abuses under its military invasions and "war on terrorism". These USA violations of international law, are consistent with the corruption in America's home legal system within its own borders, and have partly evolved from America's legal abuses against its own citizens and residents.

American prisons are often horrible, with lots of torment of prisoners, like you would expect in some petty dictatorship. Conditions are brutal in USA jails; rape and beatings are common, and there is little help for abused inmates. In addition to the many official USA executions, numerous people are also illegally killed in jail cells, "mysteriously" said to have hanged themselves or "found stabbed to death".

Scandals of overseas prison abuse, as in the USA-run Abu Ghraib prison in Iraq, have arisen from sources much deeper than America's foreign policy. These scandals are in part replications of inmate abuse inside of America's domestic prison gulag. Without diminishing the brutality of the crimes committed by Americans in Iraqi prisons, it is also true that such crimes are consistent with the brutality of prisons inside America.

In the regular functioning of the USA courts, America's domestic lawyers and judges, threaten people with illegal jailing, and rape, torture and murder in jail, just like the threats used by Americans against Iraqi subjects of the American occupation. America will play the song about "just a few bad apples in the barrel" whenever an abuse scandal gets exposed, either domestically or abroad, but the cover-up of such abuse is more the routine response.

Theoretically, torture and abuse is totally outlawed by America's Constitution, but some of the nice words in America's Constitution hold little power anymore, despite how often people quote them. The Americans who still believe the Constitution protects them, are mostly those people who haven't yet dealt with the judges and lawyers of America's corrupt legal system.

America's Constitution and Bill of Rights are nearly dead, not just because the judges will no longer enforce them, but even more because America's lawyers will not even fight for them. The two American "political parties" are not fighting for them, either, and America's news media are also very passive. If you look at America in depth, you can see there has been a widespread moral collapse in America's legal and political structures. This means that America's legal system has become largely a tool of government terror, and of bribery for the rich and the powerful. The average person is just fodder for the meat-grinder of America's courts.

America's lies and sleazy arguments to make excuses for torture, or to deny people the rights of the Geneva convention, or holding people for many years without charges, are also just an extension of the deviousness in America's domestic legal system. Inside America, neither its laws nor its Constitution nor the facts nor evidence nor anything else, no longer have real authority inside the American courts.
All that's left is what American lawyers and judges call "the game". As part of playing this game, USA lawyers and judges just twist words around, in order to produce any excuse, however flimsy, to achieve their objective, whether that be to jail an innocent person, or give the verdict that was sought by the big company that paid the big bribe through its law firm.

It is an endlessly devious manipulation of words and phrases to get the desired result, just devious falsehood and lies backed by the naked power of the judges. The only "real" part is the power that the judges and lawyers hold in America, to jail you and take away your property. The words of the law don't protect you in the USA, because American judges and lawyers have no scruples about bending them to mean the opposite of what they say.


America's lawyers are controlled by the judges, and don't really work for you - that's why they sell you out to the government, or to the big companies that pay bribes

There's some very special aspects about the way American lawyers are controlled by American judges, which is central to why America's legal corruption is so much worse than any other advanced nation. Even if you are paying an American lawyer huge amounts of money, he or she doesn't really work for you, and in fact may sell you down the river to the jailhouse.

American lawyers are directly under the thumb of the judges and the government, and must submit to the culture of bribery and perversion of justice, or else face terrifying revenge. Lawyers, just like you, can be instantly jailed by an American judge on flimsy pretexts, and American lawyers can be quickly stripped of their right to practice law, and personally and financially destroyed, if they dare to criticize legal corruption. Lawyers who try to fight the system can find themselves not only dis-barred, but also criminally charged and jailed, and no other lawyer will help them. It is a horribly crooked system in America.

This is different from other advanced countries, where lawyers are usually a professional guild, whose status and right to practice law, is under the control of only their fellow lawyers. This means that, in other countries, the judges and the government cannot easily ruin or attack the lawyers for purely political reasons. This is also part of why, in other developed countries, outside of America, you really do see brave lawyers fighting for un-popular clients, or challenging the government, and asking for justice.

But in America, it's different. Over the past century, the American lawyers lost the right to regulate themselves, and instead fell under the power of the judges. So American lawyers are afraid to do things in court, that the judges don't want them to do. America's army of nearly 1 million lawyers, is almost totally under the control of a few thousand judges, with their entrenched culture of bribery and fraud and miscarriage of justice.

Some USA lawyers don't like this, but they are helpless and can't fight it. Most lawyers in America have, to one degree or another, signed up with the devil, to do things the way the devil wants them done.

That means that any time you hire an American lawyer, he already is in a conflict of interest. He has to make the judge happy first. And if the judge wants to make the government happy, or make somebody else happy who is paying a big bribe, then guess what? You are destroyed. It doesn't matter what you paid the lawyer. He works for the judge, first and foremost. So a totally unique factor in USA legal corruption is the amazingly dishonest profession of American lawyers, these lawyers who "play the game" with America’s judges and politicians and police. It is a savage culture of legal fraud, where lawyers work with judges to rob and terrify people, especially minorities, but also foreigners, and above all those who dare to question the system. People accused of serious crimes have the "right" to a lawyer, but this may mean only a crooked lawyer who is stage-managing the victim to help the government and prosecutors. If the lawyer does not help the government, he can be put out of work and not "assigned" to any more cases, or treated badly the next time he is in a courtroom. This legal fraud is the core of the danger to those who visit America. A lawyer who is "representing" you in the USA, whether the government is paying him, or even if you are paying him yourself, may just be a stooge who is helping the prosecutors to put you in jail, even though you are innocent. The judges of America gave every accused criminal the "right" to a lawyer, not because they cared about the rights of the accused, but because it helps stage-manage the victim, with a lawyer who has to do things the judge's way. In America, such government-appointed lawyers are the means by which hundreds of thousands of poor people are railroaded into prison. Some of these people were just foreign tourists, in the wrong place at the wrong time, and wound up rotting in an American prison. Some lawyers are fairly subtle about it, and their victims never realize the lawyer has sold them out to the judge and the government. Most American court cases never go to trial, never see a jury; it is the job of the victim's lawyer to "sell the deal" that the judge has decided will happen, or else. This is how people accept a "plea bargain" so they accept going to jail for 3 years even though they are innocent, instead of going to trial before a jury. Because of the corruption of lawyers under the thumb of the judges, there's a very fake and phony aspect of court proceedings in America. They are really fake "show trials" in many cases, sometimes very obviously so, where both purported "sides" of lawyers are actually working together for the government, or for the big corporation or rich person that is bribing the judge.

You will also find, in the American legal system, that you essentially have no recourse whatsoever against wrongdoing by your own lawyer. A lawyer can sell you out, betray you, steal your money, engage in malpractice, help out the other side, hide the evidence that proved you were right, or commit felony crime against you, and there is nothing you can do about it, so long as the lawyer made the judge happy, and the judge got his cut of any money the lawyer stole from you.


Innocent and being arrested - they don't like to admit a mistake in America

Yes, lots of people live their whole lives in America and never get arrested. And yet, some poor foreign visitor comes to America for a short holiday, gets arrested by mistake, and gets sentenced to death by lethal injection even though he is totally innocent. Well, that's the lottery of life for those who visit or live in America. The police and prosecutors in America have no concern at all whether they have arrested someone who is innocent. They just don't care. When a crime is committed, they try to arrest somebody, anybody, just to say they got the bad guy. And they never like to admit they made a mistake. Once they arrest you, they will try to make up and plant false evidence, to help try and convict you. A common trick is to take other criminals they know, who are facing jail on other charges, and get those criminals to be false witnesses against you. The cops justify this kind of thing by saying to themselves, "Well, if you didn't commit this crime, you probably committed some other crime we don't know about." If they do arrest you in America, they like to pile on all sorts of criminal charges. The idea is to charge you with 10 crimes, because it makes you sound bad, and maybe convict you on 3 of them or you will accept a plea bargain on 1 or 2 of them. Any kind of guilty plea, and they call it a success, even though you were totally innocent.

For the police and prosecutors, it's all a kind of sporting game, so they can bring about their "high conviction rate". Perhaps part of the reason America has so much crime, even with more than 2 million people in prison, is because the people who actually committed the crimes were never arrested. Also, some poor people may feel that the odds are high they will be arrested someday anyway, so they may as well be criminals and enjoy life in the meantime.

The system is extremely racist, of course, and white people are arrested less than many minorities. But no one is safe. Any innocent person can get railroaded to death in America.


Multi-millionaires and big corporations, vs. everybody else

The only people who really can get expect some fairness in American courts are multi-millionaires and big corporations. Nobody else really matters to American judges and lawyers.

There is a huge amount of bribery in America, perhaps even more than in the courts of any other country in the world. Even some American ex-judges have admitted the near-universality of bribery there. Nearly all bribes are given to the judges by lawyers; this is considered the safe way to bribe a judge. Bribery is rarely spoken about, just understood. Rich people pay huge amounts of money to law firms with connections, the lawyers walk around with a certain amount of cash in their jacket, and they pass it to the judges in their quiet moments together. It is mostly all cash of course. Sometimes the bribery is blatantly obvious, because of the other crimes that lawyers and judges commit in broad daylight together. In the courtrooms you can see the judges being extremely friendly to their rich lawyer friends who pay big bribes.

As an average person, there's no real way to out-bribe a big corporation, regardless of what your lawyer promised you. That's why the big companies win so often.

American judges are very devious, and use all sorts of techniques to prevent a victim from getting justice. Lots of judges issue gag orders, and bans on freedom of speech, to help prevent other people from finding out what is going on. Judges set up a trial in all sorts of ways, giving orders that all sorts of evidence be hidden from a jury, for example. The judge may declare, for example, that the evidence that proves you are innocent or right, will not be allowed at the trial.

Jury trials are actually very rare in America, unlike what you see in the movies. Most cases are settled through some deal or extortion or intimidation, before there is an actual trial. If there is a jury trial, they tend to stack the jury with un-educated idiots who will tend to believe whatever lies they are told by the judge and the government. If you are trying to fight a rich person in court, the judge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you start talking. The judges have a thousand ways to rig a legal proceeding, to benefit rich people or the government.
It's no wonder so many innocent people go to prison. With the fundamental brutality and harshness of life in America, American citizens are confused and fearful, and gullible to propaganda. So, a jury in a courtroom, these people who tend to be poorly educated, will tend to go along with any lies presented by government prosecutors. In this environment of fear, the feeling of safety for the jury, comes from following the "strong" government in sending various "suspected criminals" to jail.

Yes, there are appeals courts, but these are just more judges, who are often friends with the lower court judge who originally sold you out. The appeals judges tend to go along with the lower court judge, unless you have suddenly acquired some politically powerful backing on your side.

Americans love to talk about "taking it all the way to the Supreme Court!", but this is a nearly empty hope. The U.S. Supreme Court simply refuses to consider most cases that are presented to it.
If you are a little helpless nobody, the appeals judges often barely reply to you, and sometimes don't reply at all. Sometimes people have been strapped to a table and given the lethal poison and put to death in America, with the victim's appeal never even answered by the judges.


What about when people win millions of dollars in a lawsuit against the big company?

Every now and then, there is worldwide news of how some average person in America has won a lawsuit for $25 million or some other huge sum of money, from some company or other. What's going on here - if the American legal system is so crooked, how can people be winning such big money?

Such cases are indeed real, but they are actually somewhat rare, numerically - rather like winning the lottery - and it's important to see why they take place, and how they fit into the big pattern. Such cases are typically after someone has been seriously injured or died due to some defective product or prescription drug or hospital treatment or accident.

These cases have a certain "place" in the American legal framework, accepted by the judges. They are also very important for maintaining the bribery culture. A lot of the money won in such cases goes into the lawyer's pockets, and is a major source of bribery money for the judges. As regards big companies and the judges, such cases are viewed as a kind of "tax" on the big corporations, part of the cost of doing business in America, part of the price of being able to otherwise make huge profits.

Such cases, as well, have the same function as in a gambling casino, when the casino proudly announces that one customer has just won a huge jackpot. The hype about the one jackpot winner, hides the fact that most everyone else is losing money. The person whose husband died from the defective prescription drug, and won millions of dollars (one-third of that to the lawyer, of course), is the person who is shoved forward to prove that "the legal system works - it's the greatest legal system in the world!"

The small handful of such personal-injury cases, are intended to distract the public from all the innocent people sentenced to prison, from all the families destroyed by bribed judges in divorce cases, and from all the people whose lives are destroyed by big companies, companies who cheerfully pay bribes to win their routine cases in court.
Big companies know that some big "injury" cases will be lost, in order to supply money for the lawyers and judges who otherwise take good care of the big company's interests. When you are making hundreds of millions of dollars, the loss of a few million here and there is just another expense of business. In the end, the companies just raise their prices to cover the costs of lawyers and lawsuits. The whole world pays for the millions earned by American lawyers, they are the ultimate parasites.

There are other casualties here, too. America's health care system has been destroyed from the inside by the legal culture of constant lawsuits against doctors and hospitals, with huge amounts of money being given to the lawyers in these cases, driving up the cost of medical care and putting it out of reach of many people. America is the only economically advanced nation without a national health plan, with tens of millions of Americans having no health coverage. USA lawyers joke openly about how, when the courts make big money awards to pay a lawyer, the lawyer often gives the judge a bribe by way of gratitude. Some lawyers grow rich, and doctors are afraid to continue  practicing medicine in the US, and many Americans die from lack of health care.
But while America's lawyers will very casually file legal charges against doctors, hospitals, or ordinary people, for any flimsy reason, to try and squeeze some money from the situation, they are extremely afraid to take any legal action against another lawyer or judge engaged in misconduct. That's where fear takes over, and lawyers are suddenly too timid to file any lawsuits.


The Hollywood image, versus the grim reality

Once you have digested the fact that America has the world's largest prison gulag, another major thing to digest is the USA government, and much of America, is primarily a sales organization, whose chief tool is hype and propaganda and outright lies. America is a culture built on sales and advertising; it focuses on portraying an image, not the reality beneath it.

This is why America was so casual about inventing and selling the lies about "weapons of mass destruction" to help start the Iraq invasion. It was just a question of whatever lies needed to be told, in order to sell the product; there was no concern about afterwards, when the lies were exposed. America just figures it can later send out more salespeople with more lies, in an endless cycle. Tomorrow is just another day, when America will try to sell another product, the "war on terror", the "spread of freedom", or whatever.
The selling never stops, in Washington or Hollywood. America sells political lies like Hollywood sells movies. When the USA President talks about "advancing the cause of freedom", he basically means freedom for big corporations to do business. He's not really talking about actual personal freedom for real people. But he grins when he talks about "freedom" because it's a good word of salesmanship, people hear him and some of them can be duped into believing that America cares about personal or political freedom. Hollywood movies and American television are a major element of political myth-making. Around the world, people derive an image of America, and its legal system, from these fictional creations on film. America's propaganda about having "the greatest legal system in the world" is one of those phony stories that Hollywood is helping to sell.
It is also a myth sustained by the few trials about which there is a lot of publicity, like with the celebrity trials of Martha Stewart or Michael Jackson. Judges behave very differently when the cameras are rolling, or the media is reporting everything that goes on, and millions of dollars are being spent on lawyers. But in the 98 percent of court activity that does not have big media coverage, the judges of America provide a bizarre sideshow of horror.

In the Hollywood version, the judges in American courts are like kind uncles, smiling and being wise and calmly dispensing justice. But in reality, American judges sometimes scream at people like disturbed perverts, and show off their bribed corruption right there in the courtroom. Sometimes judges engage in flagrant extortion, where you have to agree to pay money to the judge's lawyer friends as the price to stay out of jail. It is really that bad. You can find no end of documented horror about American judges behaving like criminal lunatics, and it is getting worse all the time.

In the Hollywood version, there are brave lawyers who will fight for your rights, to win justice for you in the American courts. In reality, you can't find an American lawyer brave enough to fight judicial corruption, even if you are innocent and the judge's friends have threatened to murder you, or to send you to jail for the rest of your life. The lawyers who used to be brave, were destroyed or intimidated, and nearly all American lawyers now submit themselves to the culture of corruption and bribery, and betraying and abandoning the people who need legal help.

In the sad reality, American lawyers line up by the dozen to help the government or the big corporations, and regularly betray the average person, even if they are supposedly representing you. Even the lawyers who don't want to be wicked themselves, are too timid to really fight the system. At a certain point, nearly all American lawyers will hold back and abandon their clients, because they are trying to survive themselves and avoid revenge by the judges. In the Hollywood version, the average person is also helped by the "brave investigative reporter" at some newspaper or television station, who shows great courage in exposing the truth, and bringing powerful wrongdoing to face justice. However, the brave "investigative reporter" in America is now as fictional and non-existent as the "brave lawyer" who will fight for your rights. This is especially true on any topic pertaining to corruption by judges and lawyers.

In America today, reporters are little timid people who are afraid of getting fired, and who almost never write a story on government corruption, unless some other part of the government is officially investigating or prosecuting. That goes triple when judges or lawyers are involved. The owners of the newspapers and television stations are afraid of revenge by the judges if they have to go to court, and the nervous little reporters who work for them understand the rules of the game. If you look closely at a modern newspaper or news magazine in the USA, you will see how almost all stories originate with the government itself. When the media "investigates", they are usually just adding more details on a situation already being targeted by the government. Every news media and television station in America is swamped with people begging them to report on stories, that they totally refuse to cover. The reporters are too scared, and they know the stories wouldn't get printed or broadcast even if they were written. America is the land of fear, as regards the legal system and the culture of corruption. Everyone involved with the USA legal system is afraid, very afraid, of stepping on the wrong toes. Even American judges themselves get driven out of office, if they don't participate in the bribery culture.


No recourse against crime and fraud by judges and lawyers in America

In reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by American judges and lawyers. All of the official complaint procedures you find on the internet, or at the courthouse or in the law books, turn out to be a joke, a farce and a fraud.
Complaints about lawyers in America, usually go to the "Bar", which is itself run by the judges who are involved in bribery with the lawyers. And complaints about judges go to other judges, their friends. Nearly all the complaints about lawyers and judges - tens of thousands of them - are kept secret. Nearly all are dismissed or ignored. They are generally only used if the judges or politicians want to specially destroy someone - some radical minority lawyer, someone who is not playing the bribery game, somebody who has dared to expose wrongdoing. Otherwise, even criminal acts by lawyers and judges get a smiling cover-up.

You will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the judges. Even the lawyers who are broke and unemployed and desperate for work, are too scared to sue another lawyer. (Special caution: Lawyers may make false promises to you about suing another lawyer, cash your checks and steal your money, and then refuse to help you. And then you will have another lawyer who wronged you.) The police and FBI almost certainly will not help you, either. They all know the bribery game, and they rely on the same crooked judges to help send innocent people to prison after they have been arrested. The more crooked the judge, the more eager the judge will be, to help the police or FBI do a dirty deal and convict an innocent person. And, of course, the newspapers and television and media won't help you. They hear stories like yours all the time. If they publish or broadcast your story, then they will have problems the next time they get sued in court. Or they might find themselves arrested on false charges, and end up in an even worse situation than you.

The newspapers are so tied into the establishment of judges and lawyers, that the newspapers sometimes help the judges and lawyers to commit their crimes, and to unfairly smear and attack their victims. The big media newspapers have even helped to plant false "evidence" in court cases, and help the legal establishment to destroy innocent people. But even if not harming you, the USA media is afraid to help you, afraid of revenge if they expose judicial corruption. These fears are just as big, if not bigger, with America's radical and alternative media, and bloggers and internet sites. Such people will criticize American foreign policy and so on, but everybody is scared of talking about specific cases of corruption by lawyers and judges. The independent media has even more reason to be afraid, because they are even more vulnerable if the lawyers start to file false charges against them in the courts.

Of course, America's politicians will not help you, either. Many politicians are themselves lawyers, very used to the whole game of bribery with judges and other lawyers. The politicians accept the crooked courts as the way that America is run, and as helping the two big parties to monopolize the political scene and prevent alternative political movements. America's two big political parties, the Democrats and Republicans, can be seen as another phony game like America's courts. The two parties actually get their hundreds of millions of dollars in money from the same people at the same big corporations who own the rest of America. These two American parties pretend to argue with each other over emotional issues like gun control and abortion rights, but in the end both of these parties serve the big corporations. Half of Americans are still fooled into thinking that these parties represent them, the other half sense it is phony but feel helpless and don't know what to do. This is why people don't vote very much in America; they feel it is hopeless and useless.

You can also forget about America's human rights and civil liberties groups, even though it looks, at first, like there are many such groups on the internet. Many such groups are just money-raising groups which don't help victims, or are tied to the two main political parties or some narrow agenda. They are all scared of the legal system, too, and there is no one with any significant funding or money, who is out there helping the victims of legal corruption. They can't find lawyers to help them, either. There are some overwhelmed and struggling projects here and there, doing worthy work for a few of the innocent people in prison, but they function in an environment of timidity and fear, and without the resources or clout or media access to expose or change what is happening. It's getting worse and worse in America all the time. As the judges and lawyers can get away with committing crimes, they are getting more open and blatant, committing felony crimes in broad daylight, because they know no one will stop them or bring them to account. It is also important to know, that once you have started complaining about, or exposing, judicial and legal corruption in America, you become a kind of outlaw there. You are in a very dangerous situation, and you are considered fair game to be either arrested and jailed on false charges, or to be totally robbed and betrayed by America's lawyers. Once you have spoken out about legal corruption, you may find that no other lawyer will then help you for any reason, even if it is un-related to your complaint about judicial wrongdoing. You may be trapped in a nightmare from which there is no escape unless you can leave America altogether.


Dealing with American lawyers, if you have no other choice

Perhaps the statistical chance of getting arrested in America as an innocent person, and then being sent to prison or put to death, is relatively small. But think of how you will feel if you end up as one of those 2 million American prisoners, including 50,000 foreign citizens. Or perhaps even one of those several thousand people on Death Row, waiting for the lethal poison to be injected into your arm.

Visiting America now, is probably similar to visiting or doing business in 1936 with Hitler's Reich, or Mussolini's fascist empire. If you did such a thing in 1936, you might have visited and had a wonderful time, maybe even have done some business with companies in those countries. You might have seen some beautiful sights, and met some very friendly individual people, perhaps drunk a beer or two, or a nice glass of wine, maybe attended the 1936 Olympics. Very likely, you wouldn't have seen any concentration camps, in the places where you travelled. You might have had a very pleasant trip.
But nonetheless, you were in a dangerous place, where horrible things were going on. That's true of the United States of America today, the land of 2 million prisoners in a giant gulag. With America's corrupt legal system, it's certainly not the wisest place to keep money or assets, which can be easily grabbed by American lawyers in legal proceedings. Many smart Americans have opened overseas bank accounts, and it is wise to not keep too much money where American lawyers can seize it. There is no bigger group of thieves in the world, than American lawyers.

If you are in a lawsuit situation in America, get all your money out of the country, fast, before the USA lawyers can put any kind of hold or freeze on it. But you shouldn't keep substantial assets in the USA in the first place. Sell any USA real estate and rent instead, get that money out where it is safe.  Certainly, don't ever expect any justice from American courts. Expect the judges and both sides of lawyers to tilt toward the government, or toward the big company that can pay bribes on a regular basis. All that most people get out of American courts, is grief, and lawyers stealing their money. Best not to approach American courts unless absolutely necessary. Despite the commonplace fraud and dishonesty of American lawyers, it's still important to have one if you must be in an American court. The reason is that American judges absolutely hate people who come to court without lawyers, especially if they have any money at all. The judge takes it as a personal insult if you are not giving some money to one of his lawyer friends, and will tend to take revenge on you unless you hire a lawyer, even a very stupid one, to stand by your side.

What American lawyers love to do, is to steal all your money, tell you a bunch of false promises and lies, and then do nothing for you, while they sell you out to the other side. That is a perfect scenario for an American lawyer. A lawyer's goal is to squeeze as much money from you, while at the same time doing as little as possible to rock the judge's political boat. Some lawyers even make money by the "research and review" scam, where they don't even agree to represent you, but just steal your money to "research" your case.

Accept in advance that an American lawyer will rob you and betray you, and everything will go more smoothly if you quietly understand this. Never actually trust an American lawyer, but don't let on that you know he's a crook. Don't tell the lawyer how much money you really have, he will try to get all of it. Try to pay a lawyer very slowly, in small chunks, that will keep him more interested, and prevent some of the bigger robberies and betrayals, and will leave you some money to try another lawyer if things get too awful. Remember, once you give a USA lawyer any money, it's almost impossible to get it back. Lawyers will almost never sue another lawyer, and if you go to court, the judge will almost certainly protect the lawyer who defrauded you (and get a share of the money, of course). Lawyers and judges in America like people to appear to be submissive and stupid and easily manipulated. They like to feel superior to you. By letting them think that you are weak and falling for their lies, you may give yourself some breathing room. This tactic has even enabled some people to stay alive and not get murdered, and to escape from America back to safety.


The growing American nightmare

It is just getting worse and worse in America's legal system. For some years now, the USA judges and lawyers have gotten used to denying people justice, to the great flow of bribery money, and even to committing felony crimes in broad daylight and getting away with it. It just keeps on escalating. Though a social explosion is lurking beneath the surface - with judges starting to get murdered, and people lighting courthouses ablaze - the people who run America are letting the current system chug along as it is, justice be damned, and to hell with the people who seem to have no way to fight back.
It can't go on like this forever, but it may get a lot worse first, despite the fair internet visibility on documented American legal corruption. One should note a brave and promising grass-roots attempt at judicial reform in the USA called (Jail 4 Judges - www.jail4judges.org), which attempts to place onto American ballots, a referendum for a new procedure to give citizens a real right of redress against corrupt judges. It is a wonderful and beautiful idea that deserves success, and will help transform America if it moves forward. Regrettably, though, for all the usual reasons of fear, there is no one with any big money or media clout, yet making a foray against the real-life nightmare of America's courts and prisons. It remains a taboo subject for the American media, and the media silence feeds and encourages the whole machine of bribery and repression.

Perhaps, though, it will not be until after America has had a major economic or social cataclysm, that the big American machine of legal corruption finally comes to be reformed. Sociologically speaking, it's astonishing how disgraceful American lawyers have become - they are now both the mafia and the gestapo of American life. America's lawyers, as a whole, have had little to say about America’s recent international crimes of prisoner abuse, and violation of international human rights agreements. American lawyers, as always nowadays, are "playing the game" with America's government and its judges. America, indeed, does not have the rule of law at all. Instead, it is just the rule of lawyers, lawyers who crave money and power. And, in America, it can be jail or worse for anyone who tries to fight these lawyers. The reality of the United States of America is that Americans, despite their overall wealth as a nation, are now a people living in a society of great fear. Their fears are complicated, and many Americans cannot even put their fears into words. They are afraid of lawyers and the prison system, afraid of losing their jobs in a brutal society with no social safety net, afraid of needing health care in a disastrous system with no health plan. And Americans are afraid of what will happen if they try to question the system and the way things work. They often feel helpless and powerless against the great forces dominating their country. American citizens are confused and fearful, and gullible to propaganda. Because Americans have difficulty in sorting out their many fears, they have become ripe candidates for racial and religious hatreds, and for following their government into war. The issues of "terrorism" and war distract the emotions of Americans from the terrible problems in their own society at home. The foreign "enemy" gives Americans a face on which to project their fear and their anger. The result is the horrifying misconduct of some Americans in these wars; while back inside the USA, there is increasing corruption and repression in the legal system. Americans desperately would like to believe that they still live in a "free" country, as it is so horrifying to them to face the ugly truth, that their freedom is already largely lost. Americans can imagine they are "free" because they can still choose among different products to buy, or quit their job, or buy a gun at the store. And the Americans most likely to imagine they are still "free" are the ones who have not yet been trapped in the halls of America’s legal system. They have not yet seen the lawyers and judges who smirk and laugh as they deny victims the most basic human rights. The truth is that, inside America, a nightmare has begun. The lawyers and judges and courts, "playing the game", regularly trample upon the freedoms that Americans thought they had. It is people like myself, escaped from the USA, living in kinder and gentler places, who are now the lucky ones. No one should ever again be fooled by USA propaganda about being the "land of freedom". Those who are thinking of travelling to, visiting, or working in America, should think again. It might not be worth the risk of being in a country that has one of the most crooked legal systems in the world.



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