human rights

Enact JANLOKPAL

S.O.S   e – Voice For Justice – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.08..Issue.05….….04/02/2012


Editorial : Enact  JANLOKPAL – An Appeal  to  Honourable  Prime Minister of India , GOI
We have suffered enough due to corruption. We are deeply hurt and disappointed with any lack of a real and meaningful solution from you and your government. The  Parliament session meant for  passing Lokpal Bill  was wasted by Unparliamentary behaviour of some MPs.

We want change, and we want accountability and we cannot wait any longer to have this! We will not vote for you if an effective anti-corruption bill is not enacted. Not the farce Lokpal Bill proposed by your government, but the peoples “Jan Lokpal Bill” which is more stringent than the  ones  proposed by  GOI & Team Anna. We want strict and effective punishment for the corrupt. They MUST go to jail! Or you Mr. PM, along with your party, will fall from the people’s grace. We assure you, stand by us, and we will stand by you. The opposite will also hold true.

Your government has appointed a GoM to draft the Lokpal Bill. This GoM includes –
Sharad Pawar,Veerapa Moily and Kapil Sibal. Mr. Pawar and Mr. Moily have a past of  allegations  of corruption and mis-deeds that the entire country is  aware of. Mr. Sibal does not feel there was corruption in the 2G scam. Having these people draft the anti-corruption law – is it not an insult to the people of India? How can the corrupt be asked to draft an anti-corruption bill? We urge you to consider the choice put forth by the people – credible names such as Justice Santosh Hegde, Prashant Bhushan, Shanti Bushan and others, to be part of the committee to draft the Lokpal Bill. Just look at the draft proposed by GOI , it has left out many  public servants and  tax evading  corporate , industrialists (who are the origin  & source of black money corruption)  from lokpal ambit , only good thing is NGOs are included.

Shri Anna Hazare, one of the Greatest Social Reformers India has ever seen has demanded for a Lokpal which has the power to  investigate & prosecute  all  public servants from peon to Supreme Court Judges , president of india. We urge you to immediately accept the demands of the people of India represented by the demands of Shri Anna Hazare lest the discontent among the people grows out of control.

The sentiments against rampant corruption in this country are quickly becoming as strong as those that led to the uprising in Tahrir Square. The honest and hardworking people of this country refuse to be innocent bystanders in the wholesale public looting that is taking place as you read this letter. We request your immediate and strong response to this concern of the people as corruption should be the top priority of your government. If the challenge is not met effectively and promptly, it has the potential of undermining every valuable effort made by upright citizens of this country over the last century – including you. It also has the potential of leaving your government with a legacy of shame.

Tahrir square can yet be a reality in India.

We trust you will take immediate steps to give us our solution, and not force us to take the above steps! Jai Hind. Vande Mataram.

Your’ssincerely,                                                                                                                                                                              NAGARAJA.M.R.                                                                                                               Citizen of India

 

Jan Lokpal Bill

The Jan Lokpal Bill (Citizen’s ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.

Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as “an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption.”

Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill.

The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the “Joke Pal Bill.” Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest.

The website of the India Against Corruption movement calls the Lokpal Bill of the government an “eyewash” and has on it a critique of that government Bill.

A look at the salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won’t the government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
Read more: http://www.annahazare.n.nu/jan-lokpal-bill#ixzz1l1dD1X3m

 

Occupy and its Indian sister movement are fighting the same battles

By Dr Kailash Chand OBE

 

From Greece to London; from Spain to Syria; from the occupiers in Zuccotti Park to the milling crowds at Ramlila ground – the forms are different but the anger and frustration of the people with the state of affairs is the same.

Be it the denial of human rights or economic deprivation, be it a clean system of governance or lack of transparency, be it price rise or corruption, the anger of the people is directed against those responsible for the manifold multiplication of their problems. It may be premature to draw parallels but only the naïve would miss the common thread running through such movements across the globe.
Analysts, many of whom represent the interests of the establishment are busy dishing out local, regional and social explanations for this world wide unrest because they would not likes to challenge the system that has benefitted them so long.

Sooner or later the world has to recognize that at the root of this unrest lies in the unviable economic system, concentration of power and wealth in a few hands and the unabashed corporate greed.

One cannot treat a malady without finding the bug that causes the ailment. People in the more advanced western democracies have been closer to the diagnosis while in countries like India we are striking at the symptoms of the disease.

While the slogans in the west are “one per cent versus 99 per cent”, “fight the rich, not their wars” and “human need, not corporate greed” the ire in India is directed against the scheming politician, the bribe taking babu or the Hawala trader with Swiss accounts.

In India the contribution of big business and the corporate world to the all prevailing corruption and social degeneration has not received the attention it deserves. Even the more ‘enlightened’ and ‘educated’ organizers and supporters of the Anna movement are silent on this issue. The western protester seems to be more aware of the reality.

The common man in India is perhaps too harassed by the day to day corruption, bribery, human rights violations etc to look beyond his nose and indentify the real culprit. In fact a section of the middle class is in awe of the corporate culture and views them as ‘achievers’ rather than ‘usurpers’. They are willing to be fodder for the corporate machine in the false hope of being in the driver’s seat sooner or later.

Their beliefs were strengthened by a corporate controlled media and entertainment industry that presented a rosy picture of the system run by them and a distorted picture of any economic system different than theirs.

Bedazzled by the glitter of wealth and extravagance; oblivious of the ugly reality that was clothed in an attractive attire of democracy and free market; the educated middle class in India has been behaving like hypnotised zombies.

The global discontent against the status quo is an indication that the zombies are coming out of the hypnotic spell. They may not be able to pin point the malady in political, social and economic terms but they are very near the mark.

The diehard supporters of the system are loath to admit this and are using all the tricks in the trade to ignore, belittle or defame this movement. One finds a striking similarity in the tactics of the critics of the occupiers and the detractors of the Anna movement.

They have been called naive, directionless and trouble makers. They have been called commies in the US and lefties in India. On their part the protesters have set up kitchens, organized medical care set up information cells and taken extreme care to prevent the protests turning violent be it the Zuccotti Park or the Ramlila ground.

Such commentators are either divorced from reality or are consciously trying to prevent the inevitable: the overthrow of an unviable, undemocratic, one sided political and economic dispensation. The weaknesses of capitalism stand exposed. It is not only a bad economic system but a poor democracy as well.

The real face of democracy is apparent from the fact that the biggest exporter of democracy is busy these days firing plastic bullets and tear gas shells on the protestors.

This what Stephen Lendman, radio host and author says about the system:

Whoever controls the power of money has supreme power.

“The bankers in Wall Street have the power of money and literally run the government. Goldman Sachs runs the government, JPMorgan Chase, Bank of America – they run the government. This has to stop. The people in the streets across America have to understand this and demand that the power of money returns to the Congress.”

Recent reports from the US have exposed the tall claims of this country on human rights and freedom to protest.

Boston Mayor Thomas Menino told the local Fox 25 News in Boston:

“Civil disobedience will not be tolerated.”

Another report says:

“A new chapter in the annals of American police brutality has been written, as two Vietnam war veterans who joined Occupy Boston protests suffered injuries after being beaten by police and arrested along with some 50 other demonstrators.”

The Guardian reported:

“In New York a section of Occupy Wall Street protesters are planning a “millionaires march” to wealthy Manhattan residents’ homes.

“The action is being planned by UnitedNY, the Strong Economy for All Coalition, the Working Families Party, and New York Communities for Change, all of whom helped swell the largest Occupy Wall Street march so far last Wednesday”.

If the ‘experts’ are unable to see a precursor of a class division in the “millionaires march” they are either pretending or being a bit too clever.

The Indian middle class and their largely apolitical leadership have not yet grasped the dangerous dimensions of the ‘new world order’. The middle class is being rapidly pushed downwards as a result of price rise, increased cost of housing and shrinking job opportunities. The agriculture sector, an important component of Indian economy is severely affected by a slow growth.

On the other hand despite recession the number of the super rich has gone up. India has 55 billionaires, according to 2011 Forbes’ list. The combined fortune of the wealthiest citizens in India was pegged at about $247 billion by Forbes, which was well above 2010 total of $222 billion.

India has been aptly called “a rich country, where poor live.”

Indian rulers are ignoring the writing on the wall and are persisting with implementation of a western style economic system. And the common man is yet to realize and see the negative impact of corporate greed and power on their day to day life.

They dictate government policies; they corrupt government officials and have no hesitation in sabotaging the public sector enterprise. While they pay a pittance to their employees they fix absurd and astronomical salaries for themselves and their CEOs at the cost of shareholders. They oppose subsidy for the poor but want more for themselves in the form of SEZs, excise concessions and tax holidays.

How much they owe to the nation in the form of bank default, tax arrears, and Swiss Bank Accounts is not revealed to the nation. The tree of corruption gets its nutrition through its corporate roots. The wily politician, the bribe taking bureaucrat, the crafty middle man; they are all the front men of the corporate word.

Despite all this they are projected as image builders and flag bearers of the nation by the corporate controlled media and governments alike.

Successive governments of the “free world” have not only allowed this pathological greed for money to flourish but have actually helped it to grow into a monster that is threatening to devour the very system that created it.

This monster is not only cornering all the wealth and resources but is devouring the very fabric of society. Ethics and morality have been relegated to the background; money, money and more money is the modern mantra of success.

Gone are the days when intellectuals, poets, teachers, philosophers were the role models. The role models today are the successful and the only parameter of success is accumulation of assets or wealth for their companies.

The destruction of the value system, the deterioration of living standards, the concentration of wealth in a few hands and the blatant misuse of money as power to manipulate governments was bound to take its toll. The frustration, the anger and despair has burst out in the form of a global protest. The 99 per cent in the US are already braving plastic bullets and tear gas shells of the one per cent.

Whether the anger and frustration of the Indian 99 per cent translate into a struggle for economic equality and justice is yet to be seen. Will the Indian David be able to stand up to the corporate Goliath? Will the proponents of globalization of business in India get a taste of globalization of protest?

In the absence of a competent leadership there is always the danger of this movement losing its way.

World over there is a huge a vacuum of leadership for many reasons. The society has been systematically depoliticized by a corporate controlled media and entertainment industry. One hardly comes across a movie, a TV serial or a theater show that highlights any social issues. The emphasis is on religion, superstition and fundamentalism.

In such circumstances what type of leadership can one hope for?

The mainstream left has not just abdicated its responsibility but has covertly crossed the fence.

What is left of the left has been so demonized by the corporate controlled media that many genuine activists are avoiding the label. David stands alone with his sling broken and half the stones stolen. It is a tribute to his grit that he is still standing.

In fact the people are ahead of the leaders. Whether or not the protests evolve into a significant political force with a clear agenda or a concrete set of demands remains to be seen.

For this to happen, India needs more than anything a mass social and political movement to reassert the democratic control over the economy and the State and to effectively end the control of the corporate-driven neoliberal capitalism. The ‘Occupy Wall Street’ movement offers just the spark to trigger such a movement needed in India.

Will the civil society throw up a leadership that has the political maturity to indentify the genesis of the present moral, social, political and economic crisis? Will the progressive left in India rise to the occasion and grab this opportunity?

 

Occupy Wall Street and India’s struggle against corruption have much in common, but Occupy goes much beyond ..

By  Devinder Sharma

 

The screaming headlines provide insight into the dichotomy that prevails in our society. This newspaper reported that in Chandigarh alone (in northwest India) Rs 80-crore worth of gold ornaments and nearly 800 cars were sold on the occasion of Dhanteras. Far away in Patna, Rs 400-crore were withdrawn on the same day from ATMs. It seems buying metals on this auspicious occasion had beaten all records.

 

Most families consider Dhanteras to be an auspicious occasion to buy gold and silver. Unfortunately for them, the prices of these precious metals have gone through the roof in the last few months, making it difficult for many to buy even a coin of few grams. Completely unable to comprehend the reasons behind such high price-rise, many of them can be heard asking, “Why have gold prices increased so much”?

 

Little do they know that the unprecedented escalation in gold prices is only because of speculation in which just one per cent of the investors are raking in huge profits while 99 per cent end up paying through the nose. This in short is the essence of the slogan, ‘We are the 99 per cent’, that is sweeping across the continents. More than 950 cities in 82 countries have seen thousands of people streaming in to the roads, squares and the parks to protest against economic inequalities. What began as a silent sit-in by a handful of protesters in the Wall Street — the financial capital of the world — New York a month back, has now spread like a wildfire.

 

In India too, some groups, including the Communist Party, have launched of the Indian version ‘Occupy Dalal Street’ from Nov 4.

 

Well, before we follow the global trends let me take you back to the days when petrol price internationally had shot up to $ 140 a barrel. This was barely two years back in 2009, just before the world witnessed an economic meltdown. I remember even Prime Minister Manmohan Singh saying that he wasn’t sure whether it was because of a slump in production or rise in demand. The fact is the stupendous rise in oil prices was not because of supply-demand constraints. It was simply because of speculation in trading. The companies which have invested in its stocks on the Wall Street try best to garner more profits.

 

Oil prices subsequently slumped to a low of $ 40 a barrel. From $ 140 a barrel to $ 40 a barrel certainly proves that demand had nothing to do with prices. It was all in the game of speculation.

 

In lot many ways Anna Hazare’s movement against corruption looked similar. But while, Team Anna is crusading for the removal of graft from public life, Occupy movement goes much beyond and hits at the very foundations of the growing inequalities. Removing corruption will make available more resources for development activities, and as Swami Ramdev has been saying bringing back Rs 400 lakh crore of black money stacked abroad will make available abundant resources that can be ploughed back to fight poverty and hunger.

 

Removing corruption is certainly the crying need. But what makes Swami Ramdev and Anna Hazare’s struggle against corruption and black money different from Occupy campaign is that while you may not have to pay underhand for getting admission for you child in a school or a university but you will still end up pay exorbitantly for the gold ornaments that you need to buy for your daughter’s marriage. You will still continue to pay dearly and periodically for hike in petrol and diesel prices. You will end up paying more not because of supply demand constraints, but because some people are raking in more money through speculations in trading. You and I eventually pay for the greed of one per cent people.

 

Occupy movement is a global struggle for a decent living. It hits at the very fundamental of the growing economic disparities, the inequalities and injustice that prevails.

 

OCCUPY  WALL  STREET

 

Occupy Wall Street is the original protest that began the worldwide movement beginning September 17, 2011 in Zuccotti Park, located in New York City’s Wall Street financial district, initiated by the Canadian activist group Adbusters. The protests are against social and economic inequality, high unemployment, greed, as well as corruption and the undue influence of corporations on government—particularly from the financial services sector. The protesters’ slogan We are the 99% refers to the growing income and wealth inequality in the U.S. between the wealthiest 1% and the rest of the population. The protests in New York City have sparked similar Occupy protests and movements around the world.

 

In a blog post from July 13, 2011, the Canadian-based Adbusters Media Foundation, best known for its advertisement-free, anti-consumerist magazine Adbusters, proposed a peaceful occupation of Wall Street to protest corporate influence on democracy, the absence of legal repercussions for those behind the recent global financial crisis, and a growing disparity in wealth.[5][6] They sought to combine the symbolic location of the 2011 protests in Tahrir Square with the consensus decision making of the 2011 Spanish protests.[7] Adbusters’ senior editor, Micah White, said they had suggested the protest via their email list and it “was spontaneously taken up by all the people of the world.”[6] Adbusters’ website said that from their “one simple demand, a presidential commission to separate money from politics,” they would “start setting the agenda for a new America.”[8] They promoted the protest with a poster featuring a dancer atop Wall Street’s iconic Charging Bull statue.[9][10]

The internet group Anonymous encouraged its readers to take part in the protests, calling for protesters to “flood lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months.”[11][12] Other groups began to join in the organization of the protest, including the U.S. Day of Rage[13] and the NYC General Assembly, which became the governing body of Occupy Wall Street.[14] The protest itself began on September 17; a Facebook page for the demonstrations began two days later on September 19 featuring a YouTube video of earlier events. By mid-October, Facebook listed 125 Occupy-related pages, and roughly one in every 500 hashtags used on Twitter—all over the world—was the movement’s own #OWS.[15]

Adbusters’ Kalle Lasn, when asked why it took three years after the implosion of Lehman Brothers for people to begin protesting, said that after the election of President Barack Obama there was a feeling among the young that he would pass laws to regulate the banking system and “take these financial fraudsters and bring them to justice.” However, as time passed, “the feeling that he’s a bit of a gutless wonder slowly crept in” and they lost their hope that his election would result in change.[16]

Zuccotti Park, the site of the occupation, was chosen because it was private property and police could not legally force protesters to leave without being requested to do so by the property owner.[17] At a press conference held on the same day as the protests began, New York City mayor Michael Bloomberg explained, “people have a right to protest, and if they want to protest, we’ll be happy to make sure they have locations to do it.”[14] Writing for CNN, Sonia Katyal and Eduardo Peñalver said that “a straight line runs from the 1930s sit-down strikes in Flint, Michigan, to the 1960 lunch-counter sit-ins to the occupation of Alcatraz by Native American activists in 1969 to Occupy Wall Street. Occupations employ physical possession to communicate intense dissent, exhibited by a willingness to break the law and to suffer the — occasionally violent — consequences.”[18]

More immediate prototypes for Occupy Wall Street are the British student protests of 2010, Greece and Spain’s anti-austerity protests of the “indignados” (indignants), as well as the Middle East’s Arab Spring protests. These antecedents have in common with Occupy Wall Street a reliance on social media and electronic messaging to circumvent the authorities, as well as the feeling that financial institutions, corporations, and the political elite have been malfeasant in their behavior toward youth and the middle class.[19][20] Occupy Wall Street, in turn, gave rise to the Occupy movement in the United States and around the world.[21][22][23]

[edit] The 99%

 

The phrase “The 99%” is a political slogan of “Occupy” protesters.[30] It was originally launched as a Tumblr blog page in late August 2011.[31][32] It refers to the vast concentration of wealth among the top 1% of income earners compared to the other 99 percent, and indicates that most people are paying the price for the mistakes of a tiny minority.[19][33] Paul Taylor, executive vice president of the Pew Research Center told NPR that the slogan is “arguably the most successful slogan since ‘Hell no, we won’t go,’ going back to the Vietnam era.” According to Taylor, majorities of Democrats, independents and Republicans see the income gap as a cause of friction in the United States.[34]

The top 1 percent of income earners have more than doubled their income over the last thirty years according to a Congressional Budget Office (CBO) report.[35] The report was released just as concerns of the Occupy Wall Street movement were beginning to enter the national political debate.[36] According to the CBO, between 1979 and 2007 the incomes of the top 1% of Americans grew by an average of 275%. During the same time period, the 60% of Americans in the middle of the income scale saw their income rise by 40%. Since 1979 the average pre-tax income for the bottom 90% of households has decreased by $900, while that of the top 1% increased by over $700,000, as federal taxation became less progressive. From 1992-2007 the top 400 income earners in the U.S. saw their income increase 392% and their average tax rate reduced by 37%.[37] In 2009, the average income of the top 1% was $960,000 with a minimum income of $343,927.[38][39][40]

In 2007 the richest 1% of the American population owned 34.6% of the country’s total wealth, and the next 19% owned 50.5%. Thus, the top 20% of Americans owned 85% of the country’s wealth and the bottom 80% of the population owned 15%. Financial inequality (total net worth minus the value of one’s home)[41] was greater than inequality in total wealth, with the top 1% of the population owning 42.7%, the next 19% of Americans owning 50.3%, and the bottom 80% owning 7%.[42] However, after the Great Recession which started in 2007, the share of total wealth owned by the top 1% of the population grew from 34.6% to 37.1%, and that owned by the top 20% of Americans grew from 85% to 87.7%. The Great Recession also caused a drop of 36.1% in median household wealth but a drop of only 11.1% for the top 1%, further widening the gap between the 1% and the 99%.[42][43][44] During the economic expansion between 2002 and 2007, the income of the top 1% grew 10 times faster than the income of the bottom 90%. In this period 66% of total income gains went to the 1%, who in 2007 had a larger share of total income than at any time since 1928.[24] This is in stark contrast with surveys of US populations that indicate an “ideal” distribution that is much more equal, and a widespread ignorance of the true income inequality and wealth inequality.[45]

[edit] Goals

Protesters targeted Wall Street because of the part it played in the economic crisis of 2008 which started the Great Recession. They say that Wall Street’s risky lending practices of mortgage-backed securities which ultimately proved to be worthless caused the crisis, and that the government bailout breached a sense of propriety, and created a state of moral hazard in the banking industry. The protesters say that Wall Street recklessly and blatantly abused the credit default swap market, and that the instability of that market must have been known beforehand. They say that the guilty parties should be prosecuted.[23]

The protesters want, in part, more and better jobs, more equal distribution of income, bank reform, and a reduction of the influence of corporations on politics,[46][47] which they sometimes refer to as corporatocracy.[48][49] Adbusters co-founder Kalle Lasn has compared the protests to the Situationists and the Protests of 1968 movements.[23][50] and addresses critics saying that while no one person can speak for the movement, he believes that the goal of the protests is economic justice, specifically, a “transaction tax” on international financial speculation, the reinstatement of the Glass-Stegall Act and the revocation of corporate personhood.[7]

Some journalists have criticized the protests saying it is hard to discern a unified aim for the movement, while other commentators, such as Douglas Rushkoff, have said that although the movement is not in complete agreement on its message and goals, it does center on the problem that “investment bankers working on Wall Street [are] getting richer while things for most of the rest of us are getting tougher”. According to Rushkoff, “… we are witnessing America’s first true Internet-era movement, which — unlike civil rights protests, labor marches, or even the Obama campaign — does not take its cue from a charismatic leader, express itself in bumper-sticker-length goals and understand itself as having a particular endpoint”.[46]

The General Assembly, the governing body of the OWS movement, has adopted a “Declaration of the Occupation of New York City,” which includes a list of grievances against corporations,[51] and to many protesters a general statement is enough. However, saying, “‘Power concedes nothing without a demand’ ” others within the movement have favored a fairly concrete set of national policy proposals.[52] One group has written an unofficial document, “The 99 Percent Declaration”, that calls for a national general assembly of representatives from all 435 congressional districts to gather on July 4, 2012, to assemble a list of grievances and solutions.[53][54][55] OWS protesters that prefer a looser, more localized set of goals have also written a document, the Liberty Square Blueprint,[56] a wiki page edited by some 250 occupiers and still undergoing changes. Written as a wiki the wording changes, however, an early version read: “Demands cannot reflect inevitable success. Demands imply condition, and we will never stop. Demands cannot reflect the time scale that we are working with.”[53] The Guardian interviewed OWS and found three main demands: get the money out of politics; reinstate the Glass-Steagall act; and draft laws against the little-known loophole that currently allows members of Congress to pass legislation affecting Delaware-based corporations in which they themselves are investors.[57]

 

 JANLOKPAL BILL

 

Jan Lokpal Bill version 1.8

 

An act to create effective anti-corruption and grievance redressal systems at centre so that effective

deterrent is created against corruption and to provide effective protection to whistleblowers.

1. Short title and commencement:- (1) This Act may be called the Anti-Corruption, Grievance

Redressal And Whistleblower Protection Act, 2010.

(2) It shall come into force on the one hundred and twentieth day of its enactment.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1) “Action” means any action taken by a public servant in the discharge of his functions as such public

servant and includes decision, recommendation or finding or in any other manner and includes

willful failure or omission to act and all other expressions relating to such action shall be construed

accordingly;

(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-

(a) has indulged in misconduct, if he is a government servant;

(b) has indulged in corruption

(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and

appropriate action.

(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or

under the Prevention of Corruption Act, 1988;

Provided that if any person obtains any benefit from the government by violating any laws or rules,

that person along with the public servants who directly or indirectly helped that person obtain

those benefits, shall be deemed to have indulged in corruption.

(5) “Government” or “Central Government” means Government of India.

(6) “Government Servant” means any person who is or was any time appointed to a civil service or post

in connection with the affairs of the Central Government or High Courts or Supreme Court either on

deputation or permanent or temporary or on contractual employment but would not include the

judges.

(7) “grievance” means a claim by a person that he sustained injustice or undue hardship in

consequence of mal-administration;

(8) “Lokpal” means

a. Benches constituted under this Act and performing their functions as laid down under

various provisions of this Act; or

b. Any officer or employee, exercising its powers and carrying out its functions and

responsibilities, in the manner and to the extent, assigned to it under this Act, or under

various rules, regulations or orders made under various provisions of this Act.

c. For all other purposes, the Chairperson and members acting collectively as a body;

(9) “Mal-administration” means action taken or purporting to have been taken in the exercise of

administrative function in any case where,-

a. such action or the administrative procedure or practice governing such action is

unreasonable, unjust, oppressive or improperly discriminatory; or

b. there has been willful negligence or undue delay in taking such action or the administrative

procedure or practice governing such action involves undue delay;

(10)“Misconduct” means misconduct as defined in CCS Conduct Rules and which has vigilance angle.

(11)”public authority” means any authority or body or institution of self- government established or

constituted—

a. by or under the Constitution;

b. by any other law made by Parliament;

c. by notification issued or order made by the Government, and includes any body owned,

controlled or substantially financed by the Government;

(12)“Public servant” means a person who is or was at any time,-

(a) the Prime Minister;

(b) a Minister;

(c) a Member of Parliament;

(d) Judges of High Courts and Supreme Court;

(e) a Government servant;

(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local

authority in the control of the Central Government or a statutory body or corporation

established by or under any law of the Parliament of India, including a co-operative

society, or a Government Company within the meaning of section 617 of the

Companies Act, 1956 and members of any Committee or Board, statutory or nonstatutory,

constituted by the Government;

(g) Such other authorities as the Central Government may, by notification, from time to

time, specify;

(13)“Vigilance angle” includes –

(a) All acts of corruption

(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and

procedures; exercise of discretion in excess, where no ostensible/public interest is evident;

failure to keep the controlling authority/superiors informed in time

(c) Failure/delay in taking action, if under law the government servant ought to do so, against

subordinates on complaints of corruption or dereliction of duties or abuse of office by the

subordinates

(d) Indulging in discrimination through one’s conduct, directly or indirectly.

(e) Victimizing Whistle Blowers

(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant

factors, would reinforce a conclusion as to the presence of vigilance angle in a case.

(g) Make unfair investigation or enquiry to either unduly help culprits or fabricate the innocent.

(h) Any other matter as notified from time to time by Lokpal

(14)“Whistleblower” is any person who faces threat of (1) professional harm, including but not limited

to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental

proceedings, discrimination or (2) physical harm or (3) is actually subjected to such harm; because

of either making a complaint to Lokpal under this Act or for filing an application under Right to

Information Act.

3. Establishment of the institution of Lokpal and appointment of Lokpal:

(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten

members along with its officers and employees. The Lokpal shall be headed by its Chairperson.

(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this

Act.

(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office,

make and subscribe before the President, an oath or affirmation in the form as prescribed.

(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the

institution with all its logistics and assets within six months of enactment of this Act.

(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to

a) Retirement, 3 months before the member or the Chairperson retires.

b) Any other unforeseen reason, within a month of such vacancy.

Chairperson and Members of Lokpal

4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and

members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of

any State and shall not hold any office or trust of profit (other than the office as Chairperson or

member) or would have ever been connected with any political party or carry on any business or

practice any profession and accordingly, before he enters upon his office, a person appointed as the

Chairperson or member of Lokpal shall-

(i) if he holds any office of trust or profit, resign from such office; or

(ii) if he is carrying on any business, sever his connection with the conduct and

management of such business; or

(iii) if he is practicing any profession, suspend practice of such profession.

(iv) If he is associated directly or indirectly with any other activity, which is likely cause

conflict of interest in the performance of his duties in Lokpal, he should suspend his

association with that activity.

Provided that if even after the suspension, the earlier association of that person with

such activity is likely to adversely affect his performance at Lokpal, that person shall

not be appointed as a member or Chairperson of Lokpal.

5. Term of office and other conditions of service of Lokpal– (1) A person appointed as the Chairperson

or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his

office;

Provided further that.-

(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the

President, resign his office;

(b) the Chairperson or member may be removed from office in the manner provided in

this Act.

(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the

Chief Justice of India and that of the judge of the Supreme Court respectively;

(3) The allowances and pension payable to and other conditions of service of the Chairperson or a

member shall be such as may be prescribed;

Provided that the allowances and pension payable to and other conditions of service of the

Chairperson or members shall not be varied to his disadvantage after his appointment.

(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions

payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of

India.

(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the

Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account

of investigations by Lokpal shall also be deposited by the Government. Disposal of such fund shall be

completely at the discretion of the Lokpal and such fund shall be used only for

enhancement/upgradation/extension of the infrastructure of Lokpal.

(6) The Chairperson or members shall not be eligible for appointment on any position in Government of

India or Government of any state or for fighting elections, if he has ever held the position of the

Chairperson or a member for any period.

Provided however that a member or Chairperson may be reappointed for one more term or a member

may be appointed as the Chairperson, however, that any person shall not serve for more than a total of

two terms.

6. Appointment of the Chairperson and members:

1. The Chairperson and members shall be appointed by the President on the recommendation of a

selection committee.

2. Following persons shall not be eligible to become Chairman or Member in Lokpal:

(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever

penalized under CCS Conduct Rules.

(b) Any person who is less than 40 years in age.

3. At least four members of Lokpal shall have legal background.

4. The members and Chairperson should have unimpeachable integrity and should have

demonstrated their resolve and efforts to fight against corruption in the past.

5. A selection committee consisting of the following shall be set up:

a. The Chairpersons of both Houses of Parliament

b. Two senior most judges of Supreme Court

c. Two senior most Chief Justices of High Courts.

d. All Nobel Laureates of Indian Origin

e. Chairperson of National Human Rights Commission

f. Last two Magsaysay Award winners of Indian origin

g. Comptroller and Auditor General of India

h. Chief Election Commissioner

i. Bharat Ratna Award winners

j. After the first set of selection process, the outgoing members and Chairperson of

Lokpal.

6. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.

7. The following selection process shall be followed:

a. Recommendations shall be invited through open advertisements in prescribed format.

b. Each person recommending shall be expected to justify the selection of his candidate

giving examples from the past achievements of the candidate.

c. The list of candidates along with their recommendations received in the format

mentioned above shall be displayed on a website.

d. Each member of the selection committee, on the basis of the above material, shall

recommend such number of names as there are vacancies.

e. A priority list shall be prepared with the candidate receiving recommendations from

maximum number of members of selection committee at the top. The candidates

recommended by same number of members shall be treated at par.

f. This priority list shall be displayed on the website.

g. Around three times the names as there are vacancies, shall be shortlisted from the top.

h. Public feedback shall be invited on the shortlisted names by putting these names on the

website.

i. The selection committee may decide to use any means to collect more information

about the background and past achievements of the shortlisted candidates.

j. Selection committee shall invite shortlisted candidates for discussions, video recordings

of which shall be made public.

k. All the material obtained so far about the candidates shall be made available to each

member of the selection committee in advance. The members shall make their own

assessment of each candidate.

l. The selection committee shall meet and discuss the material so received about each

candidate. The final selections for the Chairperson and members shall be made

preferably through consensus.

Provided that if three or more members, for reasons to be recorded in writing, object to

the selection of any member, he shall not be selected.

m. All meetings of selection committee shall be video recorded and shall be made public.

8. The Prime Minister shall recommend the names finalized by the selection committee to the

President immediately, who shall order such appointments within a month of receipt of the

same.

9. If any of the members of the selection committee retires while a selection process is going on,

that member will continue on the selection committee till the end of that process.

7. Removal of Chairperson or members-

(1) The Chairperson or any member shall not be removed from his office except by an order of the

President.

(2) They can be removed on one or more of the following grounds:

a. Proved misbehavior

b. Professional or physical incapacity

c. If he is adjudged to be insolvent

d. Has been charged of an offence which involves moral turpitude

e. If he engages during his term of office in any paid employment outside the duties of his

office

f. Has acquired such financial interests or other interests which are likely to affect

prejudicially his functions as member or Chairperson.

g. If he is guided by considerations extraneous to the merits of the case either to favor

someone or to implicate someone through any act of omission or commission.

h. If any member or Chairperson tries to or actually unduly influences any government

functionary.

i. If he commits any act of omission or commission which is punishable under Prevention

of Corruption Act or is a misconduct.

j. If a member or the Chairperson in any way, concerned or interested in any contract or

agreement made by or on behalf of the Government of India or participates in any way

in the profit thereof or in any benefit or emolument arising there from otherwise than

as a member and in common with the other members of an incorporated company, he

shall be deemed to be guilty of misbehavior.

(3) The following process shall be followed for the removal of any member or Chairperson:

(a) Any person may move an application/petition before the Supreme Court seeking removal of

one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal

and providing evidence for the same.

(b) Supreme Court will hear the matter by a bench of three or more Judges on receipt of such

petition and may take one or more of the following steps:

(i) order an investigation to be done by a Special Investigation Team appointed by the

Supreme Court if a prima facie case is made out and if the matter cannot be judged based on

affidavits of the parties. The Special Investigation Team shall submit its report within three

months.

(ii) Pending investigations under sub-clause (i) by Special Investigation Team, the

Supreme Court may decide to order withdrawal of part or complete work from that member.

(iii) dismiss the petition if no case is made out

(iv) if the grounds are proved, recommend to the President for removal of the said

member or Chairperson

(v) direct registration and investigation of cases with appropriate agencies if there is

prima facie case of commission of an offence punishable under Prevention of Corruption

Act.

(c) The three judge bench shall be constituted by a panel of five seniormost judges of the

Supreme Court.

Provided that if there are any proceedings going on against any judge in Lokpal, he shall not

be a part of either the panel or the bench.

(d) The Supreme Court shall not dismiss such petitions in liminae.

(e) If the Supreme Court concludes that the petition has been made with mischievous or

malafide motives, the Court may order imposition of fine or imprisonment upto one year

against the complainant.

(f) On receipt of a recommendation from the Supreme Court under this section, the Prime

Minister shall recommend it to the President immediately and the President shall order

removal of said members within a month of receipt of the same.

Powers and Functions of Lokpal

8. Functions of Lokpal: (1) Lokpal shall be responsible for receiving:

(a) Complaints where there are allegations of such acts of omission or commission which are

punishable under Prevention of Corruption Act

(b) Complaints where there are allegations of misconduct by a government servant

(c) Grievances

(d) Complaints from whistleblowers

(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of

the following actions:

a. Close the case if prima facie, the complaint is not made out or

b. Initiate prosecution against public servants as well as those private entities which

are party to the act

c. Order imposition of appropriate penalties under CCS Conduct Rules

Provided that if an officer is finally convicted under Prevention of Corruption

Act, major penalty of dismissal shall be imposed on such government servant.

d. Order cancellation or modification of a license or lease or permission or contract or

agreement, which was the subject matter of investigation.

e. Blacklist the concerned firm or company or contractor or any other entity involved

in that act of corruption.

f. Issue appropriate directions to appropriate authorities for redressal of grievance in

such time and in such manner as is specified in the order.

g. Invoke its powers under this Act if its orders are not duly complied with and ensure

due compliance of its orders.

h. Take necessary action to provide protection to a whistleblower as per various

provisions of this Act.

(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses

(1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.

(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make

such changes in their work practices, administration or other systems so as to reduce the scope and

possibility for corruption, misconduct and public grievances.

(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of

imposing penalties under CCS Conduct Rules.

(6) Section 19 of Prevention of Corruption Act shall be deleted.

(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to

be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to

have been granted once Lokpal grants such permissions.

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal

(a) has reason to believe that any person. –

(i) to whom a summon or notice under this Act, has, been or might be issued,

will not or would not produce or cause to be produced any property, document

or thing which will be necessary or useful for or relevant to any inquiry or other

proceeding to be conducted by him;

(ii) is in possession of any money, bullion, jewellery or other valuable article or

thing and such money, bullion, jewellery or other valuable article or thing

represents either wholly or partly income or property which has not been

disclosed to the authorities for the purpose of any law or rule in force which

requires such disclosure to be made; or

(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will

be served by a general search or inspection,

he may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to

conduct a search or carry out an inspection in accordance therewith and in particular to, –

(i) enter and search any building or place where he has reason to suspect that such property,

document, money, bullion, jewellery or other valuable article or thing is kept;

(ii) search any person who is reasonably suspected of concealing about his person any article

for which search should be made;

(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for

exercising the powers conferred by sub-clause (i) where the keys thereof are not available.

Seize any such property, document, money, bullion, jewellery or other valuable article or thing

found as a result of such search;

(iv) place marks of identification on any property or document or make or cause to be made;

extracts or copies therefrom; or

(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or

other valuable article or thing.

(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so

far as may be, to searches and seizures under sub-section (1).

(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a

court under section 93 of the Code of Criminal Procedure, 1973.

10. Evidence – (1) Subject to the provisions of this section, for the purpose of any investigation (including

the preliminary inquiry, if any, before such investigation) under this Act, the Lokpal may require any

public servant or any other person who, in his opinion is able to furnish information or produce

documents relevant to the investigation, to furnish any such information or produce any such

document.

(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall

have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect

of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Requisitioning any public record or copy thereof from any court or office ;

(e) Issuing commissions for the examination of witnesses or documents ;

(f) ordering payment of compensatory cost in respect of a false or vexatious claim or

defence;

(g) ordering cost for causing delay;

(h) Such other matters as may be prescribed.

(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the

meaning of section 193 of the Indian Penal Code.

11. Reports of Lokpal, etc. (1) The Chairperson of Lokpal shall present annually a consolidated report in

prescribed format on its performance to the President.

(2) On receipt of the annual report, the President shall cause a copy thereof together with an

explanatory memorandum to be laid before each House of the Parliament.

(3) The Lokpal shall publish every month on its website the list of cases disposed with brief details of

each such case, outcome and action taken or proposed to be taken in that case. It shall also publish lists

of all cases received by the Lokpal during the previous month, cases disposed and cases which are

pending.

12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code,

the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to

be police officers.

(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to

investigate any offence under any other law in the same case.

13. Powers in case of non-compliance of orders: (1) Each order of Lokpal shall clearly specify the names

of the officials who are required to execute that order, the manner in which it should be executed and

the time period within which that order should be complied with.

(2) If the order is not complied with within the time or in the manner directed, Lokpal may decide to

impose a fine on the officials responsible for the non-compliance of its orders.

(3) The Drawing and Disbursing Officer of that Department shall be directed to deduct such amount of

fine as is clearly specified by the Lokpal in its order made in sub-section (2) from the salaries of the

officers specified in the order.

Provided that no penalty shall be imposed without giving a reasonable opportunity of being heard.

Provided that if the Drawing and Disbursing Officer fails to deduct the salary as specified in the said

order, he shall make himself liable for a similar penalty.

(4) In order to get its orders complied with, the Lokpal shall have, and exercise the same jurisdiction

powers and authority in respect of contempt of itself as a High court has and may exercise, and,

for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971)

shall have the effect subject to the modification that the references therein to the High Court

shall be construed as including a reference to the Lokpal.

13A. Special Judges under section 4 of Prevention of Corruption Act: On an annual basis, Lokpal shall

make an assessment of the number of Special Judges required under section 4 of Prevention of

Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three

months of receipt of such recommendation.

Provided that Lokpal shall recommend such number of Special Judges so that trial in each case under

this Act is completed within a year.

13B. Issue of Letter Rogatory: A bench of Lokpal shall have powers to issue Letters Rogatory in any case

pending with Lokpal.

Functioning of Lokpal

14. Functioning of Lokpal: (1) The Chairperson shall be responsible for overall administration and

supervision of the institution of Lokpal.

(2) All policy level decisions including formulation of regulations, developing internal systems for the

functioning of Lokpal, assigning functions to various officials in Lokpal, delegation of powers to various

functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.

(3) The Chairperson shall have an annual meeting with the Prime Minister to assess the needs of Lokpal

for finances and manpower. Lokpal shall be provided resources by the Government on the basis of

outcome of this meeting.

(4) Lokpal shall function in benches of three or more members. Benches shall be constituted randomly

and cases shall be assigned to them randomly by computer. Each bench shall consist of at least one

member with legal background.

(5) Such benches shall be responsible for

(i) granting permission to close any case after a preliminary enquiry

(ii) granting permission to either close a case after investigations or issuing orders imposing

penalties under CCS Conduct Rules and/or for initiating prosecution in that case.

(iii) Issuing orders under section 28 and section 13B.

(6) Lokpal may decide to initiate investigations into any case suo moto also.

(7) The decision to initiate investigation or prosecution against any member of the Cabinet or any judge

of High Court or Supreme Court shall be taken in a meeting of all the existing members and the

Chairperson. Minutes and records of such meetings shall be made public.

15. Making a complaint to the Lokpal: (1) Subject to the provisions of this Act, any person may make a

complaint under this Act to the Lokpal.

Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to

act for himself, the complaint may be made or if it is already made may be continued by his legal

representatives or by any other person who is authorized by him in writing in this behalf.

(2) A complaint could be on a plain paper but should contain all such details as prescribed by Lokpal.

(3) On receipt of a complaint, the Lokpal shall decide whether it is an allegation or a grievance or a

request for whistleblower protection or a mixture of two or more of these.

(4) Every complaint shall have to be compulsorily disposed off by the Lokpal.

Provided that no complaint, other than those which are anonymous or pseudonymous, shall be closed

without hearing the complainant.

16. Matters which may be investigated by the Lokpal– Subject to the provisions of this Act, the Lokpal

may investigate any action which is taken by or with the general or specific approval of a public servant

where a complaint involving a grievance or an allegation is made in respect of such action.

Provided that the Lokpal may also investigate such action suo moto or if it is referred to it by the

government, if such action can be or could have been in his recorded opinion, subject of a grievance or

an allegation.

17. Matters not subject to investigation:- (1) The Lokpal shall not conduct any investigation under this

Act in case of a grievance in respect of any action-

(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other

remedy before any other authority provided in any other law and he has not availed of the

same.

(ii) Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides

(iii) If the substance of the entire grievance is pending before any court or quasi-judicial body

of competent jurisdiction.

(iv) any grievance where there is inordinate and inexplicable delay.

(2) Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is

taken by or with the approval of the Presiding Officer of either House of Parliament.

(3) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or

law under which any remedy by way of appeal, revision, review or in any other manner is available to a

person making a complaint under this Act in respect of any action and nothing in this Act shall limit or

affect the right of such person to avail of such remedy.

(4) Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of

misconduct or corruption or a complaint from a whistleblower seeking protection.

18. Provisions relating to complaints and investigations-

(i) (a) The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a

combination of the two, or in a case initiated on his own motion, may on perusing the

documents, either decide to proceed to enquire or investigate into that complaint or decide,

to make such preliminary inquiry before proceeding to enquire or investigate into such

complaint or direct any other person to make such preliminary inquiry as it deems fit for

ascertaining whether there exists reasonable ground for conducting the investigation. The

outcome of such preliminary enquiry, and if the complaint is being closed along with

reasons for the same and all material collected during preliminary enquiry, shall be

communicated to the complainant.

Provided that if any case is closed, all documents related thereto shall thereafter be

treated as public. Every month, a list of all such cases shall be put on the website with

reasons for closing a case. All material connected with such closed cases will be provided to

anyone seeking it under Right to Information Act.

Provided further that if the complaint contains verifiable and specific information about

misconduct or corruption, then that case shall not be rejected even if the complaint is

anonymous.

Provided further that no complaint of allegation shall be rejected by questioning the

motives or intention of the complainant.

Provided further that all hearings before Lokpal shall be video recorded and shall be

available to any member of the public on payment of copying costs.

(b) The procedure for preliminary enquiry of a complaint shall be such as the Lokpal deems

appropriate in the circumstances of the case and in particular, the Lokpal may, if it deems

necessary to do so, call for the comments of the public servant concerned.

Provided that the preliminary enquiry should be completed and a decision taken whether

to close a case or to proceed with investigations within one month of receipt of any

complaint.

(ii) Where the Lokpal proposes, either directly or after making preliminary inquiry, to conduct

any investigation under this Act, he.-

(a) may make such order as to the safe custody of documents relevant to the

investigation, as it deems fit.

(b) at appropriate stage of investigations or in the end, it shall forward a copy of the

complaint, its findings and copy of the material relied upon to the concerned public

servant and the complainant,

(c) shall afford to such public servant and the complainant an opportunity to offer

comments and be heard.

Provided that such hearing shall be held in public, except in such rare circumstances, to

be recorded in writing, will it be held in camera.

(iii) The conduct of an investigation under this Act against a Public servant in respect of any

action shall not affect such action, or any power or duty of any other public servant to take

further action with respect to any matter subject to the investigation.

(iv) If, during the course of preliminary inquiry or investigation under this Act, the Lokpal is

prima facie satisfied that the allegation or grievance in respect of any action is likely to be

sustained either wholly or partly, he may, through an interim order, direct the public servant

concerned to stay the implementation or enforcement of the decision or action complained

against, or to take such mandatory or preventive action, on such terms and conditions, as he

may specify in his order to prevent further harm from taking place.

(v) The Lokpal, either during the course of investigations, if it is satisfied that prosecution is

likely to be initiated in that case, or at the end of the investigations at the time of initiating

prosecution, shall make a list of moveable and immoveable assets of all the accused in that

case and shall notify the same. No transfer of the same shall be permitted after such

notification. In the event of final conviction, the court shall be empowered to recover loss

determined under section 19 of this Act from this property, in addition to other measures.

(vi) If during the course of investigation or enquiry into a complaint, Lokpal feels that

continuance of a public servant in that position could adversely affect the course of

investigations or enquiry or that the said person is likely to impact evidence or witnesses,

the Lokpal may issue appropriate orders including transfer of that public servant from that

position or his suspension.

Provided that such orders shall not be passed against the Prime Minister.

(vii) In case of a grievance, the Lokpal may issue interim orders to the appropriate authority

recommending grant of interim relief to the complainant if he is satisfied at any stage of

preliminary inquiry on investigation that the complainant has sustained injustice or undue

hardship in consequence of any decision or action of a public servant.

(viii) The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an

interim order, appropriate authorities to take such action as is necessary, including

suspension of a government servant, pending inquiry or investigation.-

(i) to safeguard wastage or damage of public property or public revenue by the

administrative acts of the public servant;

(ii) to prevent further acts of misconduct by the public servant;

(iii) to prevent the public servant from secreting the assets allegedly acquired by him by

corrupt means;

(ix) Where after investigation into a complaint, the Lokpal is satisfied that the complaint

involving an allegation against the public servant is substantiated and that the public servant

concerned should not continue to hold the post held by him, the Lokpal shall pass orders to

that effect. In case of public servant being a Minister, Lokpal shall make such

recommendation to the President, who shall decide either to accept such recommendation

or reject it within a month of its receipt.

Provided that the provisions of this section shall not apply to the Prime Minister.

(x) If, after enquiry into a grievance and after affording reasonable opportunity of being heard

to both the complainant and the public authority, the Lokpal is satisfied that such grievance

is substantiated either wholly or partly, he shall,

i. Pass appropriate orders directing appropriate authorities to redress the grievance

in a manner and within the time prescribed in the order, and

ii. Direct the appropriate authorities to deduct from the salary of the officials

mentioned in the order, such penalty amounts as are directed by Lokpal , which

shall not be less than Rs 250 per day of delay calculated from day the time limit

mentioned in citizens’ charter for redressing that grievance got over, and

iii. Direct the appropriate authorities to compensate the complainant with such

amounts as mentioned in the order.

Provided that any grievance shall be disposed within 15 days of its receipt.

Provided further that if it relates to life and liberty of a person or if the matter is such as to

warrant immediate attention and the Lokpal is so satisfied, the same shall be disposed

within 48 hours.

(xi) All records and information of Lokpal shall be public and shall be provided under Right to

Information Act, even at the stage of investigation or enquiry, unless release of such

information would adversely affect the process of enquiry or investigation.

Provided that no information in any case shall be withheld under Right to Information

Act after the completion of enquiry or investigation.

Recovery of Loss to the Government and punishments

19. Recovery of loss to the Government: If a person is convicted of an offence under Prevention of

Corruption Act, then the trial court will also quantify the loss caused to the government and apportion

that amount to various convicts from whom this money must be recovered as arrears of land revenue.

19A. Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act,

punishment shall not be less than five years which may extend upto life imprisonment.

Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a

Minister, the punishment shall not be less than ten years.

Provided further that if the offence is of the nature mentioned in proviso to section 2(4) of this Act and if

the beneficiary is any corporate house, in addition to other punishments mentioned in this Act and

under Prevention of Corruption Act, a fine amounting to five times the loss caused to the government

shall be recovered from the accused and the recovery may be done from the assets of the company and

from the personal assets of all Directors of the company, if the assets of the accused are inadequate.

Whistleblower protection

20. Protection of Whistleblower: (1) A whistleblower may write to Lokpal seeking protection from

threat of physical or professional victimization or if he has been subjected to such professional or

physical victimization.

(2) On receiving such a complaint, Lokpal shall take following steps:

(a) Threat of professional victimization: Lokpal shall conduct appropriate enquiries and if it feels

that there is a real threat to the person and the threat is on account of that person having made

an allegation under this Act, then the Lokpal shall pass appropriate orders, as soon as possible

but in not more than a month of receipt of such complaint, directing appropriate authorities to

take such steps as directed by the Lokpal.

(b) If a person complains that he has already been victimized professionally on account of

making an allegation under this Act, Lokpal shall, after conducting enquiries, if he is of the

opinion that the victimization is indeed because of that person’s having made an allegation

under this Act, pass appropriate orders, as soon as possible but in not more than a month,

directing appropriate authorities to take such steps as directed by the Lokpal.

Provided that for clause (a) Lokpal may, but for clause (b) the Lokpal shall, also issue

orders imposing penalties under CCS Conduct Rules against the officer or officials who issued

threats or caused victimization.

Provided further that no such penalties shall be imposed without giving an opportunity

of being heard to the affected officials.

(c) Threat of physical victimization: Lokpal shall conduct appropriate enquiries and if it feels that

there is a real threat to the person and the threat is on account of that person having made an

allegation under this Act or for having filed an RTI application to any public authority covered

under this Act, then notwithstanding anything contained in any other law, the Lokpal shall pass

appropriate orders, as soon as possible but in not more than a week, directing appropriate

authorities, including police, to take such steps as directed by the Lokpal to provide adequate

security to that person, to register criminal cases against those who are issuing threats and also

to take all such steps necessary to mitigate circumstances leading to such threat.

Provided that if the threat is imminent, Lokpal may decide to act immediately, within a

few hours to prevent physical assault on that person.

(d) If a person complains that he has already been physically assaulted on account of making an

allegation under this Act and if Lokpal is satisfied after conducting enquiries that the person has

been assaulted because of his having made an allegation under this Act or for filing an RTI

application in any of the public authorities covered under this Act, then notwithstanding

anything else contained in any other law, the Lokpal shall pass such orders, as soon as possible

but in not more than 24 hours, directing the concerned authorities to take such steps as

directed by the Lokpal to provide adequate security to that person, to register criminal cases

and also to ensure that no further harm visits on that person.

(e) If the whistleblower has alleged an act punishable under Prevention of Corruption Act, then

for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, assign the

allegations made by that person to a special team, put it on a fast track and complete

investigations in that case in not more than a month.

(f) If the whistleblower has alleged an act punishable under any law other than the Prevention

of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the

Lokpal shall, direct the agency which has the powers to enforce that law to assign the

allegations made by the whistleblower to a special team, put it on a fast track and complete

investigations in that case in such time as directed by the Lokpal.

(g) Lokpal shall have the powers to issue directions to appropriate agencies in the cases covered

under clause (f), monitor such investigations and if necessary, issue directions to that agency to

do the investigations in the manner as directed by the Lokpal.

(3) If any complainant requests that his identity should be kept secret, Lokpal shall ensure the same.

Lokpal shall prescribe detailed procedures on how such complainants shall be dealt with.

(4) Lokpal shall Issue orders to the Public Authorities to make necessary changes in their policies and

practices to prevent recurrence of victimization.

Grievance Redressal Systems

21. Citizens’ Charters: (1) Each public authority shall be responsible for ensuring the preparation and

implementation of Citizens Charter, within a reasonable time, and not exceeding one year from the

coming into force of this Act.

(2) Every Citizens Charter shall enumerate the commitments of the respective public authority to the

citizens, officer responsible for meeting each such commitment and the time limit with in which the

commitment shall be met.

(3) Each public authority shall designate an official called Public Grievance Redressal Officer, whom a

complainant should approach for any violation of the Citizens Charter.

(4) Every public authority shall review and revise its Citizens Charter at least once every year through a

process of public consultation.

(5) Lokpal may direct any public authority to make such changes in their citizens’ charter as are

mentioned in that order.

(6) No grievance shall be accepted by Lokpal if 15 days have not elapsed after submission of complaint

by the complainant with the Public Grievance redressal Officer of that Public Authority.

Provided that if Lokpal feels that considering the gravity or urgency of the grievance, it is

necessary to do so, the Lokpal may decide to accept such grievance earlier also.

Employees and staff and authorities in Lokpal

22. Chief Vigilance Officer: (1) There shall be a Chief Vigilance Officer in each public authority to be

selected and appointed by Lokpal.

(2) He shall not be from the same public authority.

(3) He shall be a person of impeccable integrity and ability to take proactive measures against

corruption.

(4) He shall be responsible for accepting complaints against any public authority and shall transfer the

complaints related to other public authorities within two days of receipt.

(5) He shall be responsible for carrying out all such responsibilities as assigned to him from time to time

by Lokpal including dealing with complaints in the manner as laid down by Lokpal from time to time.

Provided that the complaints which require investigations under Prevention of Corruption Act 1988 shall

be transferred to the Investigative wing of Lokpal.

Provided further that the complaints, other than grievances, against officers of the level of Joint

Secretary or above shall not be dealt by the Chief Vigilance Officer and shall be transferred to the

Lokpal, who shall set up a committee of Chief Vigilance Officers of three other public authorities to

enquire into such complaint.

(6) All the grievances shall be received and disposed by Chief Vigilance Officer on behalf of Lokpal, if the

citizen fails to get satisfactory redressal from Public Grievance Officer under section 21 of this Act.

23. Staff of Lokpal, etc.- (1) There shall be such officers and employees as may be prescribed to assist

the Lokpal in the discharge of their functions under this Act.

(2) The number and categories of officers and employees shall be decided by the Lokpal in

consultation with the government.

(3) The categories, recruitment and conditions of service of the officers and employees referred

in sub-section (1) including such special conditions or special pay as may be necessary for enabling them

to act without fear in the discharge of their functions, shall be such as may be prescribed according to

the recommendations of Lokpal.

Provided that no official, whose integrity is in doubt, shall be considered for being posted in

Lokpal.

Provided further that all officers and employees, who work in Lokpal on deputation or otherwise

shall be eligible for the same terms and conditions as prescribed under this clause.

(4) Without prejudice to the provisions of sub-section (1), the Lokpal may for the purpose of

conducting investigations under this Act utilize the services of.-

(a) any officer or investigating agency of the Central Government; or

(b) any officer or investigating agency of any other Government with the prior

concurrence of that Government; or

(c) any person or any other agency.

(5) The officers and other employees referred to in sub-section (1) shall be under the

administrative and disciplinary control of the Lokpal:

(6) Lokpal shall have the powers to choose its own officials. Lokpal may enlist officials on

deputation from other government agencies for a fixed tenure or it may enlist officials on permanent

basis from other government agencies or it may appoint people from outside on permanent basis or on

a fixed tenure basis.

(7) The staff and officers shall be entitled to such pay scales and other allowances, which may be

different and more than the ordinary pay scales in the Central Government, as are decided by the Lokpal

from time to time, in consultation with the Prime Minister, so as to attract honest and efficient people

to work in Lokpal.

24. Repeal and savings – (1) The Central Vigilance Commission Act shall stand repealed.

(2) Notwithstanding such repeal, any act or thing done under the said Act shall be deemed to have been

done under this Act and may be continued and completed under the corresponding provisions of this

Act.

(3) All enquiries and investigations and other disciplinary proceedings pending before the Central

Vigilance Commission and which have not been disposed of, shall stand transferred to and be continued

by the Lokpal as if they were commenced before him under this Act.

(4) Notwithstanding anything contained in any Act, the posts of the Secretary and other Officers and

Employees of the Central Vigilance Commission are hereby abolished and they are hereby appointed as

the Secretary and other officers and employees of the Lokpal. The salaries, allowances and other terms

and conditions of services of the said Secretary, officers and other employees shall, until they are varied,

be the same as to which they were entitled to immediately before the commencement of this Act.

(5) All vigilance administration under the control of all Departments of Central Government, Ministries

of the Central Government, corporations established by or under any Central Act, Government

companies, societies and local authorities owned or controlled by the Central Government shall stand

transferred, alongwith its personnel, assets and liabilities to Lokpal for all purposes.

(6) The personnel working in vigilance wings of the agencies mentioned in sub-section (5) shall be

deemed to be on deputation to Lokpal for a period of five years from the date they are transferred to

Lokpal. However, Lokpal may decide to repatriate any one of them anytime.

(7) That Department from where any personnel have been transferred to Lokpal under sub-section (5),

shall cease to have any control over the administration and functions of transferred personnel.

(8) Lokpal shall rotate the personnel and create vigilance wing of each department in such a way that no

personnel from the same department get posted for vigilance functions in the same department.

(9) No person shall be employed with Lokpal against whom any vigilance enquiry or any criminal case is

pending at the time of being considered.

25. Investigation Wing of Lokpal: (1) There shall be an investigation wing at Lokpal.

(2) Notwithstanding anything contained in section 17 of Prevention of Corruption Act, such officers of

Investigation wing, upto the level as decided by Lokpal, shall have, in relation to the investigation and

arrest of persons throughout India, in connection with investigation of complaints under this Act, all the

powers, duties, privileges and liabilities which members of Delhi Special Police Establishment have in

connection with the investigation of offences committed therein.

(3) That part of Delhi Special Police Establishment, in so far as it relates to investigation and prosecution

of offences alleged to have been committed under the Prevention of Corruption Act, 1988, shall stand

transferred, alongwith its employees, assets and liabilities to Lokpal for all purposes.

(4) That part of Delhi Special Police Establishment, which has been transferred under sub-section (3),

shall form part of Investigation Wing of Lokpal.

(5) The Central Government shall cease to have any control over the transferred part and its personnel.

(6) The salaries, allowances and other terms and conditions of services of the personnel transferred

under sub-section (3) shall be the same as to which they were entitled to immediately before the

commencement of this Act.

(7) All cases which were being dealt by that part of Delhi Special Police Establishment, which has been

transferred under sub-section (3), shall stand transferred to Lokpal.

(8) After completion of investigation in any case, the investigation wing shall present the case to an

appropriate bench of Lokpal, which shall decide whether to grant permission for prosecution or not.

26. Complaints against officers or employees of Lokpal: (1) Complaints against employees or officers of

Lokpal shall be dealt with separately and as per provisions of this section.

(2) Such complaint could relate to an allegation of an offence punishable under Prevention of Corruption

Act or a misconduct or a dishonest enquiry or investigation.

(3) As soon as such a complaint is received, the same shall be displayed on the website of Lokpal,

alongwith the contents of the complaint.

(4) Investigations into each such complaint shall be completed within a month of its receipt.

(5) In addition to examining the allegations against the said official, the allegations shall especially be

examined against sections 107, 166, 167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218,

219, 463, 464, 468, 469, 470, 471, 474 of Indian Penal Code.

(6) If, during the course of investigations, the Lokpal feels that the charges are likely to be sustained, the

Lokpal shall divest such officer of all his responsibilities and powers and shall place him under

suspension.

(7) If after completion of enquiry or investigations, Lokpal decides to prosecute that person under

Prevention of Corruption Act, 1988 or holds him guilty of any misconduct or of conducting dishonest

enquiry or investigations, then that person shall not work with Lokpal anymore. Lokpal shall either

dismiss that person from the job, if that person is in the employment of Lokpal, or shall repatriate him, if

he is on deputation.

Provided that no order under this clause shall be passed without giving reasonable opportunity of being

heard to the accused person.

Provided further that order under this clause shall be passed within 15 days of completion of

investigations.

(8) There shall be a separate wing in Lokpal to deal with complaints against officers or staff of Lokpal.

(9) Lokpal shall take all steps to ensure that all enquiries and investigations on complaints against its

own staff and officials are conducted in most transparent and honest manner.

27. Protection- (1) No suit, prosecution, or other legal proceedings shall lie against the Chairperson or

members or against any officer, employee, agency or person referred to in Section 14(4) in respect of

anything which is in good faith done while acting or purporting to act in the discharge of his official

duties under this Act.

(2) No proceedings of the Lokpal shall be held to be bad for want of form and except on the ground of

jurisdiction, no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed

or called in question in any court of ordinary Civil Jurisdiction.

Miscellaneous

28. Public Servants to submit property statements-

(1) Every public servant, other than those mentioned in Section 2(11)(a) to (c), shall within three months

after the commencement of this Act and thereafter before the 30th June of every year submit to the

head of that public authority, in the form prescribed by Lokpal, a statement of his assets and liabilities

and those of the members of his family. Public servants mentioned in sections 2(11)(a) to (c) shall

submit their returns in a format prescribed by the Lokpal to the Lokpal with the aforesaid time lines.

(2) The Head of each public authority shall ensure that all such statements are put on the website by 31st

August of that year.

(3) If no such statement is received by the Head of that public authority from any such public servant

within the time specified in sub-section (1), the Head of that public authority shall direct the concerned

public servant to do so immediately. If within next one month, the public servant concerned does not

submit such statement, the Head shall stop the salary and allowances of that public servant till he

submits such statement.

Explanation- In this section “family of a public servant” means the spouse and such children and

parents of the public servant as are dependent on him.

(4) The Lokpal may initiate prosecution against such public servant under Section 176 IPC.

(5) If any public servant furnishes any statement, which is subsequently found to be incorrect, then

Lokpal, in addition to taking action against the said public servant under other sections of this Act, may

also impose a penalty upto a maximum of 50% of the value of the additional property subsequently

detected. Lokpal shall also intimate such information to the Income Tax Department for appropriate

action.

29. Power to delegate and assign functions: (1) Lokpal shall be competent to delegate its powers and

assign functions to the officials working in Lokpal.

(2) All functions carried out and powers exercised by such officials shall be deemed to have been so

done by the Lokpal.

Provided that the following functions shall be performed by the benches and cannot be delegated:

(i) Granting permission to initiate prosecution in any case.

(ii) Order for dismissal of any government servant under CCS Conduct Rules.

(iii) Passing orders under section 10 on complaints against officials and staff of Lokpal.

(iv) Pass orders in cases of complaints, other than grievances, against officers of the level of Joint

Secretary and above.

30. Time limits: (1) Preliminary enquiry under sub-section (1) of section 9 of this Act should be

completed within a month of receipt of complaint.

Provided that the enquiry officer shall be liable for an explanation if the enquiry is not completed within

this time limit.

(2) Investigation into any allegation shall be completed within six months, and in any case, not more

than one year, from the date of receipt of complaint.

(3) Trial in any case filed by Lokpal should be completed within one year. Adjournments should be

granted in rarest circumstances.

31. Penalty for false complaint- (1) Notwithstanding anything contained in this Act, if someone makes

any false or frivolous complaint under this Act, Lokpal may impose such fines on that complainant as it

deems fit.

Provided that no fine can be imposed without giving a reasonable opportunity of being heard.

(2) Such fines shall be recoverable as dues under Land Revenue Act.

(3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.

31A. Preventive measures: (1) Lokpal shall, at regular intervals, either study itself or cause to be studied

the functioning of all public authorities falling within its jurisdiction and in consultation with respective

public authority, issue such directions as it deems fit to prevent incidence of corruption in future.

(2) Lokpal shall also be responsible for creating awareness about this Act and involving general public in

curbing corruption and maladministration.

32. Power to make Rules – (1) The Government may, by notification in the Official Gazette, make rules

for the purpose of carrying into effect the provisions of this Act.

Provided that such rules shall be made only in consultation and with the approval of Lokpal.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may

provide for .-

(i) the allowance and pensions payable to and other conditions of service of the Chairperson and

members of Lokpal;

(ii) the powers of a Civil Court which may be exercised by the Lokpal under clause (h) of sub-section

(2) of section 11;

(iii) the salary, allowances, recruitment and other conditions of service of the staff and employees of

the Lokpal;

(iv) any other matter for which rules have to be made are necessary under this Act.

(3) Any rule made under this Act may be made with retrospective effect and when such a rule is

made the reasons for making the rule shall be specified in a Statement laid before both Houses of the

Parliament.

33. Removal of difficulties- Notwithstanding anything contained in this Act, the President, in

consultation with Lokpal or on request of Lokpal may, by order, make such provision –

(i) for bringing the provisions of this Act into effective operation;

(ii) for continuing the enquiries and investigations pending before the Central Vigilance Commission by

the Lokpal.

34. Power to make regulations: Lokpal shall have power to make its own regulations for the smooth

functioning of the institution and to effectively implement various provisions of this Act.

35. This Act shall override the provisions of all other laws

 

JANLOKPAL  BILL   –   Need  for  Accountability  of  VVIPS

An open  Letter  to Cabinet  Ministers Mr. Mukherjee , Mr.Sibal , Mr.Chidambaram & Spokes person Mr.Singhvi.

 

While drafting  our constitution of india ,  drafting members  – freedom fighters  themselves  assumed that  in future also the persons who will occupy constituional positions will be sincere  & of  high impeccable  integrity.  However they were proved wrong. Late Prime Minister of Great Britain Mr.Winston Churchill has been proved  right.

 

“Power will go to the hands of rascals,rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan.

 

Nowadays  , criminals  have  entered into public service , working as police , magistrates , etc. Criminals have become MPs , MLAs and are also working as Cabinet Ministers .  Criminals  have become judges , some of them have become supreme court  judges.

 

End result  CRIMINALS  POLICING  THE  OTHER CRIMINALS , CRIMINALS  DRAFTING  LAWS , CRIMINALS  JUDGING OTHERS. Even  there are cases of  irregularities  , illegaliteies  by Prime Minister of India and  Irregularities , illegalities committed  by  supreme  court of india judges . Example :  JMM MPs bribery case , CWG Scam , 2G Scam , Bofors Scandal , etc  and  Bhopal  Gas Tragedy Judgement fixing by  then chief justice of india by way of alteration of  charges ,  financial irregularities , illegal dealings by supreme court judges , etc.

 

In this backdrop , continuing with legal immunity to Prime minister  of india , supreme court judges or any constitutional persons  is nothing but blanket clearance to those  VVIPs to committ more crimes , more anti-national acts  wthout the fear of Law  or Legal Prosecution. THIS  LEGAL  IMMUNITY  IS  &  WILL  BE AGAINST  THE BASIC  CONSTITUTIONAL  LETTER  &  SPIRIT  OF  EQUALITY  &  EQUITABLE  JUSTICE.

 

Are not  some of the  cabinet minsiters , so called constitutional experts  , great advoctaes  aware of this fundamental violation  of constitution of india.  Ofcourse , these advocates rightly fight for , take the cases of poor , commonman , they usually take cases of MNCs , Big time criminals , etc.  Let  these constitutional experts  show us a single government hospital without corruption . Let  the  light  of our  constitution  shine  on  our   learned friends in the parliament  belonging to all political parties. Corruption is there in every political party , in the same way there are  very few honest persons in all political parties , judiciary , police & public service.  Why you are afraid of accountability to people , while  you are enjoying 5-star luxurious lifestyles at tax payer’s expense ?

 

If  you are so  sincere  ANSWER  FOLLOWING  QUESTIONS :

 

Questions SUPREME COURT  OF INDIA  JUDGES  , DGP of Karnataka & UNION HOME SECRETARY  are  NOT  Answering

 

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

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

Main B :

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

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS  &  POLICE  STATIONS   READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  , 

ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of…
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of… 

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201 

HONOR OF INDIAN PALIAMENT FOR SALE
http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale
Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh
http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

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

 

Main  C  :Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution afterIndia gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution ofIndia?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in Englandwhich is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .

These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

Jai Hind.  Vande Mataram.

 

Your’s  sincerely ,

Nagaraja.M.R.

 

 

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