2008 January « e - Voice Of Human Rights Watch

Torture Of Tribals

January 20, 2008

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

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.4…issue.03……19/01/2008

Editorial : legal prosecution of cruel & inhuman STF police personnel

- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA

During “catch forest brigand veerappan operation” , Special Task Force police personnel , illegally arrested , detained , tortured & murdered innocent tribal people of both tamil nadu & Karnataka states. NHRC has clearly noted the crimes of STF personnel & ordered both Karnataka & tamil nadu governments to pay compensation to victims of police atrocities. However still some of these victims are not yet paid compensation by these governments , why ? also , the government instead of legally prosecuting guilty police officers on murder charges , has given awards & promotion to guilty inhuman police officers. Is the government sending a message that 3^rd degree torture & murders in lock-up / fake encounters is acceptable & legal ? is it equitable justice ? is there one set of law for police & another for common people ?

Hereby , we do once again request your kindself , to dismiss guilty police officials from police service , to withhold their pension benefits , to legally prosecute them on charges of murders of innocent tribal people & on charges of attempt to murder innocent tribal people by 3^rd degree torture methods. Hereby , we also request you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings about atrocities by STF personnel.

JAI HIND. VANDE MATARAM.

Your’s truly,

NAGARAJ.M.R.

AMNESTY INTERNATIONAL PUBLIC STATEMENT

AI Index: ASA 20/002/2008 (Public) Date: 18 January 2008

India: Many adivasi victims of Special Task Force (STF) operations yet to get justice and compensation in Karnataka and Tamil Nadu

Amnesty International is concerned that several adivasi (indigenous and marginalized communities) victims of the decade-long Special Task Force (STF) operations against Veerappan, who was killed by the STF after being outlawed for sandalwood smuggling, are yet to receive justice and compensation for the human rights violations perpetrated against them. Human rights violations perpetrated in the course of operations against Veerappan included unlawful killings; arbitrary detention; and torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment), including sexual violence.

Amnesty International has learnt that, one year after an official panel of inquiry led by Justice A. J. Sadashiva ordering the Government of Karnataka to pay compensation to 51 victims, 13 of them have yet to receive it. The Government of Tamil Nadu has paid compensation amounts to 38 victims as directed in the order. In January 2007, the National Human Rights Commission (NHRC) had directed the two governments to pay compensation to 89 victims as per the recommendations of the panel of inquiry.

Notwithstanding the above order, during the past year, human rights organizations in the two states have been campaigning to ensure justice for 104 other victims whose complaints of human rights violations including arbitrary and indefinite detention, torture, including to death, other ill-treatment and sexual assault were reportedly ignored by the panel. The panel also failed to initiate charges against any of the 39 STF officials named as perpetrators by the victims during the proceedings, though it concluded that the STF had perpetrated torture. However, Amnesty International has learnt that a number of complaints against 39 STF officials have nevertheless been filed by the victims in several police stations in Tamil Nadu and Karnataka.

In spite of the filed complaints, a number of STF personnel named as perpetrators in the victims’ complaints were given awards and promotions; furthermore, some of the officials named by the victims were reportedly present in an official function held to distribute compensation amounts in Karnataka in March 2007, leading to protests from the victims.

As a state party to the International Covenant on Civil and Political Rights, India is obliged to “ensure that any person whose rights or freedoms… are violated shall have an effective remedy”; to “ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy”; and to “ensure that the competent authorities shall enforce such remedies when granted.”

Amnesty International, therefore, urges

· the Government of Karnataka to immediately distribute compensation amounts to the 13 remaining victims as per the January 2007 order;

· the authorities of Karnataka and Tamil Nadu to thoroughly investigate the pending human rights complaints against the 39 STF officials and bring those suspected of perpetrating violations to justice, in proceedings which meet international standards of fairness and without the imposition of the death penalty;

· immediately suspend the officials named in the complaints from active duty pending completion of investigations;

and

· the NHRC to participate in the above cases to help to ensure that there is justice for the victims.

· the NHRC to re-examine victims’ complaints ignored by the official panel.

Background

In 1993, the Governments of Karnataka and Tamil Nadu had created the STF to catch Veerappan and his associates who had remained outlawed for more than seven years. On 21 October 2004, Veerappan and two of his associates were killed during the STF operations. In all, 36 persons lost their lives during the STF operations.

In June 1999, the NHRC appointed the official panel, consisting of Justice Sadashiva and a former Director-General of India’s premier investigating agency, the Central Bureau of Investigation (CBI). The panel submitted its recommendations in December 2003.

FAKE ENCOUNTERS , LOCK-UP DEATHS & 3^RD 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 be first thought the lessons of law before enforcing it. The murderers , criminals in police uniform must be punished at the earliest.

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 3^rd 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.

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.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH INDIA

Dear Madam ,

INDIA: Please prevent the District Magistrate of Varanasi from destroying a human rights organisation

Name of organisation: The People’s Vigilance Committee on Human Rights, SA 4/2A, Daulatpur, Varanasi, Uttar Pradesh
Name of alleged perpetrators:
1) Office of the District Magistrate, Varanasi, Uttar Pradesh
2) Station Officer, Phulpur Police Station, Phulpur, Varanasi, Uttar Pradesh
Date of incident: From 9 December 2007

I am writing to express my concern, regarding the case of the human rights activists associated with the People’s Vigilance Committee on Human Rights (PVCHR). I am informed that, based on a fabricated charge filed by the village head Mr. Ranjedra Prasad Tripathi, the local police of Phulpur police station has registered a case against Ms. Kalawahi, Mr. Prem Nut, Ms. Anupam Nagavanshi, Ms. Sruti Nagavanshi and Dr. Lenin Raghuvanshi of the PVCHR.

I am also informed that the District Magistrate (DM) Ms. Veena Kumari is personally responsible behind this complaint, for which the DM has used Mr. Tripathi as a pawn. I am also informed that the DM has now instructed the Phulpur police to record that the accused are absconding so far and to move the local court to proceed against the properties of the PVCHR. It is suspected that the DM wants to cause damage the office of the PVCHR to wreck vengeance against the PVCHR for reporting cases of starvation and malnutrition from the district.

I am worried that the PVCHR and its work will be adversely affected if such a police action is initiated against the PVCHR office. I am concerned that such an action will not only hurt the work of the PVCHR but also other human rights organisations in Varanasi, who could also face similar threats from the district administration.

I therefore urge you to take immediate actions so that the entire case records concerning the PVCHR activists are produced in the local court without any further delay so that the court could take appropriate actions on the case. I also urge you to ensure that an enquiry is ordered into the activities of the DM Ms. Veena Kumari’s involvement in registration of the case. I am aware that in the recent past the DM has been inimical against the activities of the PVCHR, particularly because the PVCHR has been reporting cases of human rights abuses exposing the utter neglect of the district administration in discharging their duties.

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF MANIPUR

Dear Sir ,

INDIA: Please release Mr. Abujam Shidam on bail

Name of victim: Mr. Abujam Shidam, resident of Keibi Makha Leikai, Lamlai, Lamlong, Imphal West District, Manipur
Name of alleged perpetrator: Officers attached to Manipur State Police stationed at Porompat Police Station
Date of incident: From 7 January 2007

I am writing to express my concern, regarding the case of Mr. Abujam Shidam, who was arrested by the Manipur State Police on 7 January 2007 at Porompat Police Station. I am informed that on 7 January 2008, Mr. Abujam, a lecturer teaching at Biramangol College in the Department of Political Science and also the General Secretary of Manipur People’s Party (MPP), were summoned to the Porompat Police Station. I am informed that at the police station he was arrested by the officers attached to Lamlai Police Station, showing that Abujam was arrested from Ayangpali Road instead of the campus of Porompat Police station.

I am informed that the police have registered a First Information Report (FIR) [case number 120(12)] against Abujam under the provisions of the Indian Penal Code, 1860, the Indian Arms Act, 1959 and the Unlawful Activities (Prevention) Act, 1967. I am also informed that the offenses accused against Abujam are of such nature that if convicted he may even receive a capital punishment.

It is reported that in the charge-sheet the police have accused Abujam as a suspect responsible for a bomb explosion that happened on 16 December 2007 which resulted in the death of seven persons. I am informed that in fact soon after the blast an underground organisation, the People’s Liberation Army (PLA) — Manipur, has claimed that the bomb was planted by them and that it exploded when the security forces intentionally triggered the bomb after arresting their carder.

I am aware that after the explosion Abujam was one of the several persons who assisted the injured to be removed to the hospital. After the incident Abujam had also condemned the explosion in a public statement, irrespective of the persons responsible for the blast. I am also informed that while in custody Abujam was tortured by the police by pouring water into his nose and mouth and also by assaulting him on his legs. I am informed that the Abujam is now finding difficult to walk due the injuries he suffered from the assault.

I am concerned to know about the arbitrariness of the state police in arresting a person on fabricated charges and further torturing him in custody. I am worried to know that this is not the first case reported from Manipur where the local law enforcement officers and the para-military and military units stationed in Manipur use violence against the ordinary citizen in the state. If this is the situation of a person, knowledgeable as a college teacher, I am worried what would be the fate of ordinary Manipuries?

I therefore urge you to take immediate actions against the police officers involved in torturing Abujam while in custody. I request you to ensure that the Magistrate before whom Abujam will be produced will record Abujam’s statement regarding what happened to him while in custody and if proved correct will order appropriate actions against the police officers so as to initiate actions against the officers for contempt of court keeping in view of the observations made by the Supreme Court of India in the D. K. Basu case and for custodial torture.

I therefore request you to take all necessary actions so that Abujam is released on bail and that his complaints are properly recorded and actions initiated against the police officers responsible for torturing Abujam while in custody.

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO H.E.HONOURABLE GOVERNOR OF WEST BENGAL INDIA

Dear Sir ,

INDIA: Investigate and punish the crimes committed by the Border Security Force

Name of victim: Kalidas Ghosh, aged 17 years, son of Mr. Kartik Ghosh, residing at Angrail Dakshinpara, under the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal
Name of alleged perpetrator: Mr. Ram Dhan Rathore, Constable, Border Security Force, Battalion Number 126 – E Company, stationed at Out Post Number – 6, near Angrail Dakshinpara village, under the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal
Date of incident: 28 December 2007

I am writing to express my concern, having come to know about yet another case of murder committed by the Border Security Force (BSF) stationed in West Bengal. I am informed that Kalidas Ghosh, a 17-year-old student of Angrail Bidyamandir High School at Angrail Dakshinpara village under the jurisdiction of Gaighata Police Station was shot dead on 28 December 2007 at about 5:30pm by Mr. Ram Dhan Rathore, a constable serving with the BSF 126 Battlion–E Company currently stationed at outpost number 6, near Angrail Dakshinpara village within the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal.

I am informed that the victim, along with his friends were chased away initially by some officers of the BSF stationed at outpost number 6, when the children were searching for their lost ball. The children were playing at the school playground and the outpost is close to the playground. I am informed that the accused Mr. Ram chased the children into the school compound and later started firing at Kalidas. After missing Kalidas a few times, the officer finally hit Kalidas, thereby fatally injuring him.

I am informed that the body of the boy was later subjected to an autopsy at the J. N. Dhar General Hospital. I am also informed that later on a complaint lodged by Kalidas’ uncle the Gaighata Police have registered a case under Section 302 of the Indian Penal Code against Mr. Ram. I am also informed that to counter the allegations against Mr. Ram, the BSF also have filed a case against Kalidas, with untenable charges. The case registered against Ram is case number 454 of the Gaighata Police Station.

I am concerned to know that soon after the incident Mr. Manoj Kumar, an officer attached with the BSF along with the member of the local Gram Panchayat Mr. Subrata Sarkar, a local doctor Mr. Dulal Sarkar and a local person Mr. Samir Mazumdar had met the victim’s family and handed over some money to the boy’s family. I am afraid whether this was an attempt to silence and further threaten the family not to proceed with the case against Mr. Ram.

I am concerned about the repeated number of incidents reported from West Bengal state where allegations are leveled against the officers of the BSF by ordinary civilians about their involvement in heinous crimes against ordinary persons. I am also aware that the Inspector General of BSF - South Bengal Mr. S. N. Tiwari had refuted the charges leveled against the BSF constable, saying that Kalidas was seen moving with ‘…smugglers and became victim of circumstances’. Refuting this statement the local Member of the Legislative Assembly (MLA) Jyotipriya Mallick has demanded removal of all BSF officers involved in murdering the local people in the name of being smugglers.

While allegations and counter allegations are made for and against the BSF officer, I wish to remind you that the primary responsibility of the commanding officer of the BSF and also that of the government is to conduct an impartial inquiry into the incident to reveal the facts and circumstances in the case. Now that the local police have registered a case against the accused, I urge you to ensure that the local police will in fact carryout the investigation in the case and will further proceed with the prosecution of the accused, if the facts leveled against the accused are found true.

I further request you to look into all the other cases reported to you from West Bengal where allegations are made against BSF officers stationed along the Indo-Bangladesh border. I also request you to ensure that the family of the victim is paid adequate compensation for their loss and that the witnesses in the case are not threatened by the BSF.

Your’s sincerely,

NAGARAJ.M.R.

citizens of india vs supreme court of india

Dear Madam / Sir ,

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

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

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,http://hrwpaper.blogspot.com/ ,
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http://evoiceofhumanrightswatch.rediffblogs.com/ ,

http://indiancitizens.rediffblogs.com/

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Torture Of Tribals

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labour law , human rights violations by industries

January 15, 2008

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

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.4…issue.02……12/01/2008

Editorial : an appeal to H.E HONOURABLE GOVERNOR OF KARNATAKA

Your Excellency ,

Sub : Human Rights Violations by assistant labour commissioner of mysore & labour commissioner of Karnataka

e – Voice of Human Rights watch is an independent body providing a forum for oppressed people- the dalits, the tribals, the minorities, all oppressed people to make public - their sufferings, violations of their human rights & fundamental rights.
The HRW brings up these issues with appropriate government authorities and in some cases raises the issues as “Public Interest Litigation” in the apex court, to undo the injustices.
One of the most frequent place of human rights violations is the sufferer’s “Work place”. Some of the business enterprises take advantage of chronic unemployment problem & corruption in government. Service. These enterprise make the labourers to work for meager wages in unhealthy work conditions. These enterprises haphazardly dumps the factory wastes in the open polluting the environment and causing health damages to the people living nearby. These type of enterprises even cheats the government, lending banks & small investors, by fraudulent financial deals.
There are no words called ETHICS, TRANSPARENCY & CORPORATE GOVERNANCE in their book.

The labour commissioner of Karnataka didn’t do his duties properly when cases of labour law violations were brought before him by us , he even failed to reply to our request for information as per RTI Act once & during second application he transferred the requests to ALC Mysore. The ALC Mysore failed to provide full truthful information to us.

When the criminal managements of industries & corrupt union leaders together enter into unholy alliance , ( threatens the employees to keep mum or face with dismissals ) enter into unjust agreements which violates labour laws , which forces the employees to work for continuous 12 hours without rest intervals , without break in night shifts , unequal pay for work of equal value , etc ,is it not the duty of labour officials to enforce labour laws & scrap such unjust agreements. The employees of such industries don’t complain openly for fear of loosing jobs , the union leaders keep mum by taking bribe , what is duty of labour department in such cases? Is it not the duty of labour officials to enforce labour laws suo-motto & to bring the same issue before the labour tribunal / labour courts which are dealing cases related to such criminal industries .

In mysore M/S RPG CABLES LTD , unequal pay was given to workers for work of equal value , workers were forced to work in hazardous conditions ,without rest intervals during night shift & over time even a dispute was filed about this issue. In mysore , in various industries 12 hour shifts is a norm , machine layout worst leading to accidents . in mysore , at construction site of INFOSYS TECHNOLOGIES numerous work related accidents have taken place resulting in physical disabilities of workers , some even resulting in deaths. These violations at INFOSYS site were even reported in the local media. However ALC Mysore replied to my RTI application stating that there is no such dispute with respect to RPG CABLES LTD is pending before ALC Mysore , there are no industries working in 12 hour shifts & no accidents / deaths of workers at INFOSYS construction site is reported except the one in 2004. as per ALC Mysore here at mysore industries there is RAM RAJYA , where as in practice it is just the opposite – RAVAN RAJYA. Our publication has even offered conditional services to LABOUR COMMISSIONER of Karnataka & ALC of mysore , in apprehending criminal industries . they are not ready & keeping mum .What action against the negligent , lying ALC of mysore & negligent Labour Commissioner of Karnataka .

Hereby, I do request your kind excellency to read the following articles & to take appropriate measures in the interest of justice to the toiling work force. JAI HIND . VANDE MATARAM.

WAKE – UP HONOURABLE PRIME MINISTER OF INDIA

RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS

M/S RPG CABLES LTD , an industry located at mysore is promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.

Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD, MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.

These type of ill-gotten wealth of various industrialists & traders in india is fuelling the black economy, destabilising the economy, cheating the government of it’s tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When mr. R.P.Goenka has failed to properly govern a small company, how can he govern our vast country India being a member of parliament ?

The shameful part is that inspite of so much of cheating by the said company ie by it’s executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.

RPG CABLES LTD & SUDARSHAN TELECOM MYSORE
-Are they adhering to environmental norms ?
These two private companies situated at mysore, karnataka state are in the business of manufacturing polythene insulated jelly filled cables & optic fibre cables for Tele- communication purposes. These two companies are burning off polythene wastes in the open releasing various toxins to the atmosphere . also , they are not properly disposing off non bio-degradable wastes like optic fibre & fibre reinforcement materials ,which poses a grave threat to the public at large. In addition they are not taking proper occupational safety measures in handling these materials posing a grave threat to the lives of employees. Karnataka pollution control board & labour department are you hearing ?

wake-up labour commissioner & chief inspector of factories , government of karnataka.
- illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE , M/S VARSHACABLES LTD MYSORE , M/S FINECORE CABLES LTD , MYSORE.
In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.

In M/S VARSHA CABLES & M/S FINECORE CABLES and it’s sister concerns ,workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?

The managements of companies violate various labour laws & pressurize workman by threat of dismissals not to complain to authorities. Also, the managements buy-out union leaders , not to make complaint to authorities.

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether workers union or individual workman has made complaint to labour department or not.

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE is not giving the same as per RTI Act. Further ALC , mysore is lying that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Is all these to cover-up criminals of RPG CABLES LTD ?

RPG CABLES LIMITED MYSORE– FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES.

This is a company promoted by longtime supporter & congress M.P (member of parliament ), mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.

Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVERGOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.

The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.

AN APPEAL TO H.E.HONOURABLE GOVERNOR OF KARNATAKA , BANGALORE

Your Excellency,

subject : 1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE.

2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER MYSORE.

3)refer : IDA-3/CR-152/2002-03 dated 25/05/04

I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed.

The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore.

In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether workers union or individual workman has made complaint to labour department or not.

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE is not giving the same as per RTI Act. Further ALC , mysore is lying that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Are not these acts & omissions of ALC Mysore aiding to cover-up criminals of RPG CABLES LTD ?

1. there are workman much junior to me in my category working in the company.

2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me.

3. i was not paid equal wages for the work of equal value & quality.

4. i was made to lift, push weights more than 60kg all alone.

5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds.

6. i was not provided safety gears to handle optic fibre cable materials.

7. some times even hand gloves were not provided.

8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally.

9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me.

10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE.

11.no yearly employee health check-up nor the safety audit is conducted.

12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard.

13. due to all these unhealthy work practices & surroundings , i have suffered health damages

14. the management has closed the canteen while conciliation was going on.

15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor.

16. the management effected the retrenchment while the conciliation proceedings were going on.

17. the management threatened me of dismissal if i don’t resign from the union leadership.

18. the management didn’t take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year.

19. the management was not paying the monthly salary on the stipulated date.

20. the management didn’t pay the full & final financial settlement on the last working day together with retrenchment notice .

HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.

Your’s sincerely,

Sufferer of injustices

Crimes at INFOSYS campus ?

- wake-up government of Karnataka - an open letter to mr.Narayan murthy

INFOSYS is an indian corporate which made india proud globally & made all it’s employees prosper, become shareholders in the prosperity of the company. Infosys has made & is making various humanitarian services/aid through it’s hard earned resources. thereby bringing smile to the faces of numerous oppressed ,disadvantaged people. every indian is proud of responsible organisations like infosys & we do sincerely appreciate the company.

Recently , disrespect was shown to our sacred Indian National Anthem at your campus , aping americans is not a big thing . Americans are what they are because they love their country. Every human being must love & respect his motherland & mother first , everything matters later. This crime at your campus is inexcusable.

There are also allegations that at your campus , usage of illegal drugs by inmates is rampant & some inmates behave indecently with girls . how you are ensuring the safety of women at your campus ?

Recently , it has been reported that there are recurring deaths of labourers at your construction site due to lack of proper occupational safety measures . also, it has been reported many of the labourers are not even covered by ESI & PF . from the day one how many persons have died & how many were injured , physically disabled till date ? what follow-up action has been taken by your organization ? is it not the duty of your organization to respect the law of the land with respect to labourer’s safety ?

However there are complaints of human rights violations in your own backyard. Infosys is building a vast campus in mysore since 2 years. The construction work has been given to contractors, who in turn has given out subcontracts . some of these sub-contractors are employing persons without E.S.I & P.F COVERAGE .these employees are forced to work at heights without any safety gears. some of these employees have suffered damages to their
limbs , hands ,fingers while performing their duties . in such events, the sub-contractor takes the injured to a private hospital, arranges for medical treatment for a day or two . afterwards , he is given a pittance as compensation ,dismissed from service & left to fend for himself . no further medical care at all. these sub-contractors are so cunning that they
don’t even leave a single shred of evidence to prove that the injured employee was working
on that site . the labourers attendance is just marked on a notebook , not any official register .as a result the injured is unable to legally prosecute the guilty . the end result fingers or hands or limbs lost to INFOSYS. Being the principal employer, is it not your duty to ensure proper E.S.I & P.F coverage of all contract labourers by their respective
contractors. Your organissation is not even responding to our queries , is it justified ?

AN APPEAL TO HONOURABLE LABOUR COMMISSIONER OF KARNATAKA & CHIEF INSPECTOR OF FACTORIES FOR KARNATAKA

Kindly give me status of following complaints made to you long back , till date there is no action , why ?

DPG/X/2006/80134

DARPG/E/2006/05917

DPG/X/2006/80133

DPG/X/2006/80134

DARPG/E/2006/07944

DARPG/E/2006/07945

AN APPEAL TO HONOURABLE UNION PRIME MINISTER , GOI

Kindly give me status of following complaints made to your cabinet ministers & the telecom PSUs mentioned alongside long back , till date there is no action , why ?

DPG/M/2006/80001 complaint made to BIFR

DARPG/E/2006/00009 complaint made to BIFR

DPG/T/2006/80001 Complaint made to BSNL

DARPG/E/2006/00010 Complaint made to BSNL

DPG/T/2006/80002 Complaint made to MTNL

DARPG/E/2006/00011 Complaint made to MTNL

DPG/R/2006/80001 Complaint made to RailTel

DARPG/E//2006/00012 Complaint made to RailTel

DPG/M/2006/80002 Complaint made to PGCIL

DARPG/E/2006/00013 Complaint made to PGCIL

DPG/N/2006/80001 Complaint made to GAIL

DARPG/E/2006/00014 Complaint made to GAIL

DPG/M/2006/80003 Complaint made to union finance minister

DARPG/E/2006/00015 Complaint made to union finance minister

DPG/M/2006/80004 Complaint made to union minister for company affairs

DARPG/E/2006/00016 Complaint made to union minister for company affairs

DPG/M/2006/80005 Complaint made to union minister for commerce & industries

DARPG/E/2006/00017 Complaint made to union minister for commerce & industries

DPG/B/2006/80002 Complaint made to minister of state for banking

citizens of india vs supreme court of india

Dear Madam / Sir ,

http://indiancitizens.rediffblogs.com/

var irr_lang = ‘en’;

</script>

</script>

AN APPEAL TO H.E HONOURABLE GOVERNOR OF KARNATAKA

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citizens of india vs supreme court of india

January 6, 2008

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

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 3^rd 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 donï¿½t 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 VVIPï¿½s. 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 3^rd 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 spo