citizens of india vs supreme court of india

citizens of india vs supreme court of india

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

Spreading the light of humanity & freedom

 

Editor: Nagaraj.M.R….vol.4…issue.01……05/01/2008

 

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Editorial : CITIZENS OF INDIA  Vs  HONOURABLE SUPREME COURT OF INDIA

-         Open appeal to shri.sunil Thomas , honourable registrar & CPIO , RTI Apellate authority , supreme court of India , new delhi

 

TO,

      SHRI.SUNIL THOMAS ,

      Honourable Registrar ( ADMN ) / Apellate Authority,

      Supreme court of India,

      New Delhi.

 

Subject : appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07

 

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

 

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

 

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

 

Hereby , HRW seeks complete  truthful information from supreme court of India , with respect to my RTI application appeal no :  APPEAL NO. 91 / 2007. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST & JUSTICE. Hereby ,  we at HRW 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 & euitable justice. JAI HIND. VANDE MATARAM.

 

Your’s sincerely,

Nagaraj.M.R.

 

CRIMES COMMITTED BY LAW COURTS IN INDIA

- An appeal to honourable supreme court of india

 

Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become  factories turning out  hardened criminals.

 

Say , a person was caught by police on  suspicion  of  pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.

 

Taking the same example further, say the court finds  the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.

 

As per law, no body not even the courts of law are legally empowered to punish anybody  beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials  are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?

 

The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy  person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can’nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.

 

Say, a rich industrialist is accused of  rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi  has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.

 

Considering the above examples it is quite clear the bail amount, fine amount  are peanuts for the rich  just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.

 

Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of  prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from  health problems , many are dying due to lack of proper health care & food in the prisons.

 

Whereas , the rich & mighty prisoners , by payting bribe get non-veg  , alchoholic drinks from outside restaurants daily. They even secure drugs  . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.

 

The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty.  For the purposes of evidences , filing of cases one needs various government records. The concerned officials don’t provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit  for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?

 

Nowadays , numerous cases of irregularities , charges of corruption against judges  are coming to light. However , in such cases  judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?

 

In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before  them.  However , in all such cases , the lower court judges  must be punished for  giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction  of cases goes in appeal to higher courts, as in majority of cases the  poor people lack the financial might to make the appeal. The so-called  free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.

 

In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge’s chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public  and the public cann’t even ascertain the validity of tapes , whether it is edited , doctored .

 

One of the basic reasons for delayed justice  &  worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments  and finally low amount of financial grants made by the government  to judicial department / police department. The government states that  it doesn’t have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI ,  is one of either parties in 75% of cases  before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.

 

The government has got money  to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of  commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.

 

We at  HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest  few judges seeking justice to the common folk. 

 

Indian judiciary’s contempt for accountability and scrutiny is a shame

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka – RTI Act violations , constitutional rights & Human rights violations

 

The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby  covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested  for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise  of my FUNDAMENTAL DUTY as a citizen of India. However  the above stated public servants preferred to violate law themselves & to protect the criminals.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.

 

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

 

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

 

False Affidavits , Information Hiding – Crimes of supreme court of India & Public Servants

 

Many public servants are leading luxurious lifestyles , beyond the legal sources of their income. Many public servants are filing false affidavits about their annual income , wealth details to Election Commission of India / Vigilance Commission / other authorities , as the case may be. These authorities are not properly verifying these affidavits . many scams , scandals are coming to light day in & day out , politicians are accussing each other of involvement in scams. Whereas , the said authorities are keeping mum , as if those affidavits filed by tainted public servants are true.

 

The tainted public servants are not even providing full , right information to public as per RTI Act, lest the truth come out. Just imagine , even the supreme court of India violated RTI Act – failed to give information to our publication as per RTI Act , lest the truth – skeletons in judiciary comes out.

 

Some public servants , caught redhanded during luxurious spending , easily says that it is at their political paty’s expense or their well wisher’s expense. However no entries are found in the account books of said parties to that respect. The law forbids public servants from accepting gifts , hospitality , favours beyond the value of rupees one hundred  ( Rs. 100 ) , as it may be a form of bribe.

 

Hereby , HRW urges the honourable supreme court of India , to enforce RTI Act , annual filing of affidavits by public servants , fool-proof verification of those affidavits by public committees comprising ordinary citizens as mandatory encompassing all public offices. As a first step , it must be enforced to judges , police personnel & tax officials . then alone , many socio-economic problems , corruption in India can be solved.

 

CROSS – EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA & HONOURABLE UNION HOME MINISTER , GOI , NEW DELHI

 

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 ? ( new addition )

 

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.Mrajiv 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 , 3rd degree 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 & collected application fees from the candidates. Till may 2007 , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

 

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 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

 

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 , 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 ? ( new addition )

 

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 ? ( new addition )

 

Q134. in how many cases GOI & other state government continued with the  prosecution AGAINST OUR FREEDOM FIGHTERS ? why ? ( new addition )

 

Q135. what about cases against shri.netaji subash Chandra bose ? ( new addition )

 

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 ? ( new addition )

 

 

CRIMES COMMITTED BY LAW COURTS IN INDIA – charge sanjay dutt with TADA

- An appeal to honourable supreme court of india

 hereby, HRW  appeals to the honourable supreme court of India to review the sentence given to cine actor mr.sanjay dutt. He is charged under illegal possession of arms , the stand of prosecution is biased . the culprit cine actor kept the arms knowing fully well for what purpose it is being kept , he had had regular contacts with anti-national underworld elements. Still he is not charged under either TADA or MOCA WHY ? WHERE AS ORDINARY CRIMINALS WHO HAVE DONE LESSER QUANTUM OF CRIME THAN HIM ARE CHARGED WITH TADA & PUNISHED SEVERALLY. WHY THIS DOUBLE STANDARDS BY THE JUDICIARY ? HEREBY , hrw also appeals to honourable supreme court of  india to make public the transcript of  underworld don abu salem’s polygraph test , did sanjay dutt had any links with abu salem or other anti national elements ? how many film stars , sportspersons & politicians have regular contacts with underworld elements more specifically dawood ibrahim & chota rajan and  how many of them have attended parties hosted by them in gulf countries ?

Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become  factories turning out  hardened criminals.

 

Say , a person was caught by police on  suspicion  of  pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.

 

Taking the same example further, say the court finds  the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.

 

As per law, no body not even the courts of law are legally empowered to punish anybody  beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials  are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?

 

The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy  person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he cann’t secure bail on personal bond. The poor chap’s family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.

 

Say, a rich industrialist is accused of  rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi  has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.

 

Considering the above examples it is quite clear the bail amount, fine amount  are peanuts for the rich  just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.

 

Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of  prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from  health problems , many are dying due to lack of proper health care & food in the prisons.

 

Whereas , the rich & mighty prisoners , by payting bribe get non-veg  , alchoholic drinks from outside restaurants daily. They even secure drugs  . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.

 

The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty.  For the purposes of evidences , filing of cases one needs various government records. The concerned officials don’t provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit  for the performance of duties by public servants. When a commoner don’t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?

 

Nowadays , numerous cases of irregularities , charges of corruption against judges  are coming to light. However , in such cases  judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?

 

In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before  them.  However , in all such cases , the lower court judges  must be punished for  giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction  of cases goes in appeal to higher courts, as in majority of cases the  poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.

 

In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge’s chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public  and the public cann�t even ascertain the validity of tapes , whether it is edited , doctored .

 

One of the basic reasons for delayed justice  &  worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments  and finally low amount of financial grants made by the government  to judicial department / police department. The government states that  it doesn’t have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI ,  is one of either parties in 75% of cases  before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.

 

The government has got money  to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of  commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIPs. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.

 

We at  HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest  few judges seeking justice to the common folk.

 

AN OPEN APPEAL TO JUSTICE  SHRI. K.G.BALAKRISHNAN  ,  HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

 

Recently , in the media an interview with the present chief justice of India was reported. In the interview the honourable CJI  stated that he is against any compulsory disclosures to be made by judges ie he is against any external supervision of judges performance , as any self respecting judge would not like this.  He is for voluntary disclosures by judges themselves. It is true , thinking on the same lines, our constitutional forefathers thought that only people with self respect , personal integrity  will come to occupy high constitutional offices in parliament , legislature & judiciary , as at the dawn of independence there were great educationists , statesmen in parliament , judiciary , in the whole of public service . that is the reason they have left out blank in drafting disciplinary proceedings against erring judges , ministers , MLAs , MPs. They have not even dreamt of the present situation, now see the opposite individuals facing murder , rape , extortion charges are in parliament , state legislatures, corruption is rampant in judiciary. These facts have been publicly acknowledged by union cabinet ministers , supreme court judges themselves. This problem has grown out of proportion due to failure of self regulation , transparency by judiciary & parliament.

Even certain technicalities , actions of the  judiciary are biased for the rich & mighty. The cases of  commoners drag on for years , months without a hearing whereas the special leave petitions  which only rich can afford & other cases which the judge thinks urgent  comes for hearing at the shortest  time & even interim orders are issued.  The judiciary in convenient cases initiates suo-motto action  based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.

Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained  beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail  for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ?  what about poor people who unable to bear police 3rd degree torture confess to crimes they have not committed & suffer punishment – some times even death sentence , what about their self respect ?

Nowadays numerous scandals  involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties  raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it’s findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.

In the same manner , senior judges  facing charges of irregularities / corruption  are either asked to resign or not allotted any judicial work. Only in rarest cases  impeachment motion is brought about by parliament.

In this manner on quid pro quo basis the functioning style , action time  of  judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?

Resignation from office or not allotting any work to tainted constitutional functionary is not complete  equitable justice ? what about the legal prosecution for their wrong doings ?

Just see the recent media reports about justice bhalla. See the recent reports in “vijaya karnataka’ about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits  afterwards. Naturally, corruption spreads.  Just remember “ROOST RESORT SCANDAL” involving selectors- high court judges & the candidates  – newly selected women judges.

The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people’s fundamental rights. Ofcourse , there are honest persons in public service � judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues .

 

ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED

In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones � the judges will give favourable judgements when the cases of these godfather’s & their cronies comes before them � the prodigal sons. As in other wings of government , corruption has spread it’s tentacles far & wide in the judiciary also. Remember ” roost resort”scandal” � wherein the newly selected women judges were returning favours immorally to their selectors � high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.


Our constitution has given independence to judges , to freely make their own inference , interpretation of
law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don’t have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as ” contempt of court” , the commonman is punished & the voice seeking the truth is silenced forever.


The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land
appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of India to give me information about the following :


1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?


2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?


3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?


4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?


5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.


6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?


7.are judges more equal than the citizens of india?


8.why don’t the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?


9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?


10.why don’t the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?


11.why you have not registered previous appeals of HRW , as PIL & not responded till date?

12. the judiciary � honourable supreme court of India itself is violating my constitutionally guaranteed  FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?


We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india’s unity & integrity, than terrorists. Hereby, HRW offers it’s services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

 

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

 

Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest.

 

3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police

At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like “Sherlock holmes” and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.

2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.

3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn’t have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.

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

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

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

1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim’s of 3rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva’s report on “torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

 

The Business Of Encounter Killing By Sorit Gupto

 

Encounter killing is again a hot topic nowadays but with a little difference. This time it is for the suspension of a sub inspector from Mumbai, Daya nayak, who is better known as a Encounter specialist.

Encounters or extra judicial killings are not a new phenomena for Indian state, though it has changed its position or acceptability in the public psyche for past few years. Thanks goes largely to the Mumbai film industry for making several films ‘inspired’ by the real life of an encounter specialist. After the box office success of such films, one can say that the act of extra judicial killing , which otherwise is a gross violation of the Justice system, the very aspect of our Constitution( by denying the fundamental right to live), the civil liberties and the human rights, now got legitimacy in the Indian society.

The ‘Rise and Fall’ of this Sub inspector is nothing but story of complete violation of the very rule of law , which the police department is supposed to enforce.

We are catered with the biographical sketch of this encounter specialist by different news channels , about how from a humble beginning as a boy in a tea stall he becomes the heroic face of the state police department . According to an unconfirmed ‘estimate’ he has gunned down some 80-90 persons till date.

However the most strange thing about the whole saga is the fact that, every one is bothering about his crime of earning the huge amount of wealth , disproportionate to his known source of income, but no one is giving a damn to his murderous record which is much more disturbing vis-a-vis to his known source of power to do so. Now it is not just a known fact but established fact also that what ever he did in his tenure ,he had actually killed people without having any right ,like many other famous or yet to famous ‘Encounter Specialists’ are doing .Now, they keep on doing because they are doing the same under the full protection and patronage of the state. It is a chilling fact for any civilized society but as far as we are concern , we simply habituated and grasped it.

Be it Ansal Plaza Shoot out in New Delhi , Or Killing of four person in the outskirts of Ahmedabd , more or less after every encounter, the story or the logic provided by the state to the people, is too innocent to compared only with the Aesop’s fables , that there was a bad man who fired at the police, and police in retaliation fired back to him and he died on the spot. Simple. Very simple. And for the sake of the rule of law please do not make complications by raising disturbing quarries as how not even a single police person hurt by the firing of the bad man? Why police did not tried to catch the person alive ? and so on…

However after 9-11, we the people are provided with some upgraded set of logic’s. One can name it Gen X logic’s. These are logic’s with veiled threat. Now it is not just a mere fable but with a strong massage encrypted in it ,’ either you are with us or you are part of enemy’ and that is why if you try to raise all these disturbing question you could be branded as the enemy. Better you believe what the state says.

Now coming again to the very police sub inspector. It is said that he has earned enormous amount of wealth by manipulating his duty of executing extra judicial killings , in other words ,a long list of fake encounters, by favoring one group of criminal against the other. His departmental bosses are very much concern about his alleged misuse of power. The Irony is, being an encounter specialist itself is the product of gross indiscipline and utter misuse of the power provided by the state to the police department .

So, what new thing they are going to get through “the trial”?

If it is proved that this encounter specialist really has earned this huge wealth by manipulating his ability of encounters, by favoring ( read killing) individual of one particular gang of mafia against the other, which is a truth yet to discover, what charges are going to frame against this fellow?

Dealing with this particular case one should have to keep in the mind that , this fellow has acquired this huge amount of sum by simply cold blooded murdering a number of people. Just like any other member of the organized crime he had taken ‘supari’.

This case is a typical in the nature as corruption is just one part of it and the other part is made up of homicide. Part of the media is shrewdly downplaying the later half by overplaying the first half and that is the most dangerous aspect of this particular case.

Though there are number of punishments prescribed in IPC for killing a fellow human being starting to rigorous imprisonment for years to death penalty, but our encounter specialist do not have to be worry about all that , rather he knows it very well that he will face some petty charges of corruption to maximum.

A simple sub inspector can not become an encounter specialist over night if there is no political patronage behind him. As far as patronage is concern we have this news published in The Hindu on 23 Nov ’03, which says that, The then Home Minister of Karnataka, M. Mallikarjun Kharge, ruled out a probe into the encounter killing of two alleged women naxalites in a village near Karkala in Udupi district . In a press conference Mr. Kharge said, “We cannot disbelieve the version of police officials who witnessed the encounter. We have to believe somebody.”

And last but not least ,If a mere police sub inspector can doctor or manipulate this phenomena of ‘Encounter’, It would be a chilling realization for anyone that magnitude wise how much scope of manipulation is there for the state to eliminate their political rivals through this ‘simple’ mechanism of extra judicial killings.

Today, Daya nayak has been arrested after a prolonged drama of “to arrest and not to arrest’.

This is the high time to examine the very phenomena of encounter thoroughly.

 

JUDICIAL PROPRIETY AND TEHELKA By: Rajeev Dhavan

India needs a policy of embargoing post-retirement jobs for judges whilst increasing their retiring age.

THE JUDICIARY is in the news in ways that do not do it credit. Beginning with the `defeated’

Justice V. Ramaswamy impeachment in the early 1990s, the last decade portrays scandals. These include the Bombay Pay-off Scandal of 1990, the controversy over the Bombay High Court Chief Justice Bhattacharjee receiving large “foreign” royalties in 1995, controversies, however founded or unfounded, over Justices Punchi and Anand – both Chief Justices of India – and Justice Bharucha’s declaration that 20 per cent of judges are corrupt. The year 2002 has been a bad year. In Punjab, High Court judges are accused of having received favours from the Chairman of the Public Service Commission. In Rajasthan, the allegations countenance a High Court judge and his Deputy Registrar soliciting sexual favours. In Karnataka, allegations canvass compromising sexual conduct involving High Court judges. In Patna, there are serious allegations of corrupting the legal process by lawyers and the registry. Public confidence is shaken.

Judges reign and rule – with little external effective oversight over their conduct. Judicial independence cannot encompass judicial lawlessness, rampant corruption or conduct unbecoming. Justice Ramaswamy’s impeachment suffered defeat in Parliament. The Supreme Court’s Committee opined he could not be denied work. In Bombay, resignations took place. Using the `transfer’ policy – now abandoned – does not satisfactorily deal with serious allegations against judges. Corruption is transferred, not dealt with. In the mid-1990s, the Supreme Court felt that the Chief Justice of India (CJI) could use his prestige to persuade judges to resign or not attend court, But, such an approach eludes results if the delinquent tells the CJI to mind his own business.

Witness the cases of Hastings and Clairbourne in America where judges refused to demit office until impeachment – in one case, even though the judge was imprisoned! Informal methods have failed; and do not command confidence in India.

An intermediate method has to be created so that judges are answerable and can be disciplined without compromising their independence. But, it is not just a question of disciplining judges; but, also of dealing with complaints against them in a swift and effective way. Such mechanisms exist for the lower judiciary, but not for High Court and Supreme Court judges. From the supercession controversy of 1973 when three judges were superceded for the post of CJI, there have been calls for a National Judicial Commission both to (a) make judicial appointments (which after the 1982, 1993 and 1998 judgments are – and, that too, not quite satisfactorily – in the hands of a conclave of Supreme Court judges) and (b) deal with complaints, corruption and misconduct. But, ongoing suggestions for a National Commission have fallen on fallow ground. Having wrested the patronage of appointment, the judges have dragged their feet on issues of judicial discipline except to produce unenforceable codes of conduct. What are required are constitutional and statutory amendments.

Recent history shows that where there is a will, constitutional amendments are possible. But, there is a lack of political and judicial will to introduce changes. Today, judges collectively and in judicial orders make all kinds of suggestions on their pay, salary, perks and other things. But no consensus suggestion to interrogate judicial indiscipline emerges with credible clarity. Individually India’s Chief Justices provide evasive and contradictory answers.

In the midst of all this comes the controversy over the commendable resignation of Justice Venkataswami who was the sole Commissioner of the Tehelka Commission. Three issues arise. The first is: what went wrong? Something did. Sometimes judges do hold two post-retirement posts – without conflict or demur. But, the Tehelka Commission was not just an inquiry but an inquisition in which the Government had a massive political stake. The proposal to give another assignment to Mr. Venkataswami whilst he investigated Tehelka and its discontents should never have been made. The next slip up was Chief Justice Bharucha’s recommendation behind which the Government seeks refuge. No less, the offer of appointment should have been declined. This is not a case of conspiracy, corruption or misconduct. Mr. Venkataswami integrity is beyond dispute.

The famous Pinochet case (1991) was re-heard because Lord Hoffman had broad links with a charity which, though not before the ‘Lords’, had a stake in the cause. In the Curative Petition case (2002), the Indian Supreme Court drew sustenance from the `Pinochet’ example on the premise that justice must not only be done but always appear to be done. This sets the tone. Mr. Venkataswami has led by example. Purity is as important as cleanliness. At least one present judge of the Supreme Court declined an above board invitation to a seminar from an American university on the basis that it was unacceptable that anyone other than the Government of India should pay for such trips. This sets a standard.

The second issue that arises out of Tehelka is whether Mr. Venkataswami can simply be replaced by another judge. There is a stateable case that he cannot. Section 8A of the Commission of Inquiry Act, 1952, was amended in 1971 to permit a Commission to continue if a vacancy arose in a multi-member Commission. The assumption of continuity would survive because a member or members would continue. But, section 8A is inapplicable for a single-member Commission or where an entire Commission ceases to exist. It becomes non-existent (non est) and ceases to function (functus officio). Continuity is broken. Replacing Commissions afresh contrives its own politics. There is an even chance that any replacement appointment would be challenged to the discomfiture of any new appointee. This does not mean that the records of the Commission are not available for public use. So far, the only real public interest part of the Commission’s work was over the military deals – which was heard in camera. These can be examined by a Joint Parliamentary Committee as raw evidence to interrogate lapses. The other aspect of the Commission’s inquiry investigates Tehelka’s journalistic conduct and wild, unfounded allegations that Tehelka tried to destabilise the stock exchange and personally benefit Tehelka’s people and financiers. A lot of this is humbug. The `journalistic’ ethics issue does not need a Commission’s wisdom, but along with the accountability of the electronic media should be generally examined by public discourse. There are enough legal provisions to deal with `destabilising’ frauds; but, the Government knows that they do not have a credible leg to stand on. On this basis, the Tehelka Commission needs to be wound up; but the `defence deals’ examined by Parliament.

The third issue relates to the desirability of post-retirement appointments for judges. There is a dilemma here. Although Inquiry Commission reports generally gather dust, there is a public faith that only judges should head such inquiries – indeed, that is what made the T.T. Krishnamachari and Kairon inquiries of the 1950s credible. The answer lies in less inquiries and carefully chosen incumbents. Today, an inquiry is a general panacea to avoid any public allegation. The Commission process has been devalued. Several statutes – such as the Human Rights and others – necessitate judicial appointments. Such jobs cannot be multiplied as inducements.

India needs a policy on embargoing post-retirement jobs for judges whilst increasing their retiring age. The Public Commission procedure came to the fore in 1921 after the Marconi scandal around 1918 because Parliament could not be wholly trusted. Parliament needs to be more rigorous and credible – even though the nation was let down by the Bofors Joint Committee which wrongly absolved the, then, Prime Minister and others in 1987.The Indian judiciary has to confront its public image. India’s judges
are massively powerful. They both compensate bad governance as well as fulfil the judicial quest for power. Judges may err in their judgments. But, if confidence in the Judiciary abates, Indian governance is in peril.

 

Honor  of Parliament for sale by few members

 

it is a shame that recently four members of parliament were caught red handed on charges of human trafficking that too misusing their official passports. We have seen in the past various crimes by M.Ps –   questions for money , kickbacks , etc.  this present sorry state of affairs is due to the caste consciousness of the electorate. The public instead of seeing the honesty , integrity of electoral candidates looks just at his caste , in this trend they elect persons who belongs to their caste even though he is dishonest , untrustworthy & a criminal . Now , the number of criminals , density of criminals  ( who are masterminds in evading conviction ) is more in elected houses of people’s representatives – parliament , state assemblies , panchayaths , corporations , etc than in the  jails , outside public society . HRW is ready to prove this subject to conditions , in larger public interest. Our people’s representatives must learn classroom discipline , punctuality of attendance , home work , from little kids of primary school.

We have won the independence by the hard way , by the innumerable sacrifices made by great martyrs like mahatma Gandhi , Nehru , bhagath singh , etc. The criminals who have occupied constitutional positions don’t have any right to squander that hard won independence of Indians. The disgrace , contempt to august house of people’s representatives is brought upon itself by the corrupt people’s representatives themselves.

We at HRW , have highest regards for the institution of parliament , this is an appeal to the honest few in the parliament to bring to book their corrupt colleagues & to uphold the dignity of the house

 

WAKE-UP ELECTION COMMISSION OF INDIA

 

              Former chief election commissioner , mr.T.N.sheshan brought respect to ECI by doing his duties sincerely against all pressures . he didn’t have any special powers , whatever  laws were there since 1950 ie our constitution of India came into being , he used it in letter & spirit efficiently and upholded the sanctity of elections. You can just imagine what his predecessors & successors were & are  doing ?

             Recently , in the media we have seen reports that a 3 time member of parliament & main fund contributor of a national political party  – Mr. M.S.SUBBA is a foreigner ,  a nepali citizen . how can a foreigner become a law maker of India ? we have seen media reports  of MPs & MLAs  , cabinet ministers who are wanted by police in serious crimes but absconders , not available to arrest as per police records . but they are very much present in the government & running the show ? what a mockery of law ? recently , we have seen reports where certain MPs extracted money to raise questions in parliament , to sanction money under MPLAD scheme , we have seen media reports about union communications minister mr.pramod mahajan receiving reliance company shares to the tune of crores in return for favourable ruling to that company . In various ways people’s representatives misuse their office for personal gains.

             While joining government service in India , from peon’s job to gazetted officer’s rank  police inquiry / confidential reporting about the candidate’s  antecedents is mandatory. In case of sensitive departments like space , atomic energy , defence , etc, apart from police enquiry  concurrent investigation is conducted by Intelligence Bureau , before appointing a candidate  to  any rank in government service whether as peon or as officer.  Whereas , in the case of the people’s representatives who get elected as MPs , MLAs , MLCs , etc, no investigation is conducted about their antecedents , the affidavits they file before ECI at the time of nomination ( eventhough full of lies ) is taken at it’s face value. The ECI doesn’t bother to sincerely cross-check those affidavits . in  2004 general elections , our publication requested for deatails about antecedents of 4 VVIP candidates , the ECI replied that they don’t have information  about them. In this way , ELECTION COMMISSION OF INDIA is favouring the criminals to get elected as MPs , MLAs and eventually to become cabinet ministers. When a criminal becomes a law maker , the first thing he does is to cover-up his own crimes & that of his cronies. In the second step he permits officials to indulge in criminal deeds for a cut in the deal. He formulates laws which are favourable to his rich cronies , based on those inherently flawed criminal intentioned biased laws the courts of justice judges over cases before it. Can a common man hope for justice , what a shame ?

 

             The same criminals who are in constitutional offices become privy to very sensitive informations with respect  to national security , economy , etc , it is the same criminals who decide over the national policy matters relating to defence , economy , national security , etc , don’t that criminals sell our national security to our enemies for a price ? are we truly safe under such leaders ?

 Hereby , we urge the election commission of India to give information as per RTI ACT  with respect to following :

 1.        how many convicted persons , absconders as per police records are there in present loksabha , rajya sabha & all state legislatures as members of the house ?

       2.. how many convicted persons , absconders as per police records were  there in   previous loksabhas , rajya sabhas & all state legislatures as members of the house  since independence ?

 3.        how many foreigners , persons of foreign origin & persons having foreigners as their spouses are there in present loksabha , rajyasabha & all state legislatures , as members of the house ?

 4.        how many foreigners , persons of foreign origin & persons having foreigners as their spouses were  there in previous loksabhas , rajyasabhas & all state legislatures , as members of the house since independence ?

 5.        give the  details like  the number of charges , cases against  sitting  MPs , MLAs throught India & against ex-MPs & ex-MLAs.

 6.        are you cross-checking , verifying the affidavits filed by candidates at the time of nomination for elections ? how ? is it fool-proof , then how come some criminals have entered parliament & state legislatures as members  ?

 7.        in some instances , when MPs or MLAs are found of some wrong doings , they are just removed from  the membership of the house , but no criminal prosecution against  such is proceeded , why ?

 bottom line : still there are are honest persons in politics , in parliament & in state legislatures  striving for public welfare & upholding the law. Our publication pays our whole hearted respects to those honest few . However , criminalization of politics is an acknowledged fact by vohra committee report , acknowledged by  cabinet ministers themselves  & this is an appeal to the honest few MPs , MLAs  to book their corrupt colleagues.

 

MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver + non performing assets of banks to the tune of Rs. 200 000 crore

- An appeal to Honourable Supreme Court of India

 

India has become an IT power , taken giant strides in the field of science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of drinks , non-veg foods not at their papaa’s expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it’s dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it’s worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don’t pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off dues cann’t be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa’s property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04th January 2007. just look at this in the backdrop of “QUESTIONS FOR MONEY BY SOME MPs” and “MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL”. The government is always unresponsive , careless towards the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it’s services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,

1.         to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.

2.         to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading like – selling products , materials , shares to their sister concerns at discounted prices or buying products , materials , shares from their sister concerns at inflated prices or lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.

3.         to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.

4.         to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.

5.         to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.

6.         to put behind bars tax officials who have helped such corporates in swindling public money.

7.         to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.

8.         to recover & protect public money at any cost.

9.         to confiscate all money , properties possessed by directors of such criminal corporates & properties of corrupt bank , tax officials , public servants.

 

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS / LEGISLATIONS FOR ???? – improper functioning of democracy in india

 

the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a

position to manipulate , enact laws favouring , benefitting the criminals their cronies.

 

Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn’t even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any

competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it’s verdict awarding damages worth

Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of

crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.

This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian & multinational companies are lootingindian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing.

 

In india, indirect democracy is the form of governance. In this form, people’s representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it’s peak. The lobbying is a gentleman’s white collared crook’s way of forming favour seeker’s group , creating a corpus to pay lumpsum bribe & influencing decision making. The people’s representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy &

rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.

 

Now consider the following example :

Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling Indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It’s sight

falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it.

 

The ” strategic dis investment issue ” comes before the parliament for legislation / approval. The ruling party issues a party whip to it’s members to vote in favour of dis investment. However M.P mr.raj Gandhi who is an MBA in his own wisdom also favours the dis investment.

However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the

disinvestment legislation.

 

On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 58 years in india. In democracy, party whip , MP or MLA’s own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent’s of his

constituency , people’s wishes aspirations are of primary importance & supreme. What people need is a honest representative, who simply delivers the people’s aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people’s representatives must be true post man.

 

Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it’s true form.

 

V.V.I.Ps in Government Of India backstabbing indian soldiers

- An appeal to supreme commander of indian armed forces H.E.PRESIDENT

OF INDIA & request for information as per RTI Act

 

Our indian armed forces is one of the best professional forces in the world. They are guarding our borders on 365*24*7 basis , enabling we the common indian people to live in peace. Where as , the soldiers themselves are facing lot of hardships ,they are far removed from their homely comforts and working in very adverse , hostile environs.

The indian soldiers are sacrificing their comforts , lives for guarding the lives of us –crores of indians. However , now it seems the threat to the lives of brave indian soldiers are not from the

pakistani or chinese bullets , it is from their own indian brother’s.

 

In the recent past , a joint director of RAW – an intelligence agency defected to USA , there were repeated thefts at defense HQ , war room leak at naval HQ, the senior most naval officers were kicked out of office for speaking out about illegal defense deals by higher-ups.

Recently, former union minister mr.jaswant singh has stated that , a very highly placed person in the PMO was passing nuclear secrets to USA. Just a few years back , former union minister mr. Subramaniam swamy has stated that former prime minister rajiv gandhi’s family has received money from foreign intelligence agencies. A former KGB officer mitrokhin , in his autobiography has stated that smt.indira gandhi , former prime minister of india herself was a KGB agent.

 

VVIPs occupying constitutional positions are privy to defense , national & economic secrets. They are in a sound position to decide over it , to manipulate it. Some VVIPs , film stars were hobnobbing openly with terrorist leaders , underworld dons & attending dawood ibrahim’s parties , etc in gulf countries. Some VVIPs have even aided terrorist outfits in other sovereign countries like LTTE in srilanka.

 

VVIPs strikes deals with arms dealers & awards them defense contracts. As a result indian forces are flush with technologically obsolete aeroplanes , war ships , artillery , etc bought by paying crores of dollars.  If any defense personnel questions these actions , he is court-martialled & put behind bars. If any ordinary citizens questions them , he is silenced through the brute force of police. Even election commission of india , didn’t give information about criminal antecedents of certain VVIP candidates tom an indian citizen on request. The courts have suo motto powers to take action on news reports , but they have not taken any even on appeal. The police don’t take action against such VVIPs & are not even registering complaints against them. Most public servants are only bothered about their position , favours , post-retirement postings , etc. In their scope of things , national security is nowhere on their mind or actions.

 

On the public side , the same VVIPs condemn terrorism & other foreign countries. They deploy indian soldiers on the borders , terrorist infected areas , to contain the mafia . they send our soldiers with 3rd class arms & ammunition , riding 3rd class aeroplanes , ships & artillery to contain violence , as a result our soldiers get killed like flees , like sitting ducks to be shot at, by enemies who are armed with latest weapons. As a result more number of soldiers are dying in plane crashes , terrorist bullets than to pakistani or chinese bullets.

 

Hereby , HRW appeals to your excellency to protect our brave soldiers , by making public the following information & providing that information to HRW as per RTI Act on the following questions :

 

1. how GOI is monitoring VVIPs of foreign origin , those with spouses of foreign origin & those with ties , links to foreign nationals ?

2. how GOI is monitoring the activities of VVIPs , while on foreign tour ?

3. how GOI is monitoring activities of ex-VVIPs ?

4. how transparent are defense contract / tender procedures ?

5. how you protect whistle blowers / defense personnel who expose illegal defense deals ?

6. why don’t the Election Commission of India fully make public the criminal antecedents of VVIP candidates ?

7. is former union minister mr.jaswanth singh’s words true ? what action ?

8. is former union minister mr.subramaniam swamy’s words true ? what action ?

9. did GOI aid & sponsor LTTE terrorists in srilanka ?

10. did GOI pay any compensation to victim’s of LTTE’s terrorism ?

11. are the charges made by former admiral mr.bhagawath & rear-admiral mr. Arun true ? what action ?

12. how many MPs , MLAs , VVIPs have links with underworld , mafia & terrorist outfits ?

13. how many film stars , sportsmen , politicians have attended the parties hosted by dawood ibrahim & others in gulf & else where ? what action ?

14. are the statements made by former KGB officer mr.mitrokhin true ? what action ?

15. how you are ensuring the safety of whistleblowers ?

 

god save my country , our brave soldiers from traitors in the garb of VVIPs.

 

 

BMW Expose – pointer to failure of indian judicialsystem

- OPEN YOUR EYES SUPREME COURT OF INDIA

 

Recent  NDTV BMW Expose points towards , how rottenour judicial system has become. In a democracy like India , for a common man  judiciary is the last saviour . When thatsaviour himself becomes a demon , to whom he should turn . the said case pointtowards cases involving rich & mighty , whether it is a criminal case ,civil or tax cases , etc , when rich & mighty are involved they purchaseboth defence & prosecution side involving witnesses , governmentofficials  testifying. Those who don’tfall into their lines  are threatened ,assaulted & even murdered.  As awhole the judicial process is derailed. The honest judge who is presiding overthe case remains as a mute spectator & forced to acquit the criminal forfailure of prosecution , for lack of evidences. In some cases , the judgesthemselves are also corrupt , which makes the job much easier for the rich& mighty criminals to go scot-free.

 

Take thecase of editor of e – voice of human rights watch , inspite of suffering numerousinjustices , physical assaults , murder attempts , etc  and repeated appeals to the authoritiesincluding the chief justice of India & president of India , justice is nowhere in sight , police have repeatedly enquired the sufferer of injustice butthey never questioned the perpetrators of injustices. It is the constitutionalduty of president of India &chief justice of India as custodians of law , to safe guard thefundamental rights & human rights of every Indian citizen , but till datethey have failed to do their duty. The supreme court of India has evenfailed to provide information , reply to the application dated 27/04/2007  of editor of this publication seeking  information as per RTI Act 2005.  All theseactions & inactions of supreme court of India & president of India , has emboldened the rich & mightycriminals that they can do any thing in India & go scot-free. In thisback drop , further if any thing untoward happens to editor  of e – voice of human rights watch  or to his family members , to his dependents ,IT IS H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA WHO WILLBE BOTH RESPONSIBLE FOR IT.

 

What  is needed is protection of witnesses , protectionof both defense & prosecution side witnesses , transparency in the judicialsystem , accountability of judges & advocates , code of conduct foradvocates & judges. By these measures alone , we can protect & respect  our constitution of India , citizen’s rights.

 

 

SHOW-CAUSE NOTICE TO  HONOURABLE CHIEF JUSTICE OF INDIA.

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.

you are hereby called upon to SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . in future , with regard to this case if i am called to police station or court , etc, the loss of my wages & the related expenses must be borne by the government. Meanwhile , if anything untoward happens to me or to my dependents,  you will be directly held responsible along with the perpatrators of crime and you are liable to pay rupees twenty lakhs as compensation to the survivors of my family.if none of my dependents survive,donate rupees twenty lakhs to the mother theresa’s MISSIONARIES OF CHARITY TRUST,kolkata.india.

CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA –  SUPREME COURT OF INDIA IN THE WITNESS BOX

In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don’t get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don’t get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges  in the media. In this backdrop  our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest  , threat to life of editor & his family members , etc. there was no reply , no action till date.

As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn’t speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of  honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?

Our publication has highest respect for  the judiciary & all constitutional authorities. It is the corrupt  officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity  & sanctity of the judiciary or else where the common people has to go seeking justice.

Hereby , we  do humbly request the  honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest.

 

History of Corruption in Indian Judiciary since Independence: 1947 – 2003

 

1949: Mr. Justice Sinha  only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him “guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…” [008.07].

Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples’ Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators.

 

1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts’ easy-go-tactic. [049.04] [059.05 ]

 

1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].

Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed ” To Do Complete Justice” by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court !
Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ]

 

1995     A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld.

 

1996     AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement

 

1994 to 1997:  A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting “special” treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion.

 

2000  A.S. ANAND: As Chief Justice of India. (a)  He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A]  [049.05B]  [049.05C]  [049.05D]  [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani’s ” BIG EGOS, small men “.  (b) Supreme Court , while he was CJI,directed   a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani’s ” BIG EGOS, small men “.  

 

2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to “fix” a case in her favour. Justice Mr.· Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned

 

CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are  M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him.

 

2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn’t take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &· Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI  filed its report. Gave clean chit.

 

March 2003 – Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials  in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records 



E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: ” The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”
 
Following Questions / Issues, inter alia , arise

( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its’ Impeachment Order had held thus:”While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent.” [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami’s case , Justice Ramaswami had held that ” Inquiring Committee” as well as ” Inquiry” have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by
3 Judges Committee thus” Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority.”
(c) It will not be out-of place to mention here that Two of “Three Judges Committee ” appointed by CJI in Re. V. Ramaswami’s case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d ) If so how sure can we be that ” 3 Judges Committee ” appointed to invetigate ” 3 Judges Mysore Sex Scandal ” were un-biased or were above Board & have presented an accurate Report ?

 

Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges’ Mysore Sex Scandal
( a)” Will the Supreme Court Publicise Report of ” 3 Judges Committee ” ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of ” 3 Pillars of Constitution ” ?.
(d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said ” Supreme Court is filled with FERA violators & Bride Burners…” ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that “in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates’ places…drink…dine…” (1990 Cr LJ 2179 ) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?



LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India’s Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?

Conscience of Judiciary Shaken: Supreme Court of India: “Police Raj” it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?

“Police Raj” to “Judges Tyranny”: Judges serving all over India have formed an Assocition called ” All India Judges Association “. At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up ” All India Judicial Services ” & ” National Judicial Pay Commission “. Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court

Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.

But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.

 

WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???

In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.

HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by
rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit – were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.

It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are
hiding behind legal immunity privileges & making money. I , e-Voice Of  Human Rights Watch’s Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of india sir ?

 

 

3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police

At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like “Sherlock holmes” and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.

2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.

3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn’t have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.

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

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

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

1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim’s of 3rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva’s report on “torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

 

LAW GUARDIANS THEMSELVES ARE LAW BREAKERS
– POLICE TURNING INTO ROBBERERS IN KARNATAKA

In india corruption has spread it’s tentacles far & wide. Recently karnataka lokayukta has arrested 5 top cops on charges of corruption . in raid he has unearthed crores of rupees worth propperties & cash. Nowadyas police play the role of a mediator in land disputes , property disputes , accident cases , etc. They don’t book the cases as per law , instead they settle it through mediation & in some cases coerces innocents , poor people without backing to come to compromise with rich criminals.

 

They threaten poor people with faslse fix-ups in cases , 3rd degree torture , etc , if they don’t agree to compromise . without an alternative poor people agree to the forced down compromise formula. In the end , mediating cop gets a hefty commission from the rich criminal. The corrupt cops collect mamools from bar owners , transporters , etc to shield their illegal deals. Now as the Mumbai encounter specialisty S.I. DAYA NAYAK’s case is unfolding , it is becoming clear what he did as a S.I OF POLICE are not encounter deaths , cunningly planned & ruthlessly executed supari murders. Mr.daya nayak is not a encounter specialist but a hit man for the under world in uniform. Literally corrupt police are nothing but GOONDAS , ROWDIES IN UNIFORM.


The corrupt habbits of corrupt police die hard. Even if they are posted to C.B.I , VIGILANCE , LOKAYUKTA , etc, they make money by passing on information about raid details. Thereby , they help the guilty to escape. Abiut this issue karnataka upalokayukta himself has expressed his heplessness . lokayukta police are on deputation from state police , lokayukta don’t have any powers to take disciplinary action against his own subordinates , he can recommend it only to his mother organisation. What a paradox. Cops turning into thieves & the lokayukta police who are supposed to book corrupt themselves corrupt.


The politicians in power simply make statements about giving more powers to lokayukta , on record they don’t do any thing. As the corrupt officials are one of the sources of party funds & those
corrupt officials themselves help corrupt politicians in doing corrupt deals & shielding it. H.D kumara swamy chief minister of karnataka has said “I want to send a strong message to government servants that stringent action will be taken against corrupt elements among them without fear or favour. We will empower the Lokayukta with more legal powers to continue its crackdown on all officials indulging in corrupt activities.”


The arrested police personnel are deputy superintendent of police (Bangalore rural) N. Krishnappa, Crime Branch inspector Shami-ur-Rahman, VVIP security inspector N. Narayanaswamy, Koramangala (south Bangalore) inspector Mir Arif Ali and Yeshwantpur (north Bangalore) inspector Shivanna. Lokayukta chief N. Venkatachalaiah said: “It is not about the quantum of money or properties seized but the rot that has set in the system. If lawmakers turn into law breakers, how can people have confidence in them?”


However these corrupt people pay a part of the looted booty to their superiors & political masters , as a result in the end nothing happens out of enquiries or investigations. At the most these guilty person are transferred to another fertile location away from the eyes of people to make more money. in some cases even the guilty corrupt officers are promoted. The fate of over 100 reports of the Karnataka Lokayukta against government servants, facing charges of corruption, is hanging in the balance with the Karnataka High Court declaring that Lokayukta will not inherit the powers of Upalokayukta to take suo motu action, when Upalokayukta’s post is vacant.


Further, the future of about 1,000 cases being investigated by the Lokayukta has also become uncertain as in all these cases the Lokayukta had exercised the suo motu power available only to the
Upalokayukta under the Karnataka Lokayukta Act, 1984. The Lokayukta had invoked suo motu powers and initiated action on complaints against government servants as the State government had failed to appoint Upalokayukta. The post is vacant since April 2002. The Karnataka High Court, in the case between Prof S N Hegde, former vice-chancellor of Mysore University and the Karnataka Lokayukta, has declared that Lokayukta had no jurisdiction to discharge the functions of
Upalokayukta when “no Upalokayukta is appointed”.


The High Court had also clarified that the Lokayukta can carry out functions of Upalokayukta only when Upalokayukta is unable to discharge his duties due to “absence, illness or any other causes”.
However, the Lokayukta was empowered to investigate a case, not defined under the Act, if the Government refers the case to the Lokayukta through a notification, according High Court’s observation.


But the State government, except in a few cases, has neither referred the complaints to the Lokayukta through a special notification nor appointed Upalokayukta so that it can inquire into these complaints. With this, it is clear that in all these cases Lokayukta acted without jurisdiction as government had not referred most of the complaints to Lokayukta when post of Upalokayukta is vacant, said a senior advocate.


In the light of the above observations by the High Court to the most of the cases investigated by the Lokayukta while exercising the powers of Upalokayukta would mean that all the action taken by the Lokayukta would become void ab-initio (not legally binding), observed an advocate. However, the benefit of these judgement would available to the government servants only when they question Lokayukta’s action before the High Court, said an official of the Law Department. “Inaction on the part of the Government in appointing Upalokayukta has seriously affected the painstaking investigations done by the Lokayukta”, said a police officer attached to Lokayukta police wing.

Meanwhile, realising the impact of the High Court order, the State government, apart from preferring an appeal against this verdict before a larger bench, has initiated the measures to clothe the Lokayukta with suo motu powers. According sources, the government was also studying the possibility of giving suo motu powers with retrospective effect so that the reports already submitted by the Lokayukta and the cases under investigation would not become invalid following High Court’s verdict. Lokayukta Justice N Venkatachala and State Advocate General A N Jayaram said that they have decided to challenge this judgement of single judge bench before a division of
the High Court.

However all is not last , there are few sincere hard working police officers in the state police , there are sincere public servants like lokayukta & upa lokayukta , let all of us support them. India will be
a corruption free country.

 

AN APPEAL TO ALL THOSE ON VIOLENT PATH

- O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES
INTROSPECT YOURSELF

 

In India, every human soul is weeping after witnessing massive los of human lives In earth quake , heavy rains & floods. Add to this various natural tragedies. When your fellow countrymen are suffering, in Kashmir militants butchered innocents, in delhi also they murdered innocents through serial bomb blasts.  Recently in maharashtra they made bomb blasts. Kashmiri militants claim they are fighting for kashmiris, when the very same
kashmiris were suffering from loses due to earthquake why didn’t the so-called jihadis didn’t make any relief efforts? Why didn’t their foreign master – Pakistan didn’t make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn’t make appropriate
relief efforts. It is government of India & international community who provided proper & timely relief.

The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your
education , health care or self employment schemes through NGOs. The fact is they don’t want your well being, they don’t want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.

Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent
countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.

In the past, government of India aided tamil separatists, Pakistan terrorists, etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders. Now, in the bomeerang
effects of their actions, innocents are dying in bomb blasts, etc.

Violence breds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must
be against the corrupt system, for that peaceful struggle democracy is the best forum. Don’t be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.

Just imagine yourselves in the place of victims of delhi serial bomb blasts ( 29/10/2005). Your mother & wife are crying, your children are dead , your father’s hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it’s followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.

Let us build ram rajya of mahatma’s dream through non violent means within the existing democratic framework .

 

HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS

-         Another independence  struggle in India needed ?

 

After 60 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, HRW 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 HRW & obstructed him from performing his fundamental duties. Still, HRW believes in peace , democratic practices. HRW firmly believes that violence should not be practiced by anybody – neither  state nor public.

 

Hereby, HRW 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. Greetings to all my Indian brothers &  sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants.

 

THE FALL OF THE LAST SENTINEL

THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY

 


the four main pillars of democratic setup in india are legislative , judiciary , executive & the enlightened citizens . now, one pillar after the other has started to crumble down paving the way for anarchy in future. in india there are not much of the enlightened citizens around.even the few who are there, are silenced by the criminal nexus while doing their fundamental duties as per the constitution of india.the rest of the citizens are kept in the dark, denied the awareness about democratic dynamics , by choking them for information. in india multi billion dollar defence deals to drainage civil constuction by the munciapality comes under “official secrets act”. eventhough technically some informations does not fall under the purview of O.S.A. the ruling elite does not readily share the information.in democracy INFORMATION & THE EXPRESSION are key to it’s functioning .by denying that key to the citizens the ruling setup alienates them from decision making process .thus, the enlightened citizens the pillar has been razed down to earth by the ruling elite.

 


now, the criminalisation of politics has taken place almost completely in india. those criminals have appointed other criminals to the vital positions in the government .the criminal nexus of CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating the funamental / human rights of crores of indian citizens , robbing them of their national wealth worth billions. thereby other two pillars of democracy the legislative & the executive have fallen down.

 


now, the one & only remaining pillar of democracy in india is the INDIAN JUDICIARY. it is the angel who provides justice to the commonners. now, the tentacles of corruption has engulfed the Indian judiciary too . there are charges against various judges ranging from bribery ,theft ,practice of untouchability ,false affidavit to murder .one judge has been accussed of literally running an AUCTION HOUSE OF JUDICIAL ORDERS in association with the underworld. in that place everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a price of course.

 

 

it is only due to the pioneering efforts of media these scandals have come to light .the judiciary has hidden those scandals in a hush hush manner from the public eye. recently  it was reported in ” deccan herald ” that a district judge of u.p. was acting as a pimp since years & supplying mod girls to politicians. in another report it was stated that a district judge of tamilnadu demanded sexual favours from a woman to give favourable judgement in a case when she refused to do his bidding he allegdely tried to rape her. quite recently, there was a news report about immoral acts of certain high ranking judges in a resort near mysore. it was indirectly implied that certain wowen advocates who were selected as judges were returning the favours immorally to the senior judges (who were in the selection committee) .


i,as a human rights activist have requested various constitutional authorities to provide information about the misdoings of government officials , ministers ,judges & godmen. i didn’t even receive the receipt of acknowledgement. i have even tried to file public interest litigations at the SUPREME COURT OF INDIA ,but to no avail. Even my requests for information  from government authorities including supreme court of India as per RTI Act was not honoured.

 


in my crusade seeking justice for all, i have myself suffered numerous injustices ,my news papers were closed down, i have suffered murder attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE CHAIRMAN OF NATIONAL HUMAN RIGHTS COMMISSION , THE CENTRAL VIGILANCE COMMISSIONER kept mum, didn’t do their constitutional duties inspite of my repeated requests . thereby, they have violated my human rights & fundamental rights & have been obstructed from performing my constitutionally provided FUNDAMENTAL DUTIES.

 

The courts of justice needs evidences to act upon , the public servants don’t give records /  reports which in turn becomes evidences , the public servants by taking bribe makes falsed biased interpretation of law , give favourable reports to rich & mighty ( but false reports ). The courts in turn depending on those false reports acquits rich & mighty , whereas the poor suffers injustices for being unable to produce evidences. The courts have the power , authority for ordering participation of public , aggrieved parties  in the investigation teams enforcing various laws ( thereby the corrupt acts of public servants can be checked ) , but courts don’t excercise that authority. See how the nexus of corrupt public servants – law enforcement agencies – judiciary works in India favouring the rich & subjugating the poor. Ofcourse , there are very few exceptions.

 


TO WHOM SHOULD WE TURN FOR JUSTICE ? WHERE IS PEOPLE’S SELF RULE – DEMOCRACY IN INDIA ,when a citizen is denied of simple information about corruption charges against judges. there are even chances of misuse of contempt proceedings by the judiciary against the seeker of justice. all these misconducts of the ministers,public servants & the judges are aiding the anti socials & in a way acting as catalyst for the growth of terorrism and insurgency in india. HOWEVER THE SAVING GRACE IS THERE ARE STILL A FEW HONEST , SINCERE PERSONS WORKING IN THE INDIAN JUDICIARY, LEGISLATIVE & THE EXECUTIVE. this is an appeal for those few & the enlightened citizens to work together to build a strong ,united & secular INDIA.

 

LEGAL IMMUNITY VS LEGAL PROSECUTION

 

We at HRW , have highest regard & respects for the honest few in public service & parliament. It is only due to the sincere efforts of those honest few , wheel of democracy is turning in India. We salute those honest few public servants. We have highest regards & respect for all constitutional institutions & persons.

In democratic India , as per law all are equal. However due to manipulation of law some are proving to be more than equals. now criminalization of politics , public service is almost complete. There are many accussed persons in Indian parliament & state legislatures as members of the house – as law makers. Some of these members are making contempt of the house , very august office they hold , constitution of India & citizens of India.. these accussed persons are king makers , they can make or break a government. For the fear of  government falling down , their colleagues in the government never give legal sanction to the authorities to to legally prosecute such tainted MPs , MLAs. In this way one helps the other on quid pro quo. As a result , the tainted members misuse the legal immunity privileges. In this backdrop , the recent ruling of supreme court of India is welcome that prior government sanction is not needed to proceed against tainted MPs & MLAs.

Hereby , we urge the GOI & all state governments to answer the following questions :

1)    how many present MPs , MLAs are facing criminal charges ? how many in the past year wise ?what type ?

2)    how many MPs , MLAs are absconders in police records , but are very much present in the house ?

3)    how impartiality of investigations is ensured in such cases ?

4)    why brain mapping , lie detector tests , etc are not used on such tainted public servants to elicit truth , instead of forming committees , CBI enquiry which takes years spending crores finally returning empty handed ?

5)    how many MPs , MLAs , film stars , sports persons have attended parties hosted by anti-national dawood ibrahim abroad ?

6)    how wealth growth of public servants is monitored ?

7)    what action has been taken about former union minister mr.subramaniam swamy’s complaint that late prime minister rajiv gandhi’s family received funds from foreign intelligence agency ?

8)    what action about KGB officer mitrokhin’s revelation in his book that , highest persons in GOI were working for foreign intelligence outfits ? are they still ?

9)    what action about former union minister mr.natwar singh’s complaint of a leak in PMO which leaked out india’s nuclear secrets to foreign countries ? are they still ?

10)  how many MPs , MLAs occupied offices of profit prior to recent amendment to the same section ? yearwise ?

11)  why all of them were not disqualified from the membership of the house ?

12)  how you monitor MPs , MLAs of foreign origin or having spouses of foreign origin or having foreign friends , acquaintances  while in India & their tour abroad , from national security perspective ?

13)  how many bills passed by the parliament / state legislatures approved by the president / governors are pending enforcement due to delay in gazette notification ? year wise ? delay ?

 

Right To Information Emasculated – By Prashant Bhushan

 

The amendments proposed to the Right to Information Act are a substantial roll back of the Act. The persistent manner in which the government is pushing them despite mounting public criticism, indicates that the prime minister has not outgrown his bureaucratic background. The disclosure of the text of the proposed amendments has given the lie to the statement put out by the prime minister’s office to the effect that the amendments actually for the first time empower the citizens to access file notings and that the restrictions relate only to notings on defence and personnel related matters. Apart from the fact that the central information commission had repeatedly ruled that the un-amended Act did not restrict access to file notings, it can be seen that the text of the amendment restricts access to all file notings except “substantial file notings on plans, schemes, programmes of the central government or a state government, as the case may be that relate to development and social issues.” This is done by amending the definition of records in the Act.

This amendment will by itself take the life out of the Act. It is the notings that are supposed to deal with the reasons and rationale for any order or decision of the government. Very often, it is the noting of an honest officer, which explains what is wrong with a proposed decision of the government. In the Panna-Mukta oil deal, it was the noting of the then superintendent of police, CBI, which gave the reasons and circumstances that explained why the decision to hand over ONGC’s developed oilfields to Enron and Reliance was against public interest. Moreover, it is only the notings of various officers which will eventually reveal whether an officer’s role was above board or whether he was acting on extraneous considerations. Thus, notings are often critical for fixing accountability. In the absence of notings, it would almost always be impossible for people to fully appreciate the official rationale for a decision.


Though the amendment restricts notings on most subjects, it may be noted that even if it related to only defence and personnel related matters, it would still be objectionable. This is because information (including notings) on defence and security matters are already exempt under Section 8(1) (a) of the Act, and there is no justification for exempting notings on personnel related matters. The transfers, postings, disciplinary proceedings, suspensions, and promotions of government servants play a critical role in governance. It is well known that there is a lot of corruption and extraneous influence in such matters, which has been having a deleterious effect on governance. Honest officers are often victimised by punishment postings. Corrupt officers are often rewarded with postings on crucial positions. It is well known that bribes are fixed for postings and transfer of officers in “lucrative” departments like police, excise, income tax etc. In Maharashtra, it was discovered in response to an application under the RTI Act, that the postings of most police officers were on the recommendations of the MPs and ministers. By far, the most effective way of checking such arbitrariness in such personnel related matters is by having complete transparency in such matters, so that people can see not just the final decision (which is always said to be on exigencies of service), but also the rationale and the entire decision making process which led to the decision.

It is often said that such disclosure of notings related to personnel matters would inhibit officers from expressing themselves freely and frankly. The truth, however, is that no honest officer is likely to be inhibited from frankly expressing himself for fear that what he writes may become known. It is only the dishonest officer wanting to make a dishonest noting who is likely to be deterred by such transparency. In fact such transparency would act as a shield for honest persons who are less likely to be victimised if the entire transaction were open to public gaze.

Apart from the amendment to exclude file notings, four amendments have been proposed to Section 8 dealing with exemptions, each of which widens the exemptions under the Act. Firstly, the amendment to the proviso to clause (i) of Section 8 now restricts access to cabinet papers to only the actual decisions and reasons thereof, after the decision, rather than to all papers. This is also unreasonable. In a democracy where the cabinet is just the representative of the people, who are the real masters, there is no justification for excluding all cabinet papers from public view, especially after the decision has been taken. If any papers are of a nature that their disclosure would adversely affect defence or security, those are already excluded under Section 8 (a). Similarly, any cabinet paper whose disclosure would be injurious to public interest in any way is already excluded under the various other clauses in Section 8.

Three new exemptions are sought to be inserted in Section 8. The first relates to the identity of officers who “made inspections,observations, recommendations, or gave legal advice or opinions …” Thus this clause seeks to mask the identity of public officials who have played any role in the decision-making, even on developmental and social issues. Again, the object seems to be to save officials from being held publicly accountable by withholding the precise role played by different officials in the decision- making. This is again anti-democratic and without merit.

Another exemption added by the newly introduced clause (k) in Section 8 is to restrict “information pertaining to any process of any examination conducted by any public authority, or assessment or evaluation made by it for judging the suitability of any person for appointment or promotion to any post or admission to any course or any such other purpose.” Again, there is no justification for removing from public scrutiny the process of deciding selections and promotions where there is rampant corruption. The opacity of such systems of recruitment and selection is what is allowing such corruption and arbitrariness to go on. The amendment is designed to allow these bodies to continue with such arbitrary and corrupt appointments and selections.

Notings are supposed to deal with the reasons and rationale for any order or decision of the government. Very often, it is the noting of an honest officer which explains what is wrong with a proposed decision of the government

Another exemption sought to be introduced is to exempt “copies of noting, or extracts from the document, manuscript and file so far as it relates to legal advice, opinion, observation or recommendation made by any officer during the decision-making process, prior to the executive decision or policy formulation”. Such a blanket exemption for restricting all access to the entire decision making, before any decision is made would allow the officials to present every decision, however corrupt and against public interest as a fait accompli. Take the Enron deal for example. With such a clause, it would be impossible for people to know how the then finance secretary had effectively prevented the central electricity Authority from carrying out a financial evaluation of the project, by falsely showing that the finance ministry had carried out such an evaluation. Thus the country came to be saddled with a liability of Rs 10,000 crore, which could have been prevented if the correspondence between the finance ministry, power ministry and the central electricity authority had been accessible and known, before the contract with Enron had been signed. This clause seeks to prevent such examination.

Similarly, many genetically modified foods are in the process of being cleared for release currently, without any transparency about the process of clearance and the various bio safety tests that they have been and have not been subjected to. This amendment will prevent access to this process of clearance until after they have been cleared and irreparable damage to human health and environment has been done.


It can be seen, therefore, that the amendments proposed are not just substantive, but very far reaching which will take the life out of the Act, which only seeks to give effect to the fundamental rights of citizens under Art 19 (1) (a) of the Constitution. These amendments would be clearly unconstitutional as imposing an unreasonable restriction to the citizens’ right to know what is being done by their public servants. In any case, such far- reaching amendments to such a critical statute must not be passed by parliament without sending them to the parliamentary standing committee.

 

The Judiciary: Cutting Edge Of A Predator State – By Prashant Bhushan

 

At a time when the dominant class in India is obsessed with power and when India appears to be at the threshold of becoming an “economic and military superpower”, it is interesting that Tehelka has organized this seminar called, “The summit of the powerless”. Though one hardly sees any powerless people here, or even many who represent them, it is still important that a meeting on this theme has been organized by Tehelka.

It is this obsession with power which is the driving force behind the vision of India of the ruling elite of this country. That is why we see the frequent “power summits” being organized by major media organizations which are dominated by talk of India as an “emerging superpower”, with a booming sensex and a GDP growth poised to reach 8, 9 and even 10%. And it is this power crazed libido of the elite which have made them the cheerleaders of the government which is straining to become the Asian right hand of the United States. This single minded pursuit of a strategic relationship with the US has made us lose our moral bearings as we vote against our old friends like Iran and keep quiet on unimaginable atrocities being committed by the US in Iraq and by Israel in Palestine.

What kind of society is this “power driven” vision of India producing. While the elite celebrate the booming sensex, the consumer boom among the middle classes which the spectacular GDP growth appear to be giving them, the poor are pushed to greater and greater destitution, as the agricultural economy collapses and they are sought to be deprived of whatever little they have in terms of land and other natural resources. After all, when agriculture is not contributing to the GDP growth, why not take away the land, water and other resources from agriculture and give them to the sectors which are leading the growth-the SEZs and the IT industry for example. That (and the opportunity for a real estate killing) explains the stampede for setting up SEZs and IT parks, which will be high growth privileged enclaves, helped no doubt by the cheap compulsory acquisition of land, the absence of taxes, labour and environmental laws. They are envisioned almost as private and self governing States with their own police and courts. It makes no difference to those who hope to occupy these enclaves that India is almost at the bottom of the heap in terms of the Human Development Index, in terms of the percentage of people in the country who have access to housing, food, water, sanitation, education and healthcare.

So as the rural economy is destroyed (partly by agricultural imports) and the poor are deprived of their land, their forests, their water and indeed all their resources, to make way for mining leases, dams, SEZs and IT parks, all of which augur faster GDP growth, the poor get pushed to suicide or to urban slums. Here they struggle for existence in subhuman conditions with no sanitation, water, electricity, and always at the mercy of the weather, corrupt policemen and municipal officials. These slums often exist side by side with luxurious enclaves of the ultra rich who pass by them with barely a scornful glance and regard them as a nuisance who should be put away beyond their gaze. And if the government cannot accomplish that, there are always the courts to lend a helping hand. In the past two years about 2 lakh slum dwellers from the Yamuna Pushta and other Jhuggi colonies of Delhi have been removed on the orders of the court and thrown to the streets or dumped in the boondocks of Bawana (40 Kms from Delhi) and without any sanitation, water, electricity or even drainage. It would be surprising if many of them do not become criminals or join the ranks of naxalites who have come to control greater and greater parts of the country.

What kind of society are we creating? A society which is not only deeply divided in economic classes with a vast chasm dividing them, but also one where the preoccupations of the dominant classes are becoming increasingly crassly materialistic, narcissistic and base. If one were to examine the content of the mainstream electronic media-even news channels, particularly private channels which are the main source of information and entertainment for the middle class elite, one would find that it is characterized by an increasingly vacuous intellectual content and pandering more and more to the baser instincts of sex, violence and a morbid fascination for gossip particularly about the private lives of Bollywood stars. Stories about real people and serious public interest issues have been reduced to mere sound bytes of a few seconds. The interest of the middle classes in and their attention span for serious issues of public interest have been reduced to a vanishing point, as the culture of consumerism and self indulgence has taken over contemporary society. Even as scientific evidence piles up about how the world is headed towards environmental catastrophe due to global warming, not many among our well to do elite have even bothered to understand the issue, let alone bother about tackling the problem. They are oblivious of and unconcerned about the disaster which will certainly affect their children if not themselves during their lifetimes.

A sickness afflicts the soul of the dominant elite of India today. It is a sickness which has led to a total loss of vision and has made us lose our moral bearings. It is this sickness which is allowing us to celebrate our great GDP growth and our emerging superpower status when the majority of our countrymen sink to deeper and deeper depths of destitution and despair. It is this sickness which allows us to rejoice in our becoming the main sidekick of the global bully, while we shut our eyes to the enormous injustice being done to the oppressed people of Iraq, Palestine and other countries at the receiving end of the bully’s muscle. It is this sickness which has produced the vision of the State as the facilitator of this rapaciously exploitative model of development. A vision where the State’s role is seen as an institution which tries to facilitate the maximization of GDP growth. Which naturally requires the State to withdraw from its welfare obligations and facilitate a privatized society run on laissez faire economics. After all, private enterprise, run on the profit motive is the best bet for maximizing GDP growth. It is this model which snatches land from the farmer for the SEZs, the IT parks and the mines. That vision is producing a society which is intoxicated with a kind of development and feeling of “power” which are sowing the seeds of its own destruction in not too far a future. We have become a society of many Neros who are fiddling while the country is on fire.

It is not surprising then that the “powerless” regard the State as predator rather than protector. Even more unfortunately, the recent role of the judiciary which was mandated by the constitution to protect the rights of the people is making it appear as if it has become the cutting edge of a predator State.


There was a time, not so long ago, when the Supreme Court of India waxed eloquent about the Fundamental right to life and liberty guaranteed by Article 21 of the Constitution to include all that it takes to lead a decent and dignified life. They thus held that the right to life includes the right to Food, the right to employment and the right to shelter: in other words, the right to all the basic necessities of life. That was in the roaring 80’s when a new tool of public interest litigation was fashioned where anyone could invoke the jurisdiction of the Courts even by writing a post card on behalf of the poor and disadvantaged who were too weak to approach the courts themselves. It seemed that a new era was dawning and that the courts were emerging as a new liberal instrument within the State which the poor could access to get some respite from the various excesses and assaults of the executive.

Alas, all that seems a distant dream now, given the recent role of the courts in not just failing to protect the rights of the poor that they had themselves declared not long ago, but in fact spearheading the massive assault on the poor since the era of economic liberalization. This is happening in case after case, whether they are of the tribal oustees of the Narmada Dam, or the urban slum dwellers whose homes are being ruthlessly bulldozed without notice and without rehabilitation, on the orders of the court, or the urban hawkers and rickshaw pullers of Delhi and Mumbai who have been ordered to be removed from the streets again on the orders of the court. Public interest litigation has been turned on its head. Instead of being used to protect the rights of the poor, it is now being used by commercial interests and the upper middle classes to launch a massive assault in the poor in the drive to take over urban spaces and even rural land occupied by the poor, for commercial development. While the lands of the rural poor are being compulsorily taken over for commercial real estate development for the wealthy, the urban poor are being evicted from the public land that they have been occupying for decades for commercial development by big builders, for shopping malls and housing for the wealthy. Roadside hawkers are being evicted on the orders of the Courts (which will ensure that people will shop only in these shopping malls). All this is being done, not only in violation of the rights of the poor declared by the Courts, but also in violation of the policies for slum dwellers and hawkers which have been formulated by the governments. Usually these actions of the Court seem to have the tacit and covert approval of the government (and the court is used to do what a democratically accountable government cannot do). Let us examine a few of these cases.

In the Narmada case, the Court recently refused to restrain further construction of the Dam which would submerge thousands of families without rehabilitation even when it was clear that this was not only in violation of the Narmada Tribunal Award, but against their declared fundamental rights. The court’s behaviour in first refusing to hear the matter, then repeatedly adjourning it, then allowing the construction to be completed on the specious ground that they needed the report of the Shunglu Committee, clearly demonstrated a total lack of sensitivity to the oustees and a total subordination of their rights to the commercial interests of those industrialists led by Narendra Modi who are eyeing the Narmada waters for their industries, water parks and golf courses. The gap between the rhetoric and the actions of the Court could not be more yawning.

Meanwhile, as the Narmada oustees were being submerged without rehabilitation, a massive programme of urban displacement of slum dwellers without rehabilitation was being carried out in Delhi and Bombay, also on the orders of the High Courts. Sometimes on the applications of upper middle class colonies, sometimes on their own, the Courts have been issuing a spate of orders for clearing slums by bulldozing the jhuggis on them, on the ground that they are on public land. Some of this is being done with the tacit approval of the government, such as the slums on the banks of the Yamuna which are being cleared for making way for the constructions for the Commonwealth games. And all this, without even issuing notices to the slum dwellers, in violation of the principles of natural justice.

This was not all. The Court’s relentless assaults on the poor continued with the Supreme Court ordering the eviction of Hawkers from the streets of Bombay and Delhi. Again, turning their backs on Constitution bench judgements of the Court that Hawkers have a fundamental right to hawk on the streets, which could however be regulated, the Court now observed that streets exist primarily for traffic. They thus ordered the Municipality and the police to remove the “unlicenced hawkers” from the streets of Delhi. All this again without any notice or hearing to the hawkers. This effectively meant that almost all the more than 1.5 lakh hawkers would be placed at the mercy of the authorities, since less than 3 percent had been given licences.
More recently, the Delhi High Court has ordered the removal of rickshaws from the Chandni Chowk area, ostensively to pave the way for CNG buses. This order will not only deprive tens of thousands of rickshaw pullers of a harmless and environmentally friendly source of livelihood, it will also cause enormous inconvenience to tens of thousands of commuters who use that mode of transport.

Several recent judgements of the court have grossly diluted the various labour laws which were enacted to protect the rights of workers. The government has been wanting to dilute these laws for bringing about what they call “labour reforms”, in line with the new economic policies, but they have been unable to do so because of political opposition. The courts have thus stepped in to do what the government cannot do politically. They have not only diluted the protection afforded to workmen by various laws but have openly stated that the Court’s interpretation of the Laws must be in line with the government’s new economic policy- a fantastic proposition which means that the executive government can override parliamentary legislation by executive policy. The same proposition was enunciated by the Supreme Court in the Mauritius double taxation case, where the court said that the government can by executive notification give a tax holiday to Mauritius based companies, even though it is well settled that tax exemptions can only be given by the Finance Act which has to be passed by Parliament. Thus we find that the Courts are becoming a convenient instrument for the government to bypass Parliament and implement executive policy which is in violation of even Parliamentary legislation. This congruence of interest between the executive and the courts is most common when it comes to policies which are designed to benefit the wealthy elite.

One important reason why the court can do such things is because it is completely unaccountable. The executive government must seek reelection every 5 years which acts as a restraint on its anti poor policies. The court has no such restraint. There is no disciplinary authority over judges, with the system of impeachment having been found to be completely impractical. On top of this, the Supreme Court has by a self serving judgement removed judges from accountability from even criminal acts by declaring that no criminal investigation can be conducted against judges without the prior approval of the Chief Justice of India. This has resulted in a situation where no criminal investigation has been conducted against any judge in the last 15 years since this judgement despite common knowledge of widespread corruption in the judiciary. Even serious public criticism and scrutiny of the judiciary has been effectively barred by the threat of contempt of Court. And now, they have effectively declared themselves as exempt from even the right to information Act. Is it surprising then that they suffer from judicial arrogance which enables them to deliver such judgements.

This has bred and is continuing to breed enormous resentment among the poor and the destitute. Feeling helpless and abandoned, nay violated by every organ of the State, particularly the judiciary, many are committing suicides, but some are taking to violence. That explains the growing cadres of the Maoists who now control many districts and even States like Chhatisgarh. The government and the ruling establishment thinks that they can deal with this menace by stongarm military methods. That explains why the government relies more and more on the advice of former cops like Gill and Narayanan and why there is talk of using the Army and Air Force against the Maoists. Tribals in Chhattisgarh are being forced to join a mercenary army funded by the State by the name of Salva Judum to fight the Maoists. But all this will breed more Maoists. No insurrection bred out of desperation can be quelled by strongarm tactics. The very tactics breed more misery and desperation and will push more people to the Maoists.

Unless urgent steps are taken to correct the course that the elite establishment of this country is embarked upon, we will soon have an insurgency on our hands which will be impossible to control. Then, when the history of the country’s descent towards violence and chaos is written, the judiciary of the country can claim pride of place among those who speeded up this process.
We desperately and urgently need a new vision for the country as well as for the judiciary. We need to rediscover and perhaps reinvent the concept of the State as a welfare State. Our judiciary was created by the British who created it mainly to protect the interests of the empire. That is one of the reasons why it in inaccessible to the common people. We need to reinvent the judiciary in line with a new vision for India. A judiciary which will really be people friendly, which can be accessed without the mediation of professional lawyers and which will consider it its mission to protect the rights of the poor. Unless we can demonstrate the capacity to form that vision and translate in into action, we are headed for serious trouble.

 

MEGA FRAUD  BY  GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver  + non performing assets of  banks to the tune of Rs. 200 000 crore

·        An appeal to Honourable Supreme Court of India

 

India has become an IT power , taken giant strides in the field of  science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of  naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of  drinks , non-veg foods not at their papaa’s  expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security  even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it’s dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it’s worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don’t pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of  such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off  dues cann’t be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE  DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa’s property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and  more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04th January 2007. just look at this in the backdrop of “QUESTIONS FOR MONEY BY SOME MPs” and “MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL”. The government is always unresponsive , careless towards  the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it’s services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,

1.      to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.

2.      to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading  like – selling products , materials  , shares to their sister concerns at discounted prices  or buying products , materials  , shares from their sister concerns at inflated prices or  lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.

3.      to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.

4.      to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.

5.      to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.

6.      to put behind bars tax officials who have helped such corporates in  swindling public money.

7.      to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.

8.      to recover & protect public money at any cost.

9.      to confiscate all money , properties possessed by directors of such criminal corporates  & properties of corrupt bank , tax officials , public servants.

 

 

ARE YOU SINCERELY READY TO CATCH TAX  THEIVES ?

·        AN APPEL TO UNION FINANCE MINISTER & KARNATAKA STATE FINANCE MINISTER

 

 

In india , tax compliance is worse. In our criminal justice system, there is rigorous imprisonment for a pick-pocketer stealing Rs.10. even the authorities spend thousands of rupees in legally prosecuting him & the thief spends a year or more as punishment behind bars. Where as there is no commensurate investigation nor  legal prosecution nor punishment  for corporate thieves , evading tax to the tune of crores of rupees. In contrast, those tax thieves pay a part of that booty to the ministers & political parties and get crores of rupees tax exemptions , incentives from the government. Government is rewarding corporate criminals.

The tax officials of central & state governments are hand in glove with these corporate criminals & traders. For a price, they are helping corporates & traders in evading tax. Most of the tax officials are wealthy & leading luxurious  lifestyles , much beyond the scope of their legal income. The black money thus generated every year by tax evasion , is many times more than our total annual budget allocation. As a result, all our fiscal reforms fail & inflation is soaring. This black money is the source of illegal funding of political parties , terrorist outfits & underworld. It is a greater threat to national unity & integrity.

Both the central government & karnataka state government  have failed to collect the full , actual tax dues from corporates & traders. As a result , the governments don’t have enough money in their coffers  even to provide basic needs like health care , education , safe drinking water , etc to the poor & needy. For every Rs.100 tax evaded , one poor patient is dying without medical care , 10 poor persons lack education , 100 persons don’t get safe drinking water , 100 persons barely survive on a single piece meal per day , 20 persons starve. Most of The government officials , ministers & people’s representatives who have deliberately failed in their duties of tax collection & welfare of poor citizens , SHAMELESSLY indulge in luxurious lifestyle at the expense of poor tax payer . they live in paltial bungalows , chauffer driven AC cars , all living food expenses paid by exchequer , dine at 5-star hotels , only drink bottled mineral water ,  eat non-vegetarian dishes , drink alcohol  sitting before mahatma gandhi’s photograph & preaching mahatma’s ideals. Mahatma preached & practiced simple living , vegetarianism & he was teto teller , he paid for his expenses from his earnings . these public servants are parasites , who are making merry at the expense of tax payer.

Some non government organisations ( NGO) have formed trusts and under the aegis of those trusts are running educational institutions , hospitals , community halls , etc , in the name of providing free / subsidised services like education , health care , etc to the poor. It is only in record books , they conduct fake medical camps , self employment training camps . in practice they are running these educational  institutions , hospitals & community halls as commercial enterprises & collecting huge fees. they are not even  remitting full fees collected to the trust account & swindling the money. no outsider is allowed to become a member of these NGOs , only their cronies & their family members are in these trusts.

Numerous NGOs promoted by religious bodies , mutts  are swindling public & government money to the tune of crores of rupees. Nobody dares to question  the heads , pontiffs of these mutts , as at his feet VVIPs , ministers fall down. These religious bodies are hot beds of fundamentalism , terrorism  & mafia.  Hwere is the accountability of religious bodies & political parties in in india ?

Inspite of bringing specific cases to the notice of authorities , they are mum ? hereby , HUMAN RIGHTS WATCH offers it’s services ( subject to conditions ) to the governments of india & karnataka , in apprehending the criminals – tax evaders. Are you ready mr.Chidambaram sir & mr.Yediyurappa sir ? If you are ready to do your duty look into the following cases , take appropriate action & kindly inform me about the outcome.

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ????
-improper functioning of democracy in india

the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a position to manipulate , enact laws favouring , benefitting the criminals their cronies.


Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn’t even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it’s verdict awarding damages worth Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr. Pramod mahajan.


Various indian & multinational companies are looting indian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing.


In india, indirect democracy is the form of governance. In this form, people’s representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it’s peak. The lobbying is a gentleman’s white collared crook’s  way of forming favour seeker’s group , creating a corpus to pay lumpsum bribe & influencing decision making.
The people’s representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.


Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It’s sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU  M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it.


The “ strategic dis investment issue “  comes before the parliament for legislation / approval. The ruling party issues a party whip to it’s members to vote in favour of dis investment.  However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.


On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 58 years in india.


In democracy, party whip ,  MP or MLA’s own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent’s  of his constituency , people’s  wishes aspirations are of primary importance & supreme. What people need is a honest representative, who simply delivers the people’s aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people’s representatives must be true postmans.


Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it’s true form.

 

AN OPEN APPEAL TO JUSTICE  SHRI. K.G.BALAKRISHNAN  ,  HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

Recently , in the media an interview with the present chief justice of India was reported. In the interview the honourable CJI  stated that he is against any compulsory disclosures to be made by judges ie he is against any external supervision of judges performance , as any self respecting judge would not like this.  He is for voluntary disclosures by judges themselves. It is true , thinking on the same lines, our constitutional forefathers thought that only people with self respect , personal integrity  will come to occupy high constitutional offices in parliament , legislature & judiciary , as at the dawn of independence there were great educationists , statesmen in parliament , judiciary , in the whole of public service . that is the reason they have left out blank in drafting disciplinary proceedings against erring judges , ministers , MLAs , MPs. They have not even dreamt of the present situation, now see the opposite individuals facing murder , rape , extortion charges are in parliament , state legislatures, corruption is rampant in judiciary. These facts have been publicly acknowledged by union cabinet ministers , supreme court judges themselves. This problem has grown out of proportion due to failure of self regulation , transparency by judiciary & parliament.

Even certain technicalities , actions of the  judiciary are biased for the rich & mighty. The cases of  commoners drag on for years , months without a hearing whereas the special leave petitions  which only rich can afford & other cases which the judge thinks urgent  comes for hearing at the shortest  time & even interim orders are issued.  The judiciary in convenient cases initiates suo-motto action  based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.

Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained  beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail  for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ?  what about poor people who unable to bear police 3rd degree torture confess to crimes they have not committed & suffer punishment – some times even death sentence , what about their self respect ?

Nowadays numerous scandals  involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties  raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it’s findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.

In the same manner , senior judges  facing charges of irregularities / corruption  are either asked to resign or not allotted any judicial work. Only in rarest cases  impeachment motion is brought about by parliament.

In this manner on quid pro quo basis the functioning style , action time  of  judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?

Resignation from office or not allotting any work to tainted constitutional functionary is not complete  equitable justice ? what about the legal prosecution for their wrong doings ?

Just see the recent media reports about justice bhalla. See the recent reports in “vijaya karnataka’ about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits  afterwards. Naturally, corruption spreads.  Just remember “ROOST RESORT SCANDAL” involving selectors- high court judges & the candidates  – newly selected women judges.

The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people’s fundamental rights. Ofcourse , there are honest persons in public service – judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues . JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

 

WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???

 

In the media , recently there were reports about irregularities about Justice Bhalla who is awaiting promotion as chief justice of high court. In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.

HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by
rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit – were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.

It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are
hiding behind legal immunity privileges & making money. I , e-Voice Of  Human Rights Watch’s Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of india sir ?

 

ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED

In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones – the judges will give favourable judgements when the cases of these godfather’s & their cronies comes before them – the prodigal sons. As in other wings of government , corruption has spread it’s tentacles far & wide in the judiciary also. Remember “ roost resort”scandal” – wherein the newly selected women judges were returning favours immorally to their selectors – high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.


Our constitution has given independence to judges , to freely make their own inference , interpretation of
law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don’t have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as “ contempt of court” , the commonman is punished & the voice seeking the truth is silenced forever.


The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land
appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of India to give me information about the following :


1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?


2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?


3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?


4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?


5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.


6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?


7.are judges more equal than the citizens of india?


8.why don’t the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?


9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?


10.why don’t the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?


11.why you have not registered previous appeals of HRW , as PIL & not responded till date?

12. the judiciary – honourable supreme court of India itself is violating my constitutionally guaranteed  FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?


We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india’s unity & integrity, than terrorists. Hereby, HRW offers it’s services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

 

AN APPEAL TO HONOURABLE REGISTRAR-GENERAL SUPREME COURT OF INDIA & HONOURABLE REGISTRAR-GENERAL HIGH COURT OF KARNATAKA

 

In the past , police have apprehended tricksters who have given wide advertisements in the media publishing vacancies in reputed  or  some times fictious companies. The tricksters used to collect application fees by way of  DD from desiring candidates and used to vanish even without conducting interviews , fully taking advantage of rampant unemployment problem in India.  Now , Karnataka state judicial department has duped umemployed youths with the same trick.  They have called for various positions in the year 2003 vide notification  :  

registrar, city civil court, bangalore ( NO: ADM/E(A)/422/2003) &

registrar, district & sessions court, mysore ( NO: ADMN/A/10825/2003).

Till date , there is no reply from them. As per RTI Act when information was sought from them , they replied that they have not yet conducted the interview & awaiting law department’s  sanction. How come they have started the recruitment process without the law department’s approval ? is it not cheating of the unemployed youths of their application fees & most importantly their precious careers ? what action ?

the judges & judicial officers are independent as per law and are not the servants / employees of any state or central government. So, they are basically ineligible to be members of the “ KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEE’S HOUSING CO-OPERATIVE SOCIETY”. However , judicial officers from the rank of munsiff judges to chief justice of India have become members of the said society & were allotted prime lands worth crores of rupees for a few thousands at judicial layout , yelahanka , Bangalore. While the genuine members of the society like clerks , peons , etc in the state judicial department  are waiting for the sites. Has the powers that be in government of Karnataka , repaid  favours in this manner ? what action ?

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) 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.

4) 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.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

8) 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 ?

9) 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 ?

10) 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 ?

11) 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.

12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

13) 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 ?

14) 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. ?

15) 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 ?

16) 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 ?

17) 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) ?

18) 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 ?

19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

21) 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 ?.

22) What is the criteria for admitting a P.I.L. & giving free legal aid ?

23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

Questions to hon’ble speaker of loksabha & election commission of India

The practice of favouring their cronies is prevalent in Indian politics since long. The vohra committee report & various scams down the line till date , has proved the criminalisation of politics in India. The recent “ questions for money” & MPLAD scams by few MPs has once again reinforced the fact. The kick backs received by union communications minister mr.pramod mahajan , from the reliance , proved that our ministers will legislate new laws or amend existing laws to favour one or more industrial groups / lobbies for money. The KGB officer mitrokhin files proved how the highest VVIPs have traded national secrets , national economic interests for money. In the media , reports about presence of movie stars , MPs , MLAs & ministers at the parties hosted by underworld dons at gulf countries in the yester years are coming out now. These are just tip of the iceberg , the density of criminals in parliament , other legislative bodies is much more than in the outside civil society. These criminals are more deadlier than pakistani terrorists.


Hereby , HRW urges hon’ble speaker of loksabha & hon’ble chief election commissioner , GOI , to answer the following questions not to hide any thing , to uphold the dignity of the house & constitution of India :

1. how many MPs , MLAs , corporators , municipal councilors , panchayath members have filed false affidavits , during filing of nomination for election ?

2. how you cross- check their affidavits ? during appointments from the post of peon to gazzetted officer in
government service , police verification check of candidates , their clearance is mandatory. Especially for appointments in sensitive departments like space , defence , atomic energy , etc , double check is done by IB &
CBI. Even after joining the service, an eye is kept on them by intelligence people. All these checks are right in the interest of national security. However, for MPs , MLAs , who become cabinet ministers , who become members of parliamentary advisory bodies , who legislate laws , who are privy to numerous national secrets , defence secrets , economic secrets , no check is done by police or intelligence people nor an eye is kept on them after they get elected , why ?

3. how you keep an eye on MPs , MLAs who have spouses , relatives of foreign nationalities , who have foreign business relations ? during their trips abroad ? their economic activities in India & abroad ?

4. how you verify the property / wealth details of MPs , MLAs before & after election ?

5. why you are giving blanket legal immunity privilege to all ministerts , MPs , MLAs , irrespective of merit of their actions ?

6.whenever a criminal charge is leveled against a MP or MLA or minister , instead of forming time consuming enquiry committees – brushing the charges under the carpet , why not the accussed are subjected to lie detector tests , brain mapping tests & poly graph tests to ascertain the truth ?

HUMAN RIGHTS WATCH has utmost respect to the constitution of India & Indian parliament &  acknowledges the fact that still a very few honest people are there. This is an effort of an Indian citizen in
discharge of his fundamental duties – to uphold the dignity of house & costitution of India. Nobody is above law & nobody is more equal than citizen of India.

 

CRIMINALS IN SEATS OF POWER

In India even after 59 years of india’s independence , the lives of commonfolk is becoming worse year after year. The criminals in power are looting the state exchequer & are posing a greater threat to india’s unity & integrity than the terrorists & foreign powers. These bandicoots think that the state exchequer is their papa’s property , their seat of power inherited throne. The politicians , bureaucrats , police in power are treating commonfolk like slaves. Constitution of India is only in writing , it is neither followed in letter nor in spirit by the powers that be. Who ever raises his voice against the gross injustices , these crimes , his voice is silenced forever. Example : murders of satyendra dubey of NHAI & manjunath of IOC.

HRW has raised various issues of crimes committed by VVIPs , powers that be since years. The highest constitutional functionaries are not acting upon my complaints , police are not registering my complaints , the apex court is not registering my complaints as PIL & the legal aid boards are not providing legal aid , as per the provisions of law. All this proves that the criminals – powers that be are helping one another on quid pro quo
basis. They are making contempt of constitution of India , Indian citizens & are violating the fundamental & human rights of Indian citizens. These criminals have scant respect for law of the land & citizens.

To silence the voice of editor of HUMAN RIGHTS WATCH , the criminals manipulated the recruiting processes at various government organizations to deny him jobs , they made threats of fix-ups , 3rd degree torture by police , they made murder attempts on me , they closed my news paper publication , they physically assaulted me & prevented me from appearing before the JAIN COMMISSION OF ENQUIRY. Now, once again they have hacked my home page  forced website providers to close my newspaper.

HUMAN RIGHTS WATCH will continue in it’s legal ,democratic crusade what ever may come as a result . if any crimes are perpetrated on me or my family members , hereby I declare that both H.E. PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA will
be jointly responsible for it as the ultimate custodians of law. Both
of them are liable to pay Rs.20 lakhs compensatrion from their
personal pockets , to the survivors of my family. If none survives ,
the said amount must be donated to the missionaries of charity ,
kolkata , India.
Hereby , HRW offers it’s services ( subject to
conditions) to the government of India & government of Karnataka , in
apprehending criminals , corrupt police personnel , bureaucrats , tax
evaders , etc. JAI HIND . VANDE MATARAM.

Your’s sincerely,

Nagaraj.m.r.

Questions to hon’ble speaker of loksabha & election commission of
India

The practice of favouring their cronies is prevalent
in Indian politics since long. The vohra committee report & various
scams down the line till date , has proved the criminalisation of
politics in India. The recent “ questions for money” & MPLAD scams by
few MPs has once again reinforced the fact. The kick backs received
by union communications minister mr.pramod mahajan , from the
reliance , proved that our ministers will legislate new laws or
amend existing laws to favour one or more industrial groups / lobbies
for money. The KGB officer mitrokhin files proved how the highest
VVIPs have traded national secrets , national economic interests for
money. In the media , reports about presence of movie stars , MPs ,
MLAs & ministers at the parties hosted by underworld dons at gulf
countries in the yester years are coming out now. These are just tip
of the iceberg , the density of criminals in parliament , other
legislative bodies is much more than in the outside civil society.
These criminals are more deadlier than pakistani terrorists.
Hereby , HRW urges hon’ble speaker of loksabha &
hon’ble chief election commissioner , GOI , to answer the following
questions not to hide any thing , to uphold the dignity of the house
& constitution of India :

1. how many MPs , MLAs , corporators , municipal councilors ,
panchayath members have filed false affidavits , during filing of
nomination for election ?

2. how you cross- check their affidavits ? during
appointments from the post of peon to gazzetted officer in
government service , police verification check of candidates , their
clearance is mandatory. Especially for appointments in sensitive
departments like space , defence , atomic energy , etc , double check
is done by IB & CBI. Even after joining the service, an eye is kept
on them by intelligence people. All these checks are right in the
interest of national security. However, for MPs , MLAs , who become
cabinet ministers , who become members of parliamentary advisory
bodies , who legislate laws , who are privy to numerous national
secrets , defence secrets , economic secrets , no check is done by
police or intelligence people nor an eye is kept on them after they
get elected , why ?

3. how you keep an eye on MPs , MLAs who have spouses ,
relatives of foreign nationalities , who have foreign business
relations ? during their trips abroad ? their economic activities in
India & abroad ?

4. how you verify the property / wealth details of MPs , MLAs
before & after election ?

5. why you are giving blanket legal immunity privilege to
all ministerts , MPs , MLAs , irrespective of merit of their
actions ?

6.whenever a criminal charge is leveled against a MP or MLA or
minister , instead of forming time consuming enquiry committees –
brushing the charges under the carpet , why not the accussed are
subjected to lie detector tests , brain mapping tests & poly graph
tests to ascertain the truth ?

HUMAN RIGHTS WATCH has utmost respect to the constitution
of India & Indian parliament & acknowledges the fact that still a
very few honest people are there. This is an effort of an Indian
citizen in discharge of his fundamental duties – to uphold the
dignity of house & costitution of India. Nobody is above law & nobody
is more equal than citizen of India.

GROWING CORRUPTION IN COURTS CAUSES AND REMEDIES   Litigants Welfare Forum  (LWF) organised a discussion on Growing  Corruption in Courts—Causes and Remedies in Bombay on 7th March.  55  persons were present. The number was larger than at the meeting organised  recently by the Maharasthra Govt. on Corruption in Govt. Deptts. Dr. Leo Rebello, the President of LWF, in his inaugural address said,  “If we allow the growing corruption in courts, the last bastion of civil  society, then it is not good for us or for posterity”. He gave several  examples of corruption or sloth in the courts. (a) The no. of magistrates, judges who “doctor” the orders, reports,  judgments through facilitating advocates (fixer advocates), he said was  growing alarmingly. (b) Eventhough Labour and Industrial Courts were established to look  into the welfare of the toiling masses, the cases were mostly decided in  favour of the employers. He further informed that his wife was one of  the victims of such corruption in the Labour Court and presently the  case was pending in the Bombay High Court and statement against the  corrupt Labour Court Judge has been recorded by the Special Investigation  Department of the Bombay High Court.  © He castigated the Special Investigation Department of the Bombay  High Court and the Bar Councils for slow functioning, as a result of  which corrupt advocates, he said, were becoming bolder and bolder. He cited  his case against Adv. KKV Kurup, pending in the Bar Council for the  last 3 years to the detriment of a cancer patient Mrs. Agnes Patole. (d) He also gave an example of how one Member of the MHRC was appointed  simply because he was the son-in-law of a politician and how that  gentleman sat in the court and talked on his mobile phone. Why should judges  carry mobile phones into the courts, he questioned and added,  “depending on the message received the judges decide”. This he termed was  “telephone justice”. After giving several such examples, Dr. Leo Rebello meaningfully added,  that criticising was easy but finding out the causes and prescribing  remedies with an intent to improve matters was not easy. He then gave  several suggestions as under, all of which were appreciated by the  audience with thunderous applause. 1.. ACPs appointed as SEMs in Bombay were the worst offenders. To  extract money they initiate chapter proceedings even on law-abiding citizens  and indulge in double jeopardy. He suggested that ACPs should not be  appointed SEMs and over a million petty criminal cases in Mumbai alone  will be reduced. 2.. He informed that the SC was toying with the idea of appointing  Special Magistrates. He said that they should be eminent persons with  experience of atleast 5 years in the field of human rights, with courage of  conviction, competence and those good at languages and human  psychology. These Special Magistrates need not be from the legal fraternity or  retired people. 3.. There should be Judicial Clerks to help Magistrates and Judges  and/or Desk Judges to read petitions and prepare brief summary of the case  to cut short the lengthy procedures. Judges should then be able to give  immediate judgments by reading what is on record and with one or two  hearings, strictly by the merit of the case.   4.. No civil or private criminal cases should be admitted without  hearing both sides, no police custody or jail custody be given routinely  based on police version, he said and added that the police department has  become the most organised gang of criminals today and indulge in false  cases rampantly.  5.. Legal expenses should not be tax deductible. Once that minor change  is made then millions of cases taken in appeal routinely, more to  harass rather than for justice, will be reduced, he observed. 6.. Judges should be sent periodically for training. Most of them lack  in several departments. They should also interact with various NGOs for  sensitization on issues and should be taught to write Accurate, Brief  and Clear orders or judgments. 7.. Immunity given to public servants should be removed so that they  could be prosecuted for false cases. In that case accountability will be  established, he felt. 8.. Human Rights Commissions should be allowed to intervene and be  given the powers of the HC to withdraw criminal cases in which prima face  substance of false implication is found. 9.. In Consumer Courts, Family Courts, strictly no lawyers should be  allowed and more than three adjournments should not be given. Dr. Leo Rebello, the eminent social worker, President of Litigants  Welfare Forum and also of All India Letter-writers Association, then read  out his suggestions submitted in 2002 to the National Judicial  Commission for the appointment of Judges of the Supreme Court and appointment  and transfer of Chief Justices and Judges of the High Court (Constitution  98 Amendment Bill 2003), which has since been enacted into a law. (a) At the time of appointment of HC/SC judges, the aspirants should be  given IQ, EQ and SQ tests. These three tests + the Aptitude Test will  give a complete profile of the aspirant HC/SC judge. (b) Like an Affidavit is mandatory for contesting candidates  (MPs/MLAs), similarly an Affidavit regarding properties/assets held by the  aspirant HC/SC judges should be made mandatory, to keep the corrupt out of  the high offices of constitutional authority. © Appointment of judges on SC/ST/OBC basis may be made if the person  is also qualified and competent, not simply because a certain quota is  to be met. (d) In addition to legal qualifications, social work experience of  atleast 5 years should be made mandatory.   (e) Some civilian judges (without legal qualifications), but based on  ideas, vision, social work experience, should be appointed, since we do  not have a Jury system. (f) All Judges of the HC/SC be put on probation for atleast one year  and training be given in the departments in which they lack, for example  logic, drafting, finer points of law, constitutional provisions,  international protocols, etc. (g) Every five years HC/SC judges should be asked to submit Affidavits  declaring their and their family’s assets, properties and incomes duly  authenticated by the CAG to take care of hidden income disproportionate  to the known sources of income. This will help stop growing corruption  in the judiciary to a large extent. (h) HC/SC judges should be sent abroad every 5 years, for a month’s  study tour to fine-tune their ideas, upgrade their experience and improve  their legal acumen and vision. (i) They should be removed if the National Judicial Commission upon  enquiry were to find the judge guilty of the charges levelled against him  or her. (j) The salaries and perks of the HC/SC judges should be equal to the  State/Union Cabinet Minister and lower than the Governor of the  State/President of India. (k) There should be atleast 1/4th women judges to balance the bench. (l) These norms should apply in the appointment of Members of National  Judicial Commission too and the term of such a commission should be of  10 years. The eminent social worker concluded his talk with one final and far  reaching suggestion of setting up benches of the Supreme Court in 4 major  cities to begin with and then in every State capital.  This provision  is made in Article 130 of the Constitution of India he revealed and said  that he has been fighting for implementing the said provision for last  about 20 years.  He said if he was the President of India, he would  first attend to this. Speaker after speaker from the platform as also from the audience felt  sorry about the growing corruption in courts.  Mr. Arun Saxena, President of International Consumer Rights Protection  Council gave statistics and examples of how things were deteriorating  in the Consumer Courts. He talked of the PRO and Clerks accepting bribes  openly and of rat eaten files as also of files disappearing altogether.  He suggested computerization of consumer courts. Mr.Ronald Rebello  added that Maharashtra Consumer Redressal Commission has stopped hearing  fresh cases because of arrears. He asked whether courts can take such an  unilateral action and why the High Court was not taking suo motu action  on this. Mr. Edrich Miranda, Hon. Secretary, National Campaign Against  Corruption, working in Thane district listed out litany of complaints  of not only corruption, but also of inefficiency in the lower courts and  read out a letter from the Supreme Court registrar which, he said, was  rubbing salt over the wound. Adv. Shrirang Khambete, practising in  Thane courts said that arguing a case before lower court judges with the he  Justice Retired S.M.Daud, of the Bombay High Court, said that he was  concerned about over 3 crore cases pending and blamed the Govts. for not  filling up the vacancies.  He felt that litigants should not be charged  any court fee, because going to courts means failure of the system. He  said that the Court’s time should be increased from 9 am to 6 pm and  all those long vacations should be done away with. 52 Sundays, 52  Saturdays, public holidays and the regular leave (earned leave, casual leave,  sick leave) should be enough, he opined.  Mr. Joseph Fernandes, Founder President of Litigants Welfare Forum, Dr.  Aboobakar Thwahir, Secretary-General of All India Letter Writers  Association, Adv. Sanjeev Kanchan, President of Citizens Organisation for  Public Opinion, Mr. S.K.Shetty, Social Worker, and two Swedish students  and atleast half-a-dozen advocates were present. A disgruntled senior  citizen residing in London, but in Mumbai to fight long pending property  cases, felt that there was no hope for India because of growing  corruption. Dr. Thwahir concluded that much change can be brought by  implementing suggestions given by Dr. Leo Rebello. What was needed was that the  citizens work in unison.  Cross posted: consumercourt

 

One law for the people and another for the lawmakers—By Mahi Pal Singh

Corruption has hardly been an issue in this otherwise great country
of ours, particularly if it is corruption among our politicians. We
have had many such cases in the past. One of them was the case of
kickbacks in the purchase of Swedish field guns named Bofors during
Rajiv Gandhi’s tenure as the Prime Minister of the country in which
Rs.64 crores were paid as kickbacks. Though the country’s voters
threw his government down and some military officers were sacked,
nobody, including any politician, has got any punishment in the case
till date.

To save Narsimha Rao’s government from being toppled through the no-
confidence motion in the Lok Sabha crores were paid to Members of
Parliament belonging to Jharkhand Mukti Morcha, including its head
Shibu Soren and the media reported in great details how banks worked
overtime for counting the cash deposited in the bank accounts of
politicians to secure their votes against the no-confidence motion,
yet our justice administration system failed to punish any of the
bribe givers or takers and all of them occupy seats of honour and
power today. Electronic media showed a cash of five crores
discovered in the house of Sukh Ram which was allegedly paid in the
telephone purchase scam, but he conveniently escaped being convicted
in the case and was later wooed by the same BJP leaders in their
scramble to come to power who did not allow Parliament to transact
any business for days together raising the issue of corruption in
the matter and action against him. In the Hawala case, too, no
politician named in the much publicized Jain diary was punished
although some of the politicians confessed on the TV screen that
they had taken the cash as mentioned in the diary.

In the latest sting operations called ‘Operation Duryodhan’
and ‘Operation Chakravyuh’ conducted by Cobra.com Members of
Parliament were shown accepting cash for asking questions in
Parliament and demanding commission for doing developmental tasks
out of Members of Parliament Local Area Development Scheme (MPLADS)
fund respectively. The former case received immediate attention of
the two houses of our national legislature and the eleven Members of
Parliament involved in the case were expelled from Parliament
because it involved the honour and credibility of all Members of
Parliament because our Members of Parliament wanted to maintain
their credibility and image even in the face of an exposure, showing
such brutal murder of parliamentary norms and shameless lust for
money, on the TV screen, though it is difficult to assess how
successful this effort will be in achieving its desired effect. The
only saving grace was that no member of the left parties was shown
indulging in corruption in the two sting operations. ‘Operation
Chakravyuh’ is yet to catch the attention of our Parliament.

Only a few months ago the Speaker of Lok Sabha, Comrade Somnath
Chatterjee had raised doubts about the utility of continuing MPLADS
because it is nothing but a means of adding to the corruption
already prevalent in our elected leaders. Otherwise, too, there are
doubts regarding the utility and legality of this schemed as it
overlaps the functions of Panchayats and municipal bodies. People
only become skeptical whenever MPs demand a rise in the amount
allotted to them under the scheme.

But the moot question that remains to be answered is – What
punishment our elected leaders get for indulging in corrupt
practices apart from the political fallout of being caught in the
act? A policeman or a clerk not only gets dismissed from service and
our judicial system also punishes him if he is caught accepting even
a small amount for doling out a favour or doing something which
otherwise too is a part of his duty. But how many of our corrupt
politicians have received punishment at the hands of our justice
administration system? In the present case, too, what punishment did
the eleven MPs get apart from the political punishment of being
deprived of their seats in Parliament? Does that not show that there
is punishment for the small fry but none for the big sharks? In a
country which vows for equality before law aren’t there one set of
laws for ordinary citizens and another set of laws for our worthy
law-makers? And see the audacity and shamelessness of these corrupt
politicians – some of them plan to go to the court of law
for “justice” (read “hiding behind the curtain of intricacies and
technicalities of laws” as many of their brethren have succeeded in
doing in the past). And see yet others, too, who are raising their
voice in favour of their party colleagues in the name of the
same “justice”.

Arun Jaitley, one of the General Secretaries of BJP, writing in the
article entitled ‘Bending rules to lay them down’ published in The
Hindustan Times dated 27.12.05 has said that “expelling tainted MPs
is politically correct, but constitutionally questionable.” Although
he himself admits, “I do believe that the misconduct of the members
amounts to a breach of privilege. I do believe that the power of
Parliament to punish under privilege could be stretched to include
the power of expulsion.” Yet, he says, “I strongly contest the
position that for misconduct outside the rules of privilege, a
member of a legislative body should be expelled from the House.” He
goes even further to say, “I doubt if any House of Parliament is
empowered to cut short a constitutionally prescribed term of its
members other than for breach of privilege.” What a strong defence
of his colleagues in the name of the rule of law in the country! And
why not? We all know that most of the tainted MPs are from the BJP,
his own party. He forgets that he and his own party never abided by
it nor demanded the rule of law in the aftermath of the communal
riots either in 1992-93 in Mumbai or in Gujarat after the communal
genocide openly organized and indulged in by his party colleagues in
the wake of the Godhara incident. In the matter of Babri Masjid/Ram
temple controversy at Ayodhya he and his party leaders have been
expressing views inimical to the concept of the rule of law and even
expressing disbelief on decision of the judiciary. One is bound to
doubt the intentions of such people when they talk of the rule of
law though everyone would wish that they really had a faith in the
rule of law. They only raise such slogans when it suits them and
their party interests.

And they want us and all the people of this country to believe that
most of them are honest and true servants of the people. One does
not need more examples to understand and appreciate why M.N. Roy
said long ago that a party based parliamentary democracy could only
lead to corruption, and never to a true grass-roots democracy as
representatives of the people do not think of empowerment of the
people but themselves by whatever means they can.
Our conscientious law-makers and thoughtful people must think
seriously how our ornamental democracy can be turned into a real
one, or at least, saved from deteriorating further into becoming a
safe haven for the corrupt and how our constitutional oath of
equality before law can be ensured for all

 

JUDICIARY NEEDS OUT OF BOX THINKING
– BY B.K.KUMAR

Judiciary is one of the three pillars of the
governance . But it has some resevations regarding the check and
balance system as enshrined in the constitution . Judiciary too
should be subjected to the ethos of accountability. Being the judge
of one’s own issues negates the very fundamental principle of
justice .

With so many skeletons coming out of the cup-board in the judicial
sphere even in the regime of contempt of court , scheme are making
right thinking people apprehensive. There is no guarantee of the
moral rectitude in the present setup of the judiciary . The principle
of Contempt should be taken as the last resort . But the institution
of the judiciary must desire this power to continue after deserving
it genuinely .

In the present knowledge era, it is highly
imperative , that people from various walks of life should be allowed
to enter the hallowed portals of the judiciary . This will definitely
lead to better understanding of the various issues, and strengthen
the internal fabric of the judicial system . Morality, rationality ,
domain knowledge , and the legal aptitude should be the essential
prerequisites for the entrants . Those having not possessing a degree
in law at the time of the appointment , should be imparted a crash
course in judicial academies . This innovative scheme will bring the
opportunity to the brightest persons in the society to further the
cause of justice and upholding truth.

Post-retirement assignments in various government
slots should be discouraged , and rather teaching assignments and
undertaking social initiatives should be encouraged among the
retirees so that society may be guided to tread on the saner path .
However a very generous scheme of post-retirement benefits must
necessarily be provided to the superannuated judges. There should
also be some seats reserved in our parliament and the state
legislatures for the retired judges . There should be at least 10
times raise in the judicial positions . By this way, we will be truly
heralding an era of the rule of law . Judges having different
educational background and selected on the basis of a stringent test,
of both their knowledge and their personal integrity , will really
steer the society on a correct path .

Hope, these suggestions will be taken into consideration , if we
really want a reformed judiciary . However it is another matter, a
truly sane idea is normally jeered at , or at worst throttled out .

 

A FOREIGN SPY AS INDIA’S SUPER PRIME MINISTER – IS INDIA SAFE?

Former cabinet minister at the central government Mr.
Subramaniam swamy of janata party is repeatedly saying since years
that ruling gandhi’s family has received money from the foreign
intelligence agencies. The goverment has not acted upon it till date
bowing to pressures. He has even filed a case in the delhi high court
, even the court failed to do it’s duty. Now. the former KGB SECRET
SERVICE OFFICER of erstwhile U.S.S.R himself has stated in his book
that indeed the KGB has paid money not just to gandhi’s family which
has produced 4 prime ministers of india but also to various
politicians barring party lines. In return they have got lucrative
indian defence contracts probably even including defence secrets.
Also, they have got good civilian deals . there are also chances that
the erst while U.S.S.R has passed on this secret informations to
other foreign governments, our enemies, which has resulted in indo-pak
wars , indo-china wars , etc.

For the few crumbs thrown away, these politicians have
put the national security itself for a price & sold it too. Smt.
Sonia gandhi was on the verge of becoming the prime minister of india
but for the contentions raised with respect to her citizenship issues.
Now, she is the defacto prime minister of india as chair person of
U.P.A co-ordination committee under her all the issue relating to
national security, economy, trade, food , etc passes by seeking her
official approval. Now, the india is facing more threat , why cann’t
the honourable chief justice of india initiate a suo motto action in
this case to safeguard the national security???

 

                                         FREEDOM OF THE PRESS Vs AUTOCRACY

Freedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom – urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals . based on these in -born natural traits of a human being – a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. As
there is a boundary line to the field, there are certain limits – social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every one i.e. freedom, guarding one-self & his fellows not to cross that limit is “ Responsibility/ Duties”. As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightened citizens or press.

           
This in-born urge to freedom is therefore a natural birth right, a human right. Democracy-the system of governance based on the natural traits of human beings and ensuring their organic growth, is built upon this very foundation. Thus The Constitution of India” has rightly incorporated it in letter & spirit , in the very first page as the pre-amble & the fundamental rights. The boundary line, the limit is the “ Fundamental Duties / Responsibilities”. one of these fundamental / human rights is “ Freedom of Speech & expression (Right
to Information) “ As per the constitution of India nobody the President, Prime minister, Chief Minister, Speaker, Judges nor a Journalist has special rights which makes him superior to a citizen of India, under special, critical circumstances constitutional functionaries are empowered with special privileges only to safeguard the democratic set-up, to safe guard the unity & integrity of the nation but not to make themselves superior & to subjugate his fellow citizens into slavery.


Nowadays due to widespread criminalisation – unwanted elements have entered into corridors of power – politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media /
press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people, criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people – It is the key to their riches . So some of these constitutional functionaries
physically assaulted media persons, got them beaten – up & even murdered the dissenting media / human rights activists. The speakers of the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the
house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don’t even attend the house punctually.


Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals – the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information /
expression – The Media / press. Nowadays it is becoming frequent with Judges & the people’s representatives, to slap contempt proceedings “Against Journalists & citizens” who demand information / accountability & against those who speak – out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through “Legal
Immunity Privileges”. The recent cases are the “Roost resort case involving Karnataka High Court Judges” where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu” & “Murusoli”.


Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official’s secret act
Reservation Policy, Article 370, various non-uniform civil codes etc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning
democracy. Ensure , protect & preserve it.

 

FINANCE SCAMS IN INDIA & 5-STAR LEADERS WITH BEGGING BOWL

In “ mysooru mithra” a kannada daily dated 15/06/2005, the editor has written about a copy of the complaint made by Transparency International India-Bangalore to central vigilance commission of india. In indian banks , there is a strange practice that whenever a cheque is put before the clearing house by a bank, the clearing
house sends that cheque to the service branch of bank paying. The service branch then sends that cheque to the appropriate bank branch for deduction of cash from the cheque account. In this travel , if the cheque is lost or misplaced midway, the service branch pays out of it’s suspense account to the cash collecting bank. Logically,
afterwards the service branch must initiate a thorough inquiry, get authentication from both persons one who gave cheque & other who collected cheque. Finally, the money must be transferred from the account of cheque giver to the suspense account.


However , upto 1997 two branches of state bank of india in bangalore & overseas branch sufferred from frequent loss of cheques totally amounting to RUPEES THREE THOUSAND TWO HUNDRED CRORE. In all cases of cheque loss the bank has paid out of suspense account, totally amounting to Rs.3200 crore. However the bank has not initiated any enquiry to recover that amount from the cheque givers. In the 1997 internal audit report of the bank itself , this has been clearly pointed out. Till date, even the central vigilance commission has not initiated any action about it. A member of central vigilance commission happens to be ex-chairman of state bank of india.


It is just an instance of two branches of SBI, what about hundreds of branches of SBI, what about thousands of branches of other public sector,private sector & co-operative banks. It is fraud,fraud,fraud all the way. Few months back to cover-up the crimes of global trust bank ( GTB) , it was taken over by oriental bank of
commerce ( OBC). While sanctioning a loan of just Rs.10000 to a common man , he has to comply with lengthy legalities. If he defaults, bankers breath down his neck, bankers send rowdies in the form of recovery agents to humiliate the common man & his properties are auctioned-off, finally all dues to the last penny are recovered. In most of the cases bankers even force the defaulters to commit suicide. However influential persons easily gets loans amounting to hundreds of crores of rupees, coolly defaults, siphons-off the funds & shuts his shop. No recovery at all , just it becomes a non- performing asset (NPA) in the bank ledger. The total NPAs of all
public sector banks is more than Rs.80000 crore. This burden is spead over the crores of hapless indians.


The government takes pride in murdering forest brigand veerappan. The ill-gotten wealth of veerappan is not even pea nuts before this huge amount. Remember past finance scams – MS SHOES, HAWALA, HARSHAD MEHTA SHARE SCAM, KETAN PAREKH SHARE SCAM, UTI, etc. totally in all these scams billions of dollars of public money have gone to the coffers of criminals. These scamsters put veerappan to shame in their turnover. However the government is not even exhibiting a fraction of it’s ELIMINATE VEERAPPAN DRIVE against these scamsters, why?


In india, both central & state government tax/ revenue officials are neck deep in corruption. By, taking bribe they make lower assessment of income, gains, etc & spare businessmen from the tax payment. The government in return for favours received from lobbies, gives tax exemptions to them at it’s sweet will. All these scams & it’s cover-ups are insider jobs. The government is not interested to collect, recover it’s own monies amounting to billions of billions of dollars every year. However our 5-star leaders living at the expense of tax-payers, go-on foreign jaunts with a begging bowl for a few lakhs of dollars. What a shame?


More than 50 billion indians are barely surviving on a single meal per day & hundreds are dying due to starvation, billions don’t even have basic necessities of life. If the government even just collects a fraction of it’s dues from scamsters, defaulting industrialists – people won’t die of hunger in india. Has this enlightened our thick skinned netas ?

AN APPEAL TO Mr.P.CHIDAMBARAM UNION FINANCE MINISTER GOVERNMENT OF
INDIA

An age old saying – AS THE KING SO DOES THE SUBJECTS. In india various financial scams, crimes & it’s cover-ups have taken place amounting to billions of billions of dollars have taken place, made possible , just due to the involvement of the king – the netas & government officials themselves in the shameful act – the crime. The tax officials are utterly corrupt, the wards of these officials spend double their pappa’s salary just during weekends. Now, realise their financial might. These ill-gotten wealth is destabilising our economy & might have even found it’s way into the hands of underworld, terorrists. INDIA WILL BE DEFEATED FROM
CRIMINAL FORCES WITHIN LIKE THIS NOT FROM THE EXTERNAL FORCES.


Hereby, the HRW urges you to make public:


1. the financial worth of finance minister to tax official at circle level, on annual basis including his spouse’s worth & property details.


2. to make public the NPAs, losses & monies under litigation by both private & public sector banks annually.


3. to make public measures taken to recover these monies.


4. to publish annual accounts with complete details of discretionary funds allotted to the defence ministry, president, prime minister, chief ministers , governors & intelligence agencies. Public want to know whether proper discretion is being applied while spending.

 

IMPOSITION OF EMERGENCY IN 1975 RIGHT OR WRONG ?

HRW pays it’s fullest respect to all those who bore the brunt of emergency rule in India. It is on 26/06/1975
then prime minister of India smt.INDIRA GANDHI imposed emergency on the nation citing deteriorating law & order in India. During the freedom struggle common people hoped of getting true freedom & equality after being independent. However all their dreams turned topsy-turvy once we got independence. The influential landlords who were the chief fund providers for the ruling congress party ensured that the land labourers under them always remain in poverty, divided on caste lines & without any holding rights over the lands they
tilled. These labourers were totally dependant on these landlords for loans by pledging their lands. The plight of labourers became far worse after independence, the landlords who were themselves part of the government, by being the M.L.As or M.Ps always stalled any legislations meant for their welfare.


The case is same with the industries, the big industrialists who were the main donors to the congress party ensured that the government didn’t pass any truly effective labour legislations. Thereby, the plight of industrial workers became far worse after independence.THE SITUATION WAS THAT- ONLY THE EXPLOITATIVE MASTER HAS CHANGED FROM BEING BRITISH TO INDIAN LANDLORDS & INDUSTRIALISTS. By all these sufferings the common people became agitated & started demanding justice, fairplay& equality. The
great leaders like shri.JAYAPRAKASH NARAYAN spearheaded this movement for TRUE FREEDOM. The government, the coterie of the rich felt that the situation is slipping out of it’s hand & it may loss it’s huge
land holdings,riches. At this juncture the government to protect the interests of it’s coterie- rich land lords & industrialists imposed emergency rule in India taking away all the fundamental & human rights of citizens. Worst human rights violations took place at this time. EMERGENCY RULE ONLY BENEFITTED CONGRESS PARTY & IT’S COTERIE , BUT NOT THE NATION.


ONLY ONE POSITIVE FALLOUT OF EMERGENCY RULE WAS DISCIPLINE WAS FORCED ON GOVERNMENT SERVANTS & COMMON PUBLIC FOR A SHORT TIME . In India most of the people take freedom for granted & indulge in indiscipline. It applies most to our public servants, members of parliaments, members of legislative assemblies. If you remember, the vulgar acts of speaker of a legislative assembly
mr.bora babu singh, the fisticuffs in bihar,U.P & tamilnadu legislative assemblies, the vulgar acts of derobing a former chief minister smt.jayalalita in the assembly by members, the frequent absence of members during important discussions from the house, the sleeping members in the assembly, IRRESPONSIBLE MEMBERS CHATTING AWAY DURING PRESIDENTIAL ADDRESS, discussons. All these proves our people’s representatives are the most indisciplined , irresponsible lot. When the minister himself is irresponsible, indisciplined & corrupt , the officials who work under them are also same. THESE PEOPLE’S REPRESENTATIVES HAS MUCH TO LEARN IN TERMS OF DISCIPLINE, RESPONSIBILITY & HONESTY FROM THE MIDDLE SCHOOL STUDENTS. The saving grace is there are a few honest people’s
representatives. Te objective of shri.jayaprakash narayan is yet unfulfilled. Indians are yet to get true freedom, the movement to secure it must be on the mahatma gandhi’s lines of non-violence only.

 

DECLARATION

name : ………………………NAGARAJ.M.R.

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

Title of paper :  e-Voice Of Human Rights Watch

periodicity : WEEKLY

circulation : FOR FREE DISTRIBUTION ON WEB

donations :  NOT ACCEPTED

owner/editor/printer/publisher : NAGARAJ.M.R.

nationality :    INDIAN

home page :           http://hrwpaper.blogspot.com/

http://indiapolicelaw.blogspot.com/

                                http://groups.yahoo.com/group/naghrw

http://e-voiceofhumanrightswatch.blogspot.com/

http://groups.google.co.in/group/hrwepaper/

contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

cell : 09341820313

I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief.

date : 05/01/2008                                                              your’s sincerely,

place : India                                                                     Nagaraj.M.R.

 

 

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Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE ………. 570017 INDIA……………………cell :09341820313
home page : http://groups.yahoo.com/group/naghrw, http://groups.google.co.in/group/hrwepaper/,
http://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/ ,http://hrwpaper.blogspot.com/ ,  http://naghrw.tripod.com/evoice/
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A member of AMNESTY INTERNATIONAL INDIA

 

 

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