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EDITORIAL : SHAME SHAME SHAMELESS CORRUPT PUBLIC SERVANTS
can we expect justice from the corrupt mentioned in the following articles. SHAME TO SHAMELESS CORRUPT JUDGES , CORRUPT POLICE , CORRUPT PUBLIC SERVANTS of india . These corrupt must learn lessons of duty from their honest colleagues, honest few judges , police , public servants still left in service. These few honest judges , honest police & honest public servants must teach their corrupt colleagues how to behave. Corrupt must first learn to be human beings , to behave as human beings & to interact with the public as human beings. Read UNIVERSAL DECLARATION OF HUMAN RIGHTS in the last page. JAI HIND . VANDE MATARAM .
Your’s sincerely ,
JUDICIAL ACCOUNTABILITY IN INDIA
– URGENT NEED OF THE HOUR
After 62 years of india’s independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer’s expense , while more then 50 million are starving to death.
The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it’s tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.
Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn’t get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.
When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.
Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.
In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.
In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?
Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.
In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.
If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.
In our own experience, e-voice didn’t get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions, TO BE HUMAN BEINGS , TO BEHAVE AS HUMAN BEINGS , TO TREAT OTHERS , COMMONERS AS HUMAN BEINGS. 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 UNIVERSAL HUMAN RIGHTS DAY, let us build a true democratic India , free of corrupt public servants.
Can we expect Justice & Rule of Law, RESPECT FOR CITIZEN’S HUMAN RIGHTS & FUNDAMENTAL RIGHTS from Corrupt Police & Judges
In India , corruption has spread it’s tentacles to all walks of life , the corrupt public servants in their greed for money have become TRAITORS , GADDARS & backstabbing our motherland. Please go through the following articles & arrive at your conclusion.
Visit , read the petition & support by signing the petition demanding
LEGAL PROSECUTION OF SPONSORERS OF TERRORISM
Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA ,
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.
More Corrupt the Police are, More unsafe are our People
– By K B GANAPATHY
It is sickening. It is nauseating. It is vulgar. It is dirty. It is a sin and above all, it is a crime beyond any ameliorating circumstances. The punishment for this crime should be a real deterrent and must not take more than a month to award. I am talking about the crime committed by the Kolar SP, K. P. Puttaswamy, IPS, who was caught red – handed while taking a bribe of Rs.10, 000 from a civil Police Constable P.P. Prakash by the Bangalore Lokayukta Police on November 27.
When the crime was committed in Kolar, how is it that the Bangalore Lokayukta took action? This is not a million dollar question. This is a million dollar shame on the honesty and integrity of our Police force itself (honourable exceptions are honourably exempted here).
I understand the reason is that the Lokayukta Police officers in Kolar are too compassionate and considerate in nabbing criminals and corrupt persons in their own turf (department). Earlier, three attempts were made to catch this cornucopia of a corrupt person called Puttaswamy, but he was alerted in time. Thus the local Lokayukta failed in its mission.
Kolar SP Puttaswamy
Constable Prakash, the victim of Puttaswamy’s greed, avarice and craving for money knew this very well. It was for this reason, he had to approach the Bangalore Lokayukta (Phone: 9845000022). Naturally this time, the Lokayukta operation was a complete success.
Complainant Mr. P. P. Prakash
Think of the depth of demand from Puttaswamy and you will know how fathomless it is. I am reminded of a Tamil film Anniyan. The Constable Prakash had already given Rs.25, 000 as bribe (which in fact is also an offence). But the greedy SP, Puttaswamy, in order to make a killing out of this Constable seeking permission for voluntary retirement from service under VRS, recommended his dismissal. This made the Constable nervous as he would lose his pension and other benefits. P. P. Prakash, the Constable, now aged 47, hailing from South Kodagu, near Ponnampet (Pullangada family) served in the Indian Army Signals for seven years and then joined the Police Department in Kolar and has served for 20 years.
Of late, he was not keeping good health and hence took “medical permission” for 13 months leave — sick leave. It appears he was supposed to submit a Doctor’s certificate from time to time during this period. He did not do so as it is not compulsory, and rarely insisted upon, he says.
However, in this case the Kolar SP K. P. Puttaswamy ordered a Departmental Enquiry (DE) against him. Realising that this enquiry would take at least 5 to 6 months to complete and as he was in a hurry to take VRS he decided to apologise for the inadvertent lapse. Subsequent to the apology submitted by him to the DE Officer, the Dy. SP, the DE was closed and the report sent to the Superintendent of Police, K.P. Puttaswamy.
See how greed for money tears away the human face of a human being. The Superintendent of Police, Puttaswamy, returning the file to the Enquiry Officer, the Dy. SP, asked him to re -examine the Departmental Enquiry.
Constable Prakash says that normally if one admits his fault, in cases such as this, no re – examination of DE is necessary.
However, Constable Prakash thought there was no use pursuing the path of law to get his VRS from an Officer like K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours: (1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To grant permission for the VRS.
After making this payment of Rs. 25,000, the Constable Prakash was happily waiting at his native place for VRS permission. However, after two months, to his utter shock he received a notice about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.
He rushed to Kolar and met the Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told: “Okay, I will see. (Aayitu Noduva)”
On further pleadings from the Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with his head and eyes pushing the paper towards the Constable to see the figure.
Since the Constable found the new demand too much for him to bear, he decided to retaliate. He knew there was no use complaining to the Kolar Lokayukta which could not trap this corrupt SP three times earlier on others’ complaints. So Constable P. P. Prakash straight away went to Bangalore and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend to complaints promptly in confidence without any delay.
He knew, speed is the secret of success not only in love and war but also in Lokayukta operations. He immediately called another smart officer, Superintendent of Police (SP) Madhukar Shetty and lo and behold the operation was successful.
Prakash, the Constable, says that the Kolar SP had his moles in his office keeping an eye on the Lokayukta complainants and officers who may be around. In case of suspicion, information was passed on to him and the SP will not see such visitors.
Hence, this time the Bangalore Lokayukta got smart. Waiting at the SP’s door to see him was a burqaclad lady Constable and a Police Sub – Inspector disguised as a Muslim with full makeup, wearing a beard hired from a clothier to dramas.
One more person was also there with bandages, dhoti and chappals who would see the SP only after his “Doddavaru” (elder) came there. Thus there was absolutely no room for suspicion for the Policemen on duty at the SP’s door. Since Prakash was already known, he was allowed in.
During the course of conversation, the Superintendent of Police K. P. Puttaswamy, alert and smart, told his supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave the cover with the money inside, as pre – arranged by the Lokayukta. Puttaswamy instinctively stretched his hand to receive it but quickly withdrew, lifted a file, placed it on the table and asked Prakash to keep the cover below the file. The latter obliged. However, while handling the file Puttaswamy unknowingly touched the cover to push it properly under the file.
“I will call the GSA and get the file and ask him to do the needful”, said the SP who did not forget to speak aloud “Beda” (Don’t want) all the while taking care not to touch the cover or money. But to his bad luck he had already touched the cover, though unknowingly, rather accidentally.
Well, when Prakash came out, the Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in newspapers.
And indeed the complainant P. P. Prakash did teach his corrupt boss a lesson which the people of our State think will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no. Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand transporter against whom a charge sheet was filed.The sand transporter wanted Srikantappa to help him by filing a “B” report to the Court (“B” report is one where Police investigate the case and then file a report to the court saying there is no substance in the complaint or there is no prima facie case as such). The case will then be closed.
Interestingly, the same K. P. Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P. Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience of his boss. Therefore, no matter how many Police officers the Lokayukta catches, it would be business as usual for these government officers including those of the IAS, IFS and IPS class.
It is said habits die hard. These two officers are from the Karnataka Administrative Service (KAS) who rose to the rank of IPS after years of service in the lower rank. It is universally known corruption at the lower level in the Police force happens on a daily basis and therefore even after the elevation to the IPS, the habit must have continued, sometimes consciously and sometimes unconsciously, as if it is a natural part of the job. Habits indeed never die.
At another level, it is not as if those who enter service directly from IPS are not corrupt. If only a honest and aggressive investigation is made into the wealth amassed and properties acquired by these officers (including the benami angle), one will find a can of sinister worms crawling all over the place. While a Police Constable may collect on a daily basis a few hundred rupees and on occasions a few thousands, these IPS officers (exceptions apart) make a killing in one deal and like the Python which after swallowing an animal lies languidly for months, these officers strut around with an aura of honesty, till the next victim comes by.
Be that as it may, the point to ponder is whether the government’s recruitment policy, specially in departments like Police, Excise and Revenue, needs to be changed to ensure the kinds of B. Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case they are recruited they must be dismissed from service if caught red-handed and found guilty, rather than merely suspending them, only to be reinstated later or let them off with minor punishment.
Just as in cases of rape or murder, the law relating to bail in cases of corruption too needs to be changed. The present law relating to bail for these offences seem to be very liberal and lax. When a person is sent to Judicial Custody, he is in jail only for a few hours. Soon he is shifted to a hospital under legal rigmarole and manipulation. Well, why not call it ‘hospital custody’ instead of “Judicial custody”?
Politicians, higher officials and the rich should be discouraged by the law courts from getting this “hospital custody”. Consider this: a politician is arrested for some misdemeanour or offence. He is found in the pink of health at the time of his arrest. But suddenly when he is produced before the court, he feigns illness of severe nature like chest – pain, high blood pressure or even unbearable back ache. Next, we see him being taken to a super – specialty hospital ward in the name of judicial custody instead of being treated in the prison. The same has happened in the case of K. P. Puttaswamy too.
Indian Express dated 1st December, 2009 reported: “While in Kolar jail, he (K. P. Puttaswamy) reportedly complained of chest pain and was taken to hospital. Puttaswamy was later shifted to Jalappa Hospital at midnight and admitted in the VIP ward.” A mockery of law and justice. A show of solidarity by the jail authorities and the doctors!
Considering the all – pervasive corruption in the Police Department, I have a lingering suspicion that most of the missing cases, murder cases, robbery cases, rape cases etc. are not detected at all, simply for the reason of corruption. Filing false complaints or threatening to file false complaint is another ploy employed by the Police. As a journalist, a number of people have come to me to get the complaint registered or if registered to get the case investigated. A couple of years back, the body of a small time planter in Kodagu was found hanging on a tree in the premises of the Race Club and despite the complaint, nothing happened. The persons named as suspects by the victim’s mother (a widow) and relatives were not even taken into custody for interrogation.
The victim’s relatives told me that the culprits had visited the jurisdictional Police Station in the city a couple of times. You can make your own inference.
The senior officers in the Police Department must review periodically all the undetected cases and put pressure on the Station House Officers to solve the cases and for this purpose periodically guide them. However, if the top officers themselves are of the Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy’s kind, God only should help the complainant. I am not aware if there is a psychological test for the candidates who appear for public service examinations — like the IPS, IAS, KAS — to find out the propensity of a person for making money by means fair or foul. I may sound harsh and it may even be illegal, but how about brain mapping under narcoanalysis test to find out the “mind” of the candidate? This day may not be far – off, if corruption continues unabated at this level.
Indira Gandhi was indeed right when she acknowledged corruption as a “Universal Phenomenon”, almost justifying it. No wonder she was also in a way responsible for the present run of corrupt officers in all our government departments and Constitutional institutions. We had always thought at least our Army and Judiciary are well insulated from corruption. Newspapers rarely carried any item relating to corruption in the Army and Judiciary. But today we have Army scams and Judicial corruption almost daily being written in newspapers and shown on TV. Lack of trust in the leadership in all areas of governance is worrying every citizen today. The situation indeed is grim. If a citizen cannot trust a Police Officer, Army General, Chief Justice of the higher court, where shall he go for his security and justice?
Are we as a country lost in the limbo of a democratic anarchy?
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!”
Whether judges are appointed or elected it is their performance on the bench and their accountability for improper activities that is crucial.
While there is great debate as to how judges are put on the bench, the public’s dissatisfaction with the so-called independence of the judiciary and with the inadequacy of the judicial disciplinary machinery is disregarded by the Bench and Bar.
We say that our system of government is a democracy. Yet we have a judiciary with absolute power over our courts, unparalleled in history. This power is founded on judicial independence, judicial immunity and control over the Bar. Our system of government is based on separation of powers and does not allow such concentration of power in the judicial branch.
Florida is typical of the legal system throughout the country. Although the judiciary asserts immense power over the lives of individuals and the conduct of businesses, they have rendered themselves totally unaccountable to the public or to any other branch of government.
The judges and lawyers maintain their stronghold on the legal system on the myth that they are the guardians of the constitutional rights of the people and that the lawyers champion these rights in a court of law that is just and fair.
However, the legal profession has become big business, where justice is not the objective but, to keep the clock running for billable hours for the maximum profit. Although judges and lawyers hypothetically take an oath to uphold the laws and the constitution of the land, in many cases that oath might as well have been taken on the cook book, to brew up litigation to use the legal system for an assembly line conversion of the victim’s assets into fees, or to confiscate it outright.
Even if, there are some judges and lawyers dedicated to the proper administration of justice, unfortunately there are many who are not. To create fees, lawyers can litigate frivolous, false claims or defenses endlessly and can drag on a simple case for years. To stop the litigation, the attorneys can demand payment, a so-called settlement which in many cases is nothing more than a form of extortion. These practices not only harm the individual litigants but, is an unconscionable waste of the taxpayers’ money and clog up the court system.
Many judges acting in conjunction with attorneys, abuse the judicial independence given to them in trust and confidence of the people. The myth is dispelled when we are confronted by judges who disregard the rules; allow the distortion of facts sometimes to the point of perjury; exclude evidence; rely on laws which have no relevance to the legal and factual issues; issue decisions which fabricate facts and are contrary to the record; deliberately omit critical facts from the record; fail to follow the controlling law and precedent; or issue decisions without any stated facts or law; and approve unreasonable and unconscionable fees for attorneys. It is not unusual that property and money are taken from the victims without the required due process and the victims are left with nothing or a token of what they had or were entitled to.
Read about the best judges money can buy Click here Also please read Judges Don’t Care About My Life Click here. Judges should be made accountable for the time they spend on the bench Click here. A response to ABA praising judges Click here. A critical assessment of judges by former judge John Malloy click here. According to a poll take by an American Bar Journal survey more than half of Americans are angry and disappointed with the nation’s judiciary. A majority of the survey respondents agreed with statements that “judicial activism” has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are “arrogant, out-of-control and unaccountable.” To read go go to, http://www.abanet.org/journal/redesign/s30survey.html
To see the judicial selection method in the States go to
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 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 e-voice 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.
FAILURE OF INDIAN LEGAL SYSTEM
India equally faces greater threat from internal enemies – corrupt
public servants ( who are deadlier than pak terrorists). These corrupt
public servants sell everything , motherland , for money , for bribe.
Mumbai terrorists killed 200 people , where as a fake drugs
manufacturer kills thousands of people by selling fake drugs / fake
medicines. Drugs control department officials lets off many such such
fake drugs manufacturers , in turn killing thousands of innocents. The
number of end victims are huge than any terrorist attacks. This is
just one instance , in this way corrupt public servants of various
departments compromise with their official duties & murder scores of
The corrupt public servants network , is oiled far better than italy’s
mafia. Common man doesn’t get justice , even if he complains to higher
officials , vigilance authorities or even court of law. As the bribe
booty reaches higher-ups & political bosses.. thus black money is
The huge profits earned / black money created by criminal
industrialists / entrepreneurs , finds it’s way to money laundering
heavens. Thus our economy is crippled , public exchequer deprived of
it’s dues. The money thus laundered feeds terrorist outfits ,
underworld dons , in their criminal deeds.
Now , underworld / terrorist outfits are involved in huge real estate
business , film production / distribution , film piracy business ,
etc , to reap more illegal profits out of illegal money. This shakes
upside down our government’s fiscal policies.
Corruption in india has taken root & ever growing , due to the failure
of indian legal system. Right from the stage of complaint registration
by police to trial of case & final judgement , everything is
susceptible to manipulation by rich criminals. The saving grace is
still a few honest judges , police are there , who are swimming
against the tide of corruption & doing their public duties honestly.
In the following articles involving actual cases , one can see the
failures of various stages of legal system – registering FIR ,
investigation of case , prosecution-defense nexus , final judgement ,
If a corrupt public servant is apprehended , it is equal to depriving
100 terrorists out of funds , putting 100 criminals out of action.
Will the common man raise to give a befitting lesson to corrupt
TORTURE CHAMBERS OF INDIA – 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA – Gross violations of human rights by police
At the outset , e – Voice salutes the few honest police personnel who
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
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
“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
holmes , to cover-up his own inefficiency he uses 3rd degree torture
2) When the I.O is biased towards rich , powerful crooks , to
innocents & to extract false confessions from them , 3rd degree
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.
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
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill
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
& 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
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 ,
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
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
torture on detainees and kill detainees in the name of encounter
2) To dismiss such inhuman , cruel personnel from police service
forfeit all monetary benefits due to them like gratuity , pension ,
3) To pay such forfeited amount together with matching
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
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide
torture free climate to all parties , witnesses in cases before his
7) To make public the amount & source of ransom money paid to
brigand veerappan to secure the release of matinee idol mr. raj
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
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 &
13) To make police force answerable to a neutral apex body instead
political bosses. Such body must be empowered to deal with all
matters of police.
14) The political bosses & the society must treat police in a
manner and must know that they too have practical limitations. Then
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
& must be put on detective , investigative works.
Nowadays , we are seeing reports of corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.
We at e – voice are for “Rule of Law” & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi’s dream.
CRIMINALS IN POLICE UNIFORM
– An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially
law instead are working as hand maidens of rich & mighty. The
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
, cigareetes , etc. they get spacious cells & get best private
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there
few honest people left in the police force.
Hereby , e-voice urges you to make public the
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are
charges of corruption , 3rd degree torture , lock-up/encounter
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
3.how many officials from the ranks of constable to DGP have amassed
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e – voice is ready to bring to book corrupt police officials subject
conditions, are you ready ?
8.how many police personnel are charged with violations of people’s
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE
In india , Law is one & same for all , however in it’s implementation
& enforcement , the public servants are practicing double standards.
Poor Innocents are harassed , tortured all in the name of law ,
rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records &
are going scot free. The Public Servants treat Rich Criminals
Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme
chief justice & President of india are hiding information relating to
crime , covering-up crimes , violating commoner’s human rights ,
fundamental rights , obstructing citizen from performing their
Constitutionally prescribed Fundamental Duties as Citizens of
no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also
becomes a criminal , if a commoner violates the fundamental / human
right of a rich person , if a commoner obstructs a public servant
performing his public duties , all those become crimes & he is
booked for each counts.
Why not police registering complaint against the above stated public
servants for above crimes. IS IT NOT DOUBLE STANDARD.
POLICE NOT REGISTERING FOLLOWING COMPLAINT
LIG-2 / 761, HUDCO FIRST STAGE,
MYSORE – 570017.
Honourable DG & IG of Police ,
State Police H.Q ,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants
In India , as per constitution of india all citizens are
equal , have right to equal oppurtunity &
equitable justice irrespective of caste , creed , religion , etc. the
constitution has guaranteed these to every indian
citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every
humanbeing on earth has got HUMAN RIGHTS, by virtue of
his / her birth.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC
SERVANTS have forgotten this & are acting as lords ,
autocrats – unquestionable public masters. CONSTITUTIONAL
FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers &
paymasters of this very same public servants.
In India , corruption has spread it’s tentacles far &
wide , it has not even spared the judiciary. The last
resort of commonman for seeking justice is judiciary , even there
corruption has spread.In present day India , if one
is rich , he can committ any type of crime & get away clean from
courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up
different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture ,
file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the
list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a
deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks
for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK
ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is
left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is
corrupt , people’s last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST
LITIGATION before hon’ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT DOES
PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous
products from india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings
by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying
court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india’s defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti
nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national
security , as public are affected by them. still supreme court of
india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good ,
inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was
very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief
justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
amounts to suppression of information , truth , evidences , which is a
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
CORPORATE CRIMES RPG CABLES LIMITED
MEGA FRAUD BY GOVERNMENT OF INDIA
are you ready to catch tax thieves ?
MOBILE PHONES , CURRENCY SCANDALS
reliance industry where is accountability ?
crimes at infosys campus
crimes by B.D.A against a poor woman
crimes of land mafia in India
currency thefts in RBI Press
killer colas & killer medicines of India
We do have highest respect for all constitutional bodies ,
public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt
colleagues.The Honourable Chief Justice of India & H.E.Honourable
President of India
have violated their oaths of office , failed in their constitutional
duties , suppressed material truths / informations & thereby
violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC
HUMAN RIGHTS & Obstructing me from performing constitutionally
prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.
Hereby , i do
request you to legally prosecute the below mentioned public servants
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper &
the related materials at the weblinks provided, forms part of this
complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal nexus ,
then that compensation money must be donated to Indian Army Welfare
Fund. afterwards , the money must be recovered by GOI as land arrears
from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. thanking
Jai Hind , Vande Mataram.
Date : 04.07.09………………… your’s sincerely,
Place : Mysore…………………. nagaraj.m.r.
CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? – WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and-run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel NDTV caught both lawyers in a “sting” operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.
“The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand… There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case,” observed the court, which had taken suo motu cognizance of the expose the day after it was aired.
“Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc,” said the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying it would not be “proper” to do so.
Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, “the unshakeable truth is that Mr Anand is guilty of criminal contempt of court”.
Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such “sharp practices”. “Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha,” noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills — “perhaps the reason why he was appointed Special Public Prosecutor in the BMW case”. High expectations over Khan fell apart when his conduct “betrayed the trust that prosecution reposed in him… what he did was perhaps beyond the realm of contemplation of the prosecuting agency”.
Chastising the two for their misconduct, the Bench said: “We are not dealing with a young lawyer who, driven by ambition and desire… transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar.”
The court forwarded a recommendation that the two be “stripped of their designations as senior advocates”. The High Court Registrar General will put up the court’s recommendation before Chief Justice AP Shah within a month.
In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi’s Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003.
* In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi’s death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh’s son Jagat Singh in the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case
When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence.
Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ?
The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues.
CASH FOR JUDGEMENT
Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge’s house, said today that she was a “victim of a vilification campaign.”
Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that “some influential persons were trying to shift the focus on her to save the real accused.”
Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal’s clerk “mistakenly” delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court.
“Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month,” Justice Yadav said. “I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice.”
Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had “proceeded on leave.” She said she would not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to “maintain the highest traditions of Indian judiciary.” Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision.
It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role.
While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.
“Can’t a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh,” she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis.
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana’s Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal’s friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and Delhi-based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge.
•August 22: Justice Nirmal Yadav proceeds on leave
Caught in controversy is Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.
This purchase is said to have figured in the meeting between Justice Yadav and the High Court Chief Justice yesterday. Justice Yadav is said to have told the Chief Justice: “Can’t a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh.”
The purchasers and sellers obtained permission from the Himachal Pradesh Government under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a General Power of Attorney to Surinder Kumar (one of the partners among the sellers), who executed a sale agreement in favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi, a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector 11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.
Three booked in judge bribery case
Haryana Addl Advocate General among booked
Chandigarh, August 16: Three persons, including Additional Advocate General of Haryana Sanjeev Bansal, were on Saturday booked for an attempt to bribe a Punjab and Haryana High Court Judge.
The other two are Bansal’s munshi Parkash, who had carried Rs 15 lakh to the residence of High Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based businessman who has a hotel in Karol Bagh.
The munshi was taken into custody while a police party has been despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was supposed to be handed over to some other public servant but was mistakenly delivered at Kaur’s house.
An FIR was lodged after Kaur complained to the police. She also reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get settled a criminal case pending in the High Court. The case is due to come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property deal he had struck with a resident of Panchkula. The money was supposed to be delivered to one Nirmal Singh and was mistakenly delivered at the judge’s house.
Verma, however, said the preliminary investigation had ruled out the possibility of the amount being related to any property deal.
“Bansal failed to give a detailed account of the cash. He produced some papers pertaining to some property in Panchkula but that did not carry any weight. Our investigations caught him on the wrong foot and, therefore, we booked him along with two others under the Prevention of Corruption Act and criminal conspiracy,” he added.
Bansal has been handling several high-profile cases. He is one of the dozen-odd Additional Advocate Generals appointed by the Haryana Government about two years ago.
Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad
* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format
If the Judges go corrupt, then it is GOD who will give one justice when one go to heaven or hell. It is a Irony that I filed a complaint against a District and Session Judge who later promoted to High Court of Allahabad. I wish the God will serve HIS justice to Hon’ble Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice at Rs 100000 per page!!
Here I am elaborating what had happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father’s property and in March 1994 they beat him and pulled his legs( just imagine the pain) making him handicapped for life. Then in court those guys were merely sentenced for 6 months in Jail, but they did not went for the jail for single day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal. It is a shame on Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years and even then not given the justice.
Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta.
It is the habit of Parashram and MohanLal to record the conversation while giving bribes on hidden audio recorder and the same cassette can be recovered if the authority try. It is been 8 months since I have informed various authorities by registered letters and phone calls from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance Officer for no action till date and the recording attached is from Sept 2002.
Similarly I have spoken with Mr. K. S. Rakhra who was posted as Registrar General but no action till date, and the recoding shown is from Sept 2002 too.
Even CBI has forwarded my letter to Registrar General, but no action is taken on that one too.
I have emaild my plea to few High court Judges too for no response.
I just hope GOD is there who will give some justice. But the corrupt Judges should stop imitating as GOD they are devil actually.
The only solution can be people make a limit. How much money a person needs. I often think about a story that a saint refused to take the food as he already got the food for today and he do not want to collect for tomorrow. But I don’t know why people want to generate money for 7 generations. If a careful analysis and investigation is done Umeshwar Pamdey has Black money worth 3 generations. I guess instead of Lakhs and Carore now corruption should be measured in generations.
Education is important. People need to understand the meaning of freedom truly. IF I say boldly India is still not free. People have mentality that they need to pay to Government officials for work. This mentality has to be removed.
HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court judge in Rajpipla after receiving several complaints of corruption and favouritism against her.
Rajpipla fast track court Judge DL Desai was suspended on Thursday evening after a primary inquiry held by the court’s vigilance department said that the complaints against her had substance. Further inquiry against her will be conducted by the department. Besides the complaint of favouritism in Rajpipla, where she was presently posted, the Desai was also accused of similar charges and issuing certificates without proper verification in Bharuch, where the she was discharging her duty as a principal district judge, the High Court authorities said.
The HC administration seems to be seriously taking the issue of corruption prevailing in Gujarat’s judiciary, as Desai’s is the fourth suspension in last three months. Earlier in May, a judge in Surat’s court, AN Vinjhola was suspended after similar complaints against him. The court administration also found him in possession of property out of proportion considering his known sources of income. Last month, two judges were suspended on charges of corruption. The Ahmedabad city civil Judge NM Thakor and KV Kakkad were also suspended by the HC after holding preliminary inquiry into complaints against them.
All the four suspended judges are now facing departmental inquiry.
FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER’S EXPENSE
New Delhi: CNN-IBN’s exclusive report on some judges using official trips to holiday, has sparked off the debate – should judges be above the purview of the Right to Information (RTI) Act?
RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well.
Questions are now being asked in South Block, too, following the expose on Supreme Court judges.
Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction.
“I think the judges must pay or should pay the amount to the government,” Bar Council of India Chairman SNP Sinha said in Patna on Wednesday.
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan’s 11-day trip to Pretoria, South Africa in August 2007 the route was – Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg, Victoria Falls, where the judge finally didn’t go and back to Delhi via Dubai.
Former chief justice YK Sabharwal attended three conferences in 2005 to Edinburgh, Washington and Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days converted into a private visit.
The travel plan included a detour from Washington to Baltimore, Orlando and Atlanta, before rejoining the conference route in Paris.
The First Class air fare for Sabharwal’s entire trip was paid by the government.
Activists are now renewing the debate on the RTI act applying to judges as well
RTI activist Arvind Kejriwal said: “It only underscores why the RTI needs to be applied to judges and judiciary.”
Just like Caesar’s wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable.
Failure of RTI Act in India
– In the clutches of corrupt public servants mafia
In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.
The corruption has spread it’s tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.
The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?
In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?
The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.
When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.
The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.
Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.
We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.
In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.
Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ?
Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?
In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ?
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 justiceâ€¦” [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.Â• 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 &Â• 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 Burnersâ€¦” ( 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’ placesâ€¦drinkâ€¦dineâ€¦” (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.
India: Time to end the lethal lottery of India’s death penalty system
(New Delhi): The first major study into India’s legal judgements on death penalty cases has revealed that the system is riddled with fatal flaws and that the only remedy is to abolish the death penalty completely, said the study authors in New Delhi today.
Amnesty International believes that at least 140 people have been sentenced to death in 2006 and 2007. According to the latest available official figures, there were 273 persons on death row as of 31 December 2005. But this figure is likely to be considerably higher today.
The fate of these death row prisoners is ultimately a lottery. In the first comprehensive analysis of around 700 Supreme Court judgements on death penalty cases over more than 50 years, the authors expose a judicial system that has failed to meet international laws and standards relating to the death penalty.
Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry) have issued the study, Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006.
It is the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases. It demonstrates that:
• the administration of the death penalty in India has not been in the “rarest of rare cases” as claimed in the country
• on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants.
Dr V Suresh, President, PUCL (TN & Puducherry) said: “While the death penalty continues to be used in India, there remains a danger that it will be used disproportionately against ethnic minorities, the poor or other disadvantaged groups. There is only one way to ensure such inequalities in the administration of justice do not occur: the complete abolition of the death penalty.”
Amnesty International welcomes the current hiatus of executions in the country. The relative lack of executions in the last decade — one in 2004 — illustrates that the people of India are willing to live without the death penalty.
“India stands at a crossroads. It can choose to join the global trend towards a moratorium on the death penalty, as adopted by the UN General Assembly last year. It will also then join 27 countries in the Asia Pacific region which have abolished the death penalty in law or in practice.
“Or it can continue to hang death row inmates, when the judicial system that puts them there has been shown by this extensive research to be unfair,” said Mukul Sharma, Amnesty International-India Director.
The full report is available at http://www.amnesty.org/en/report/info/ASA20/007/2008 and a summary, at http://www.amnesty.org/en/report/info/ASA20/006/2008
The study of the courts highlights some of the main failings as:
• Errors in consideration of evidence – most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted sarcastically that the main witness’s memory constantly improved. His testimony at the trial three years after the incident was observed to be far more detailed than his confessional statement recorded a few days after.
• Inadequate legal representation – concerns included lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary.
• Anti-terrorist legislation – concerns include the broad definition of `terrorist acts’, insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence.
• Arbitrariness in sentencing – in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily.
• In the Bachan Singh judgment of 1980, the Supreme Court ruled that the death penalty should be used only in the “rarest of rare” cases. More than a quarter of a century later, it is clear that through the failure of the courts and the State authorities to apply consistently the procedures laid down by law and by that judgment, the Court’s strictures remain unfulfilled.
A total of 135 countries have abolished the death penalty in law or in practice, having realised executions are unacceptable. In 2007, only 24 countries carried out executions (China, Iran, Saudi Arabia, Pakistan and the USA were the main five perpetrators, accounting for 88 per cent of all known executions). See http://www.amnesty.org/en/death-penalty
Judicial nepotism rampant in India
April 12, 2007 by CyberGandhi
In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don’t appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.
NDTV discovered that this trend, where two judges or a group of judges have children practising in each other’s courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of India demanded the transfer of all judges whose relatives practised in the same courts.
A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other’s relatives.
He quoted eminent jurist HM Seervai: “Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge’s son as an advocate.”
“It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.”
The order sparked off a protest by judges in Punjab who took mass leave. Justice BK Roy was subsequently transferred, and since then, the order has been ignored.
“Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh.”
“The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited,” said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.
Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.
Finally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.
It completely skirts the issue of close relatives of a judge practising in the same court – the Uncle Judge or Son Stroke syndrome.
“There are complaints from all over the country that judges’ children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge,” said M N Krishnamany, President, SC Bar Association.
Judges are, in fact, expected to follow a code of conduct which points out that: “Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed.”
But is this distance really possible?
“If your son, brother or sister is practising in the same court, you can’t eschew close association with your son, daughter or brother.”
“Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising,” said Prashant Bhushan, Member, Committee on Judicial Accountability.
However, as figures show, this is clearly not the trend.
In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in Delhi High Court, the close relatives of nine sitting judges are practising lawyers.
Also senior lawyers feel that the children of judges are often favoured.
“That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position,” said Jaganath Patnaik, President, Bar Council of India.
“It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also,” said M N Krishnamani, President, SC Bar Association.
The public impression is that in order to get a favourable order, it’s better to hire a close relative of a judge to plead your case.
Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?
Ajmer Singh, Wednesday, April 11, 2007 (New Delhi), NDTV.COM
JUDGES IN PROVIDENT FUND SCAM ?
NEW DELHI: Faced with accusations having the potential to unhinge the traditional public perception of the judiciary’s clean image, the SC on Monday decided to examine the possible mode of probe into the Rs 23 crore illegal PF withdrawal scam allegedly involving 23 judges, including some from the HCs and one from the apex court.
The difficult question on the mode of probe was posed by a petitioner, who is the chairman of Advocates Welfare Trust and Bar Association of Ghaziabad — the place where the scam took place — even as CJI K G Balakrishnan had shown faith in the integrity of the judges by asking the UP police, which is probing the scam, to send questionnaires to the judges, whose names allegedly figured in the scam.
Unwilling to have the judges interrogated by the police at first go, SC had written to the UP police that if the response of those judges to the questionnaire did not satisfy the probe team, then it could send request for personal interrogation.
The request for interrogation in person would be considered on merit, the SC had told the police in a communication. Appearing for the Bar, senior advocate Fali S Nariman flanked by senior advocates Anil Divan and M N Krishnamani expressed concern over the scandal and also pointed out the possible dent in the image of the judiciay if an SHO was seen interrogating a judge.
Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M Panchal appeared undecided about the constitution of a committee as suggested by Nariman, it decided to seek the assistance of solicitor general G E Vahanvati to chart out a possible course to deal with the situation.
To keep the proceedings off the media glare, the bench decided to take up the matter in chamber on July 14, when Vahanvati and other senior advocates would make good their assistance to look for a way out of the problematic situation.
The petition said one Ashutosh Asthana, the Central Nazir in the judgeship of Ghaziabad, had allegedly confessed before a magistrate about his role in the PF scam and had allegedly mentioned the names of 23 judges who were beneficiaries of the ill-gotten money.
Death Bells Ring For India’s Dissident Websites
By Sevanti Ninan
The controversial Mr. A. Raja does not just preside over telecom, which the country’s biggest industrialists are interested in. He also presides over the lawmaking which governs the use of the Internet in India. Surely that is something which deserves at least as much media vigilance as the awarding of telecom licences to companies?
Last year, a few weeks after the Mumbai attacks in November, a Bill which had been sitting around in a Standing Committee since 2006 was hastily passed, without much debate in parliament. The Information Technology (Amendment) Act, 2008 seeks to give teeth to existing laws on information technology and cyberspace. Last month, shortly before Mr. Raja began his second stint, the Department of IT posted on the Internet the results of its labours in drafting rules for this Act. Since the devil is in the details, the import of the Act resides in the rules. These are still at the draft stage, you are invited to send your comments to the Government of India, which does this feedback exercise to show how democratic it is. http://www.mit.gov.in/default.aspx?id=969
Here, then, is an idiot’s guide to what Mr. Raja and his men are proposing to do, in the name of national security, safe Internet use, and suchlike.
a) Intercept email, under Section 69 of the Act
Who can give orders for such interception? Technically, only the Union Home Secretary or the Home Secretary at the state level, but in unavoidable circumstances also a Joint Secretary. In further unavoidable circumstances — in an emergency (not defined) in a remote area (not defined) — a security officer of the rank of an Inspector Feneral of Police can order the interception. They have to get it okayed in a week’s time by a Home Secretary or Joint Secretary or cease intercepting.
What about laws protecting privacy? This provision circumvents those in the name of security.
b) Block websites and web content, under Section 69A
A designated officer of Joint Secretary-level is empowered to handle requests for blocking from departments or individuals. He submits the request to an inter-ministerial committee of Joint Secretaries, including one from the Ministry of Information and Broadcasting. In an emergency, scrutiny by just the designated officer will do, and the final permission has to come from the Secretary, Department of Information Technology. What can be the basis for a request to block? The Sovereignty or Integrity of India, the Defence of India, the Security of the State, Friendly Relations with Foreign States, Public order, and, for “preventing incitement to the commission of any cognisable offence relating to above.” Apart from the fact that all of the above are open to interpretation, do note the “preventing incitement” bit. In case somebody thinks you might provoke someone to do something, they can block your website.
What about a right to be heard before the blocking? There is none. The job of Secretary, Department of Information Technology, suddenly becomes a pivotal one in the matter of freedom of expression. He has the final say in any blocking.
Review of the decision? A committee headed by the Cabinet Secretary, GOI, needs to meet at least once in two months for that. As a CERT-IN official said at a recent meeting when questioned about the inordinately long time taken for a review, “Bahut cases hote, saab. Cabinet Secretary khali nahin baithe hota.” His point was that overall there is a four-level scrutiny, and that so far blocking of web pages or sites has been very rare indeed, three to four cases in the last five years.
c) Monitor and collect traffic data relating to a website, in the name of ensuring cyber security, and foiling cyber security incidents. Under Section 69B.
d) Set up an Indian Computer Emergency Response Team (CERT-IN), whose constituency “shall be the Indian cyber community”, under Section 70B (1).
If you plough through all the citizen-friendly sounding stuff that this team is supposed to do, you will hit upon this clause: “For carrying out its functions prescribed in section 70 (B) of the Act, CERT-IN may seek information and give directions for compliance to the service providers, intermediaries, data centres, body corporate and any other person, as may be necessary.” This innocuous body can order your service provider to cough up any data it wants. And what level of officer can do this? Any officer of CERT-IN, not below the rank of Deputy Secretary to the Government of India. Again, the defence is that this clause only relates to cyber security. The rules empowering CERT-IN are drafted by the organisation itself. Talk of giving yourself powers because you are making the rules!
e) Define the liability of Network Service Providers, under Section 79.
This is a section for which the rules have not yet been posted, because there is hectic lobbying going on by industry. It seeks to protect the companies that operate in India as Network Service Providers from being liable for any third party information, data, or communication link made available or hosted by them. They are not liable so long as they “do not initiate the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission, and so long as they observe due diligence while discharging their duties under this Act.” But once they come to know of data posted on their servers which could be interpreted as violating the “integrity of India, defence of India, friendly relations with foreign States” bits and do not remove it, they become liable.
Who will be defined as a network service provider? What will be defined as due diligence? What will be the definition of an intermediary? Industry is lobbying with CERT-IN on these issues. Sachin Pilot is the minister in charge.
But is civil society mounting enough of a fight to protect privacy, and prevent web content blocking without a prior right to be heard? Is it doing enough to oppose the extraordinary powers Mr Raja’s ministry is arming itself with? You know the answer to that one.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Everyone has the right to life, liberty and security of person.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Everyone has the right to recognition everywhere as a person before the law.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
JUDICIAL ACCOUNTABILITY – APPEAL NO.3
1st October, 2009
Hon’ble Mr.Justice K.G. Balakrishnan
The Chief Justice of India
Hon’ble Mr.Justice B.N. Agarwal
Hon’ble Mr.Justice S.H. Kapadia
Hon’ble Mr.Justice Tarun Chatterjee
Hon’ble Mr. Justice Altamas Kabir
Supreme Court of India,
Sub: Details of more acquisitions by Justice P.D.Dinakaran
Ref: Our Representations dated 09.09.09 and 17.09.09.
Subsequent to our earlier representations referred to above, additional information regarding amassing of further properties and exercise of judicial powers to decide cases in his own cause by Justice P.D.Dinakaran has emerged. The information furnished below also provides further documentary proof of his acquisitions detailed in our earlier representations.
I. Three housing plots from Tamil Nadu Housing Board near IT Corridor, Chennai in 2005.
1. In the year 2005, 3 plots of 3600 – 3800 sq.ft. each were obtained by Dr.Mrs. Vinodhini Dinakaran and the two daughters Amudha and Amirtha. The plots for the daughters were applied for first in the names of Mr.James Kuppusamy, father-in-law (then aged 83 years) and Mrs. M.G. Paripoornam, mother-in-law (then aged 73 years). The plots were allotted by the Tamil Nadu Housing Board at Sholinganallur Village Neighbourhood Scheme Phase III, Tambaram Circle, Kancheepuram District. Sholinganallur is a suburb near the IT Corridor of Chennai City and any property there is considered as prime property.
The allotments have been made in violation of many eligibility conditions prescribed by the Tamilnadu Housing Board.
The father-in-law and mother-in-law of Justice P.D.Dinakaran are learnt to have said in their applications to the Housing Board that they were not assessed to income-tax and their annual income was only Rs.56,668/- and Rs.49,200/-, respectively. Thus they were not even eligible for the allotment under the High Income Group for plots (annual income above Rs.90,102), from the Housing Board.
2. Shocking modus Operandi to secure property beyond limit under a public housing scheme and acting as Judge in own cause
i) Joint Applicants:
Three joint applications were made on 19.06.2002 for allotment by the Tamilnadu Housing Board by:
a) One V.Sarala (relationship not known) and Dr. Vinodhini Dinakaran (wife)
b) James Kuppusamy (father-in-law) and P. Vimala (sister of P.D.Dinakaran) and
c) J. Williams (brother-in-law) and Mrs. M.G. Paripoornam (mother-in-law)
(ii) Withdrawal of co-applicants:
The joint-applicants withdraw on the same date, 27.03.2003, thus leaving Dr. Vinodhini (wife), James Kuppusamy (father-in-law) and M.G. Paripoornam (mother-in-law) as the sole applicants.
(iii) Wife and in-laws Sole allottees:
Finally the allotment of one plot each was confirmed on 04.07.2003 by the Tamil Nadu Housing Board as follows:
(a) Dr. Mrs. Vinodhini Dinakaran, wife – 360 sq.m. Plot No.HIG II/25
(b) Mr. James Kuppusamy (83 years), father-in-law – 336 sq.m. Plot No.HIG II/43 and
(c) Mrs. M.G. Paripoornam (73 years), mother-in-law – 336 sq.m. Plot No.HIG II/44.
(iv) Cost of purchase:
The sale deed for the properties were registered on 01.09.2005 for Rs.6.90,770, Rs.5,15,900/- and Rs. 5,15,900/-, respectively. This is gross undervaluation. However, the Housing Board actually seems to have asked for escalated cost of Rs.8-11 lakhs. That the latter is the actual value is clear from the entry two days later on 03.09.2005 as shown below.
v) Transfer of property to daughters
Within two days of the sale, viz., on 03.09.2005, both the father-in-law and mother-in-law effect a ” settlement” of their plots on Justice P.D.Dinakaran’s daughters Amirthaporkodi Dinakaran and Amudhaporkodi Dianakaran, respectively, thus completely subverting and defeating a public housing scheme meant to serve those without property and in need of housing. The value of the property is shown as Rs.8,59,824/-. Within two days the value shoots up by 3.5 lakhs, which is the real value.
The Encumbrance Certificate dt.30.09.2009 and a translation of relevant entries are enclosed.
3. Allotments in violation of Rules:
The Tamil Nadu Housing Board allotments are in complete violation of the allotment Rules.
a) As per the Board’s condition No.1 for registration, not more than one plot per family can be allotted, whereas the father-in-law and mother-in-law of Justice P.D.Dinakaran have been given two separate plots. This condition was further defeated when the two daughters of Justice P.D .Dinakaran were given the plots on settlement, even as their mother had been allotted a plot.
b) According to condition No.1, a person owning any property in any town in India is not eligible to apply, whereas Dr. Vinodhini Dinakaran, who already owns property at No.28, East Park Road, Shenoy Nagar, Chennai was allotted a plot.
c) James Karuppusamy, the father-in-law and M.G.Paripoornam, mother-in-law with Rs.56,668/- per annum and Rs.49,200/- per annum, respectively, fell below the minimum eligible income limit for a High Income Group allotment, but were still given the plots. It is reliably learnt that these income details were declared by them in their applications in June 2002 to the Tamilnadu Housing Board.
4. Subversion of justice for personal gain
While Justice P.D. Dinakaran’s wife Dr. Vinodhini Dinakaran, his father-in-law and mother-in-law were beneficiaries of allotment of housing plots in the Sholinganallur Neighbourhood Scheme Phase III, and the Housing Board was yet to effect the sale in their favour, on the judicial side the judge decided W.P.No.9075/97 by his Order dated 29.01.2004 ( Kuresh A. Kapadia Vs. State of Tamil Nadu & others- 2004 (1) MLJ 630 ) and upheld the land acquisition for the very same Scheme. Consequently, the way was cleared for the Housing Board to effect sale of land to the allottees and Dr.Vinodhini and her parents were direct beneficiaries of Justice Dinakaran’s judicial order. The sale deeds were thereafter registered on 01.09.2005. This is gross abuse of office and subversion of justice.
II. Property at Ooty, Nilgris District, Tamil Nadu in 2009. (market value Rs.8 -9 Crores)
1. Document No.1078/2009 dt 28.08.2009 registered with Sub-Registrar I, Ooty: 4.5 Acres property with a bungalow in Survey No.4813/1C has been purchased in the name of Mrs. Paripoornam, wife of late James Kuppusamy, mother-in-law of Justice P.D. Dinakaran, at the end of August 2009.
2. The Government Guideline value of property in this area is Rs.150/-sq.ft., which works out to nearly Rs.3 crores for 4.5 Acres. The Government Guideline value published on the Registration Department website is enclosed. The market value is reported to be Rs. 8-9 crores approximately. The cost of the bungalow would be in addition to the cost of the land. However, the property was grossly undervalued at Rs.33,75,100/- as clear from the Encumbrance Certificate which is enclosed. The Registration Department has raised an objection under Sec.47-A of the Indian Registration Act and the dispute is pending.
3. It is learnt that the parents in-law did not have resources to support such investments, which is also apparent from their declarations in their applications to the T.N.Housing Board. Mrs. Paripoornam, mother-in-law of Justice P.D. Dinakaran retired as a Headmistress of a school and her husband James Kuppusamy retired as Assistant Foreman (Security) in Ooty and is no more.
III. Cost of properties at Shenoy Nagar and Anna Nagar, Chennai.
In our earlier representation we pointed out to the acquisition of property by Justice P.D. Dinakaran at Shenoy Nagar and Anna Nagar, Chennai. We now have further information and details in respect of the same.
A. Property at 27 & 28, East Park Road, Shenoy Nagar, Chennai, (Office Complex).
The Shenoy Nagar property seems to have been partly purchased before and partly after the appointment of Mr.P.D. Dinakaran as judge of Madras High Court
The Encumbrance Certificate dated 30.09.2009 for 28, East Park Road enclosed herewith reveals:
a) 3236 sq.ft. – purchased by Mr.P.D.Dinakaran and Dr. K.M.Vinodhini Dinakaran in 1990 for 5.5 lakhs and subsequently his share was settled in his wife’s name on 10.12.2001.
b) 2688 sq.ft. – purchased by Dr.K.M.Vinodhini on 15.07.2002
Since, the second purchase was undervalued proceedings under Sec. 47A(1) of the Indian Registration Act were taken and finally a stamp duty of Rs. 1.49,721/- was paid. As per Government Guideline value of Rs.1069/- per sq.ft., the cost was Rs.28,73,472/-
B. Property at J-81, Anna Nagar, Chennai, jointly purchased by Justice P.D. Dinakaran (Rs.37,85,040), Dr. Vinodhini Dinakaran (Rs.28,35,000) and Mrs. M.G. Paripoornam, mother-in-law (Rs.24,30,000/-) during 2005-2006 totals to Rs.90,50,040/-. (see EC sent with our Representation dated 17.07.2009).
IV. Loans availed
It is learnt that Justice P.D. Dinakaran and his wife Dr. Vinodhini have taken loans running to more than Rs.1.59 crores in recent years.
a) Dr. Vinodhini Dinakaran availed two loans from Indian Overseas Bank, Anna Nagar, Chennai (see EC dt. 23.09.2009 for 28, East Park Road, Shenoy Nagar, Chennai)
(i) 2007 – Rs.62 lakhs
(ii) 2008 – Rs.35 lakhs
b) Justice P.D. Dinakaran is reported to have taken loans as below:
(i) Bank of Baroda – Rs.56 lakhs
(ii) Government Housing Loan – Rs.6 lakhs
(iii) Provident Fund Loan
The Bangalore Mirror dated 20.09.2009 reports the loans mentioned at (i) to (iii) above. It is learnt that the required EMI payments for these loans are close to Rs.3 lakhs per month.
V. Other Violations
1. Chennai Metropolitan Development Authority approval plan dated 07.09.2007 granted to Dr.Vinodhini Dinakaran, sanctions an office building with stilt+4 floors at No.27 & 28, East Park Road, Shenoy Nagar, Chennai. However, 5 floors have been built. 5th Floor is wholly illegal, yet the CMDA has on inspection issued a Completion Certificate on 10.07.2008.
2. Earlier, we had detailed the encroachment of public property by the judge and his family in village Kaverirajapuram. We enclose herewith independent reports from national dailies and news magazines in this regard, which show that the dalits and the landless poor in the village are living in mortal fear and have been deprived of access to Government lands and common village properties because of the illegal encroachment by the judge and his family. The reports are as follows:
a) “The Hindu” dt. 23.09.2009,
b) “Mail Today” dt. 24.09.2009,
c) “The Indian Express” dt. 27.09.2009,
d) “The Pioneer” dt. 20.09.2009 & 21.09.2009,
e) “Outlook” dt. 05.10.2009.
VI. Operation – Personal Aggrandisement
A Fraud on Public Trust
Corporate façade: We have already set out in our earlier representations how hundreds of acres of lands are reported to be partly acquired by four companies, viz.,
i) Dear Lands (India) Pvt. Ltd.
ii) Amudham Gardens Pvt. Ltd.
iii) Amirtham Gardens Pvt. Ltd. and
iv) Canaan Gardens Pvt. Ltd.
The relationship of the Directors in the four Companies are given in the annexed chart. It will be seen that James Kuppusamy (father-in-law), M.G.Paripoornam (Mother-in-law), P.Vimala (Sister) and J.Williams (Brother-in-law) are persons of poor financial resources as given in their applications to the Housing Board in 2002 and were not even Income Tax payees then. Yet companies are incorporated in 2001 with substantial shareholdings shown for each of them.
Benami transactions: A cursory glance at the manner of acquisition of properties by Justice Dinakaran’s wife and children reveals a clear pattern. Properties are initially purchased in the name of the aged parents-in-law and subsequently “settled” in the name of Dr.Vinodhini (wife) or Ms. Amudha Dinakaran or Ms.Amirtha Dinakaran (daughters). For instance the 30% share in house site in Anna Nagar first purchased by Mrs.Paripoornam (mother in-law) was settled later to her daughter, Dr.Vinodhini Dinakaran (wife of the judge) on 21.08.2006 i.e. in less than a year. The remaining 70% share was bought jointly by Justice P.D.Dinakaran and his wife.
A similar pattern is evident in the Housing Board Allotments where the applications were made by the aged parents-in-law of Justice P.D.Dinakaran along with one other individual who subsequently withdraw the application and the final allotment is made in the name of the parents-in-law. Within two days thereafter, the parents-in-law have settled these properties in the name of the two daughters of Justice P.D.Dinakaran.
The expensive property in Ooty has also been bought in August 2009 in the name of the aged mother-in-law, Mrs.Paripoornam who is now close to 80 years.
Fraud on public exchequer: There is also systematic and gross undervaluation of the properties at the time of every registration of the sale deeds, in order to evade payment to the public exchequer.
The information and materials submitted by us so far, show clearly that the assets possessed by Justice P.D. Dinakaran, his wife and children are disproportionate to the known sources of his income. The so called ownership of properties by his extended family is an eyewash, as is clear from their financial status and the fact that the property is invariably given over by `settlement’ to either Justice P.D. Dinakaran’s wife Dr.Vinodhini Dinakaran or their two daughters. The veil of ostensible documentations and corporate operations cannot hide the fact that the real ownership lies with Justice P.D.Dinakaran, who has gained wealth through illegal and corrupt means.
As persons interested in the integrity and independence of the judiciary we are greatly alarmed and shocked at the machinations and deception by a holder of high judicial office. Using the immunity attached to the Constitutional post, Justice P.D. Dinakaran has with impunity committed acts which are illegal, immoral and unethical. Far from holding office in public trust, he has committed fraud and operated the system for personal aggrandisement. The moral authority of the judiciary to judge those who are brought to justice to face charges of corruption and public wrongs will be completely eroded if Justice P.D.Dinakaran is allowed to continue as a judge anywhere.
If Rule of Law has to prevail, we strongly feel and urge that
(i) an immediate investigation and enquiry should be initiated into the allegations against Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and action for his removal through impeachment should follow and
(ii) until the process of investigation, enquiry, impeachment and removal is over, Justice P.D.Dinakaran should not be allowed to discharge his judicial or administrative functions
This case also brings to attention the gaping void in our Constitutional law that does not provide for any immediate suspension of a judge of the higher judiciary, whose continuance so seriously compromises the integrity of the judicial system. While there are precedents, where a Chief Justice of a High Court or the Supreme Court of India can withhold allotment of judicial functions to a judge pending enquiry, there are no precedents where the conduct of the Chief Justice itself is in question.
We therefore appeal to you as members of the Supreme Court Collegium to intervene urgently to advise Justice P.D.Dinakaran, Chief Justice of Karnataka High Court to desist from exercising any judicial or administrative functions pending completion of an enquiry and a final decision on the same.
JUDICIAL ACCOUNTABILITY APPEAL NO.2
17th September 2009
Hon’ble Mr.Justice K.G. Balakrishnan
The Chief Justice of India
Hon’ble Mr.Justice B.N. Agarwal
Hon’ble Mr.Justice S.H. Kapadia
Hon’ble Mr.Justice Tarun Chatterjee
Hon’ble Mr. Justice Altamas Kabir
Supreme Court of India,
Sub: Further particulars with supporting materials Regarding Mr. Justice P.D. Dinakaran, Chief Justice of Karnataka.
Ref:Our earlier representation dated 9.9.2009.
We are forwarding further materials that we have received regarding Mr.Justice P.D. Dinakaran’s assets and his rather unusual judicial orders.
I. ASSETS & LAND GRABBING
A. Lands at Kaverirajapuram village.
More than 300 acres of land owned by the Judge and his family; partly held in his individual name and that of his wife and two daughters and by the following private companies. Enclosed within these fenced properties are nearly 150 acres of Government and village common land meant for community use.
• All the Companies were incorporated on 23.08.2001, after Mr. P.D.Dinakaran was appointed as judge of the Madras High Court.
• Annual Returns of all 4 companies state that all shareholdings are held by the Directors and their relatives.
Company Some Directors:
Dear Lands Pvt. Ltd.,
Tiruttani Taluk, Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran
2. Mr. J. Williams (reported to be Mr. Justice P.D. Dinakaran’s sister husband)
Amudham Gardens (P) Ltd.
Thiruvallur Dist. 2. Mr. J. Williams (mentioned as above)
3. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran
Amirtham Gardens (P) Ltd.
Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran
2. Mr. J. Williams (mentioned as above)
3. Dr. Kingsley Alfred Chandrasekaran (Brother of Mr. Justice P.D.Dinakaran)
4. Mrs. D.A.P. Kamalakumari Kingsley
(Son-in-law of Mr. Justice P.D.Dinakaran)
Canaan Gardens Pvt. Ltd.
Thiruvallur Dist. 1. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran
2. Mr.J.Williams (as mentioned above)
B. Urban Properties:
1. Another property at Shenoy Nagar, Chennai was owned by Justice P.D.Dinakaran. He settled the same in his wife Dr.Vinodhini’s name in 2001-2002. It is learnt that a loan of Rs.7 lakhs was taken by Dr.Vinodhini in 2002 from Corporation Bank, Anna Nagar, Chennai but was closed in 2004. In the last two years, a huge commercial complex has been built (photo enclosed – Annexure 6). Mr. Justice P.D.Dinakaran was seen frequently supervising the construction.
Recent estimates indicate that the cost of construction would be not less Rs.2.5 crores.
2. Justice P.D.Dinakaran acquired a residential plot of 4800 sq. ft. at J-81, Anna Nagar East, Chennai during 2005-2006 for a total cost of Rs.90,50,040 lakhs. The property stands in the joint names of the Judge and his wife Dr.K.M.Vinodini, as per the Certificate of Encumbrance on Property (Annexure 7).
Construction of a building with two floors and above is on. By any modest estimate, the cost of construction would so far would have been more than Rs.25 lakhs.
C. Other Properties:
There are strong reports of possession of extensive lands in other districts of Tamilnadu including the Nilgiris hills. This may be enquired into.
II. Inappropriate Judicial Orders Pointing to Bias & Corruption
A. In Madras High Court:
The unusual order passed by Mr. Justice P.D.Dinakaran in (279 ITR page 61) has already been referred to by us. Mr. Justice P.D.Dinakaran had allowed the Writ Petition, challenging the notice to reopen assessment falsely stating that a concession was made by the Counsel for Income Tax Department. His judgment has now been reversed by an Order dated 22.7.2009 in W.A.No. 766 and 771 of 2005 by the Division Bench presided by Mr. Justice Ibrahim Kalifullah. Relevant facts:
a). The I.T. Department issued notice to reopen assessment made on the basis of a complaint given by SEBI, regarding `insider trading’, alleging that the assessees had actually sold the shares to benamis at Rs.800/- per share and within one month thereafter, they sold the shares for Rs.5000 per share, who thereafter remitted the entire proceeds to the assessees. It was thus clear that it was not a simple case of long term capital gain and that income escaped assessment to be taxed as short-term capital gain. The price of the shares sold was to the tune of Rs. 22,53,17,050/- resulting in huge escapement of income chargeable to tax.
b). Writ Petition Nos. 10607, 10608 and 10628 to 10631 of 2005 were listed for admission on 31.3.2005 before Mr. Justice P.D. Dinakaran.
c). No prior notice was issued to the Income Tax Department, since in Madras High Court, Writ Petitions are listed for admission exparte.
d). The Madras High Court cause list of that date is enclosed, wherein only the name of Counsel for the Petitioner is printed (Items 45- 47).
e). Yet Mr. Justice P.D.Dinakaran strangely recorded that Counsel for the Income Tax Department `conceded’ that the impugned orders had been wrongly passed, even as the said counsel who happened to be present in the Court took notice.
f) At the admission stage itself, the Writ Petitions were allowed and Writ of Certiorari issued.
g) Judgment dated 31.3.2005 of Mr. Justice P.D.Dinakaran does not disclose the facts of the case, viz., the order of the Income Tax Department was based on the complaint by SEBI, instead merely sets out legal provisions and suddenly says:
“18. Mrs. Pushya Seetharaman, Learned Counsel taking notice on behalf of the respondent, fairly concedes that the objections of the Petitioners ……….. were not considered
19. Learned Counsel for the respondent also concedes that the respondent committed an error apparent on the face of the record.”
h) Writ Appeal Nos. 766 to 771 of 2005 were filed by the Income Tax Department with an affidavit of the Deputy Commissioner of Tax stating “the Writ Petition was allowed at the stage of admission itself without giving the Department an opportunity to file counter or present its argument in detail. We have verified this with our Standing Counsel and she says that she did not concede the matter.”
The Writ Appeals stand allowed now by order dt. 22.07.2009.
Extracts from the Madras High Court causelist dt.31.03.2005, the judgment reported in 279 ITR 61, the Grounds of Appeal and the Affidavit filed by the Deputy Commissioner of Income Tax are filed as Annexures 8 – 11.
B. In Karnataka High Court
i) Cases relating to Vinod Goel
— W.P. 8094 of 2009 Vinod Goel representing Jantakal Enterprises filed a Writ petition to lift and transport 1,17,800 (one lakh seventeen thousand and eight hundred) metric tonnes of iron ore which according to him was mined in the year 1985.
1985 Vinod Goel’s mining lease expired. According to him he obtained extension of lease.
1993 The mining area was declared a `reserved forest area’ and hence clearance under the Forest Conservation Act was mandatory.
1996 Accordingly he applied for clearance.
2008 Correspondence for clearance still continued.
2009 Vinod Goel asserted that minerals mined by him during 1965-85 were not cleared because there was no market for iron ore of grades less than 62% and 63%. The said mined mineral to the extent of 1,25,000 metric tones was lying in the dump for 24 years. He wanted permission to lift the material in 2009 as there was now a market for it. Since the ore was mined prior to 1985, the Forest Department could have no objection for the same.
02.03.2009 Chief Justice P.D.Dinakaran allowed the Writ Petition by order dated 02.03.2009 permitting the said Vinod Goel to lift and transport 1,17,800 metric tones of iron ore from forest land.
ii) Order contrary to earlier order
In W.P. No. 12028 of 2008, the Petitioner M/s Jothi Brothers was granted mining lease in Forest Land mistakenly treating it as Revenue land. The Division Bench comprising of Chief Justice P.D.Dinakaran and Justice V.G.Sabahit held that such mining lease was invalid and that there was collusion between the mining lessee and government officials to treat forest land as revenue land and obtain mining lease. The court not only directed an enquiry but also directed that damages have to be collected from the mining lessee.
However, in W.P.No.12028 of 2008, in an identical fact situation Vinod Goel obtained a very curious order.
A PIL was filed for cancellation of mining lease in S.N0.97 of Rajathadipura Forest Area in Tunkur District originally granted to one B.D. Hanuman Singh and subsequently transferred to Vinod Goel. The mining site was declared as a Forest in the year 1939 itself. As per Sec.2 of the Forest Conservation Act, 1980 no forest land can be diverted for non-forest use without the prior approval of the Ministry of Environment and Forest, Government of India. However the State Government granted mining lease treating it as revenue land and not forest land.
But in this case the very same Division Bench headed by Chief Justice P.D. Dinakaran directed Vinod Goel to give a representation to the State Government for grant of alternate land to an extent of 71.20 acres and directed the government to consider the representation and accord preference to the said Vinod Goel over other mining lease applications.
iii) Constituting a Full Bench to overrule a Div. Bench order when Supreme Court was considering validity of Div. Bench’s order
1992 Several persons filed application for grant of mining lease from the State of Karnataka.
17.02.2003 Even as these applications were pending, the State of Karnataka issued a notification dated 17.02.2003 de-reserving all lands earlier reserved by it in the year 1958 under the Mines & Minerals (Development & Regulation) Act, 1957.
15.03.2003 Notification calling for application from the general public.
— Writ petition Nos.18445 of 2003 & batch were filed challenging the notification dated 15.03.2003 on the ground that the application for mining leases were not considered by the Government on the wrong presumption that they were reserved, though the Act has no provision for reservation. They objected to the fact that applications of persons who applied pursuant to the notification dated 15.03.2009 were being processed and given precedence over their applications which were pending since 1992.
27.11.2006 Single Judge allowed Writ Petitions directing that applications should be considered as per the date of application and applications given pursuant to notification dated 15.03.2003 will be considered thereafter.
12.03.2009 Division Bench confirmed the order of Single Judge and the Writ Appeal Nos.850 and 1353 of 2007 were dismissed.
— In Supreme Court SLP Nos. 12100-12101 of 2009 were filed against the Division Bench order. Notice was issued but stay of operation of the order dated 12.03.2009 refused. SLP is still pending.
— Other writ appeals which were filed against Single Judge’s Order were posted for admission. When these Writ Appeals came up for admission before a Division Bench consisting Chief Justice P.D.Dinakaran and Justice V.G.Sabahit, the Court was informed that the Writ Appeals were covered by the order dated 12.03.09 in W.A. No.850 of 2007 and Batch. The Court was also informed that the State Government did not file SLPs against the order and the SLPs filed by private parties were pending.
— Chief Justice P.D. Dinakaran, however, referred the writ appeals to a Full Bench. He thereafter constituted a Full Bench headed by himself.
28.08.2009 The Full Bench overruled the order dated 12.03.2009 of the Division Bench in W.A.No.850 and 1353 of 2007 and held the applicants who filed applications prior to 15.03.2003 will be treated as having filed the applications on 15.03.2003 and could claim no priority.
The merits of the individual writ petitions were to be decided by the Division Bench.
28.08.2009 Same day, after the Full Bench order was pronounced, Chief Justice P.D. Dinakaran listed the entire batch before a Division Bench presided over by him and dismissed the entire batch.
It is learnt that the copy of the Full Bench Order and the Division Bench Order are yet to be received.
By this unusual procedure, Chief Justice P.D.Dinakaran through the Full Bench overruled the Division Bench’s decision, even as the latter’s correctness was being considered by the Supreme Court.
There are strong rumours that by this unusual process, a few business groups have been hugely benefitted.
Some of the judgments of the Karnataka High Court referred above are enclosed as Annexures – 12 to 14.
There is a spate of information that is pouring into our Forum alleging corrupt practices both moral and economic by Chief Justice P.D.Dinakaran. However, we have desisted from listing all of them without verifying their credibility. But we do feel that the reputation of Chief Justice P.D.Dinakaran definitely does not make him worthy of consideration for appointment to the Supreme Court and his addition will only diminish the image of the great institution.
The Supreme Court enjoys its powers because of the immense faith reposed by our people. Their confidence will be rudely shaken if a judge who has grabbed public property and has compromised public interest will be appointed to the Supreme Court.
We therefore request you not to appoint Mr.Justice P.D.Dinakaran to the Supreme Court of India and to initiate an enquiry into his conduct.
FORUM FOR JUDICIAL ACCOUNTABILITY
Room No.2, I Floor,
45 Armenian Street,
PROTECTION OF WITNESSES IN CRIMINAL CASES
• JESSICA LAL MURDER CASE & GUJARATH RIOTS
In the 7 year old jessica lal murder case , all the accussed –
children of rich & mighty have gone scot free , for lack of both
prosecution & witnesses. The culprits have forced the witnesses to
remain silent through the use of muscle & money power. The
investigating police official, from the beginning has done roughshod
work & also have played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The presiding judge of the court has overlooked many
omissions & commissions by the prosecution and in a hurry closed the
case , acquitting all the accussed. Reward for judge – promotion as
high court judge. In this way, the police-prosecutor-judge were
together ganged up against the victim from the beginning. Also, the
witnesses were afraid of brute muscle power of rowdies & rowdies in
Now, take the gujarath riots case. In the first place riot took place
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were against
the riot victims & closed one case after another, acquitting the
guilty. However the apex court got transferred riot cases out of
gujarath , under public pressure. However, even the apex court failed
to instill confidence , in the prime witness of best bakery case , the
apex court failed to positively reassure the witness of her safety &
livlihood. As a result , out of fear she became hostile- went on
changing her statements.
In this manner, numerous low profile cases involving commonman are
buried , witnesses silenced by the corrupt nexus of police-prosecutor-
judge. They don’t even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is needed.
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is needed.how
come some police officials , public prosecutors & judges are leading
luxurious lifestyles, beyond the scope of their legal income?
Recently in the media there was mention of a C.D of alleged
conversation between samajvadi party M.P mr.amar singh & U.P chief
minister , about influencing a high court judge & fixing a case. This
is the way our judiciary functions in india. Rewards for corrupt
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need of
the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of jessica lal murder case.
Reproduced from The Times Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On Innocents
Abhinav Garg / TNN
New Delhi:It’s been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.
Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What’s more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.
Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.
The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.
The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.
The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.
The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was’nt heroin but just parecetomal.
After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with “field testing kit” to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband.
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