S.O.S e – Voice For Justice – e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.13..Issue.02….….14 / 01 / 2017
Why Police Judges NOT answering ?
Constable Files PIL In Bombay HC Alleging “Rampant Corruption” In Traffic Police Department
In an embarrassment to the Police Department, head constable Sunil Toke has fied a PIL alleging rampant corruption in Mumbai’s traffic police, seeking registration of an FIR against corrupt police officials and constitution of a Special Investigation Team to look into this entire case. Toke, who is currently posted at Worli, was earlier posted at Goregaon Traffic Police Division and at Wadala Traffic Police Division. He has been in police service for 32 years.
During his stint in the Traffic Police division, the petition state D Toke was “shocked and surprised” to see such “rampant corruption”. Many allegations were levelled against the traffic police in the petition. It was stated that in each region/division of Traffic Police Department, there are two constables/havildars, who are known as “cashiers”. They are unofficially deputed on the duty to collect daily / monthly hafta from old and new two-wheeler and four-wheeler showrooms, which is about Rs.5,000 to Rs.10,000. It is also stated that traffic police “collect around Rs.25,000 to Rs.30,000 per month for running ready-mix cement vehicles, sand, bricks and other construction material vehicles. “
Other cases where the traffic police choose to look the other way in exchange for some cash, were also highlighted. For example, in case of illegal parking on the roads, it is stated that the traffic police take money from five star hotels for allowing illegal parking on the roads. Even in cases of drunken driving, the petition stated that the police let the guilty off the hook in exchange for cash.
The petitioner had written several complaints to senior police officials, including the Commissioner as well as the Director General of Police, citing instances of corruption in the traffic police department but no action has been taken. He even wrote a letter to the Chief Minister. He even submitted a CD, which allegedly has proof to substantiate his allegations. This matter will come up for hearing in due course
Unauthorised colonies born out of greed: Delhi HC
Unauthorised colonies are normally born out of greed with intent of securing unmerited benefits and legalising them has emboldened purchasers of acquired land and encroachers apart from leading to manifold problems, the Delhi High Court has said.
“This court would like to emphasise the distinction between an unauthorised colony and jhuggi jhopri cluster.
While jhuggi jhopri clusters are normally born out of need and necessity for housing of the poor and under privileged, unauthorised colonies are normally born out of greed with intent to secure unmerited benefits,” Justice Manmohan said.
The observation came while dismissing a plea of a resident welfare association (RWA) to restrain the Delhi Development Authority (DDA) from dispossessing any of the members of the association from their land to build roads.
The court in its judgement has said people “who have cut these unauthorised colonies have neither paid full development charges to the civic authorities nor provided proper civic facilities like roads, sewerage, drainage, water and electricity and as a consequence, diseases like malaria, diarrhoea and tuberculosis are common in Delhi”.
It said it would be difficult to provide adequate and proper sewage, drainage and roads after an unplanned colony has been constructed and occupied, as construction would have been carried out in a “haphazard manner without adhering to any scientific norms”.
The court further said, “Legalising of unauthorised colonies in the past has not only emboldened the purchasers of acquired land and rank encroachers but has created manifold problems of environmental degradation, traffic bottlenecks etc.”
It said the members of the RWA of Utsav Vihar here who are affected by the acquisition of their land by DDA can move individual petitions in the high court for relief under the Land Acquisition Act of 2013.
The RWA had contended that the acquisition of their land, initiated under the earlier Act of 1894, had lapsed as no compensation had been paid.
Justice Manmohan, however, said that “till the time the appropriate court does not declare that the acquisition proceeding has lapsed, this court is of the view that the right of DDA to the land cannot be questioned”.
DDA had, during the proceedings, contended that as the unauthorised colony of the petitioner RWA was on acquired government land, the authority was entitled to utilise any portion of the acquired land for a public project.
President Obama’s final foreign policy speech at MacDill air force base in Tampa, betrayed its purpose through the venue. The Tampa, Florida, base is home to Special Operations Command and Central Command — Special Operations playing an ever increasing role in counter terrorism.
The gist of the speech seemed to assert that the US is and should stay true to its values when fighting terrorism. An assertion when at the same time Congressman Ted Lieu, a California Democrat, has written a letter to Secretary John Kerry warning him the US could be charged with war crimes in aiding Saudi Arabia’s bombing campaign in Yemen. The US helps through in-air refueling of planes. The Congressman claims there are 70 documented incidents targeting civilians including women and children. Yemen itself never had a refugee crisis through years of civil conflict, that is until the merciless Saudi air onslaught.
What did Libya do to incur US wrath? It was fighting a civil war where the casualties were in the hundreds and the rebels themselves not without foreign instigators. Look at Libya now. From leading Africa on the Human Development Index scale to being bombed into a shambles without an effective government. By the way, what was the strategic (or for that matter even tactical) value of bombing a precious and expensive water system bringing water from the south to Tripoli? And how did it help the civilian population of Tripoli? Now, of course, those who can, in Libya, are fleeing to Europe. In fact, sub-Saharan Africans who would come to Libya seeking work now try also to get to Europe.
Ask the Libyans who they blame for their problems and the answer comes back without equivocation, the US. It was the leading cause of the country’s destruction. Ask the Yemenis … ditto. It is the country supplying the planes, the bombs, the air-refueling. Without it there would be no air campaign. Ask the Syrians as a National Public Radio reporter did this week. They certainly do not blame President Bashar Assad, who they feel is doing well at keeping the country together. No, they blame the Saudis, the Gulf States and their arms supplier-in-chief, the US.
Ask the Somalis. It was a U.S. sponsored invasion of Somalia by Ethiopia that destroyed the last chance of Somali stability, continuing the killing. The Islamic Courts regime could not have chosen a worse name, which sent danger signals rippling through the US administration, bringing fears of a Taliban and al-Qaeda replay. And it was a quiet, studious Somali student who went on a rampage at Ohio State University just over a week ago. Mr. Trump has been there this week to express his condolences and to repeat his anti-Muslim immigration and “extreme vetting” creed.
Ask the Iraqis and the Afghans. A vast swathe from North Africa through Yemen into Afghanistan and Pakistan are embroiled in conflict. Estimates of deaths in Iraq vary from 200,000 ascribed to violence to a million from the ravages of war. The war casualties in Afghanistan according to the Watson Institute at Brown University stand at around 111,000 with at least as many wounded, and continue to increase after a US presence for 15 years. Deaths from the effects of war among the population are not easily determined but as in Iraq are likely to be even higher.
The question to ask is whether 19 persons, primarily from Saudi Arabia, responsible for the 9/11 attacks warrant this wholesale killing. And for what? If anything, the situation and the fear factor in the US are worse and one of the reasons for Donald Trump’s win.
Is this heavy-handed policy actually fighting terrorism successfully, or is it alienating populations enough to be a proximate cause?
The Chief Justice of India
Supreme Court of India
New Delhi – 110201 (India)
Subject: Seeking immediate intervention into the arrest of activists of the Telangana Democratic Front on false charges and other attacks on rights defenders by police and vigilante groups in Chhattisgarh
In continuation with our previous two petitions dated 22nd February 2016 and 26th February 2016, we wish to draw you attention to the consistent erosion of rule of law and constitutional freedoms in Chhattisgarh in the wake of continuing attacks on civil rights defenders by the state police and administration in close collusion with the vigilante groups like the Samajik Ekta Manch and AGNI. In the most recent case of attack, on 25th December, 2016 a 7 member fact finding team was arrested by the Telangana police at Dummaguddem village of Bhadrachalam district at 6 pm and handed over to the Sukma Police (Chhattisgarh State).
The fact finding team consisted of members of the Telangana Democratic Front (TDF). TDF was formed recently to fight for the rights of the people of Telangana state. The members of the fact finding team are Chikkudu Prabhakar (Advocate), Bhalla Ravindranath (Advocate, High Court, AP), Durga Prasad (Journalist), Duddu Prabhakar (President, KNPS, AP), Rajendra Prasad (Student leader, Telangana Vidyarthi Vedika), Nazeer (Student leader, Telangana Vidyarthi Vedika) and Ramananda Laskhme (Student organizer), all seven are persons of public repute and have been committed to the cause of democratic rights for decades.The team was on its way to investigate complaints of human rights violations suffered by adivasis of Chhattisgarh at the hands of security forces. The immediate context of the fact finding related to the murder of a 13 year old tribal boy Somaru Pottam. On December 16, Bijapur police had announced that a team of security forces had killed an ‘unidentified and armed Maoist in uniform’ in Metapal in a gun battle. The residents of Metapal, however, later recognized him as Somaru Pottam, following which Pottam’s parents petitioned the High Court.
The Sukma police has alleged that the team members were in possession of demonetized currency and had come to aid the Maoists by exchanging the old currency on their behalf. The team was charged under sections 8(1), (2) and (3) of the Chhattisgarh State Public Security Act, on charges of support to Maoists and for possession of banned literature. On 3rd January the Dantewada district court rejected the bail application in the case. During the court hearing neither the copies of seizure reports, FIR, and or panchnama reports that are public documents have been shared with the defence lawyers. The list of seizure reports that were read out contained books widely available and none belonged to the category of banned literature. The action of the police against the fact finding team is clearly an attempt to criminalize democratic activity and prevent democratic and human rights groups from entering Chhattisgarh and documenting excesses by the security forces.
The arrests and incarceration of the activists of TDF is part of a long chain of organized attacks marked by false cases, detention, intimidation and harassment of those who dare to expose the lawlessness of the state. In 2016 alone, the security forces have carried out 134 encounter deaths in Chhattisgarh and three cases of sexual violence by security forces have come to public light. In one of the cases that occurred in October 2015 in Bijapur, the NHRC has found prima facie evidence against the state police officials of gang rapes and physical assault of tribal women. A similar incident of sexual violence took place this year in January in the Nendra village, in relation to which the NHRC has sought response from the authorities. While the state continues to intensify the use of violence against the tribals in Chhattisgarh as part of their ‘counter-Maoist’ operations, carrying out planned encounters, fake surrenders, sexual abuses and illegal detentions, those bringing out the truth have also been on the radar of the state. The following cases of attack on journalists, lawyers and activists in 2016, bear testimony to the vindictive vendetta of the state.
- i) Intimidation of lawyer, Shalini Gera: Shalini Gera, along with other members of the Jagdalpur Legal Aid Group (JAGLAG), have continuously been harassed and attacked by the police and local groups, as a penalty for providing legal remedies to adivasis who have suffered at the hands of the police and security forces. In December 2016, another attack was made at Shalini accusing her of exchanging old currency notes for Maoists. She was also accused of meeting Maoists in the Dantewada jungles. The complaint was made by a member of the vigilante group AGNI. Shalini was present in Goel dharamshala, in Jagdalpur, from 25.12.2016 to 26.12.2016, to attend the exhumation and repeat post mortem ordered by the Chhattisgarh High Court, of the body of Somaru Pottam having found prima facie evidence of murder. Shalini Gera is representing the parents of Somaru Pottam in the case where his parents have accused the security forces of killing their son. Shalini Gera and her team were accompanied throughout by Mr. D Mahant, Tehsildar of Bijapur, and also by Mr. Pankaj Daharia CEO of Bijapur and the SDM of Bijapur. Mr. Wasnikar, Divisional Commissioner, had made arrangements for their stay in Goel Dharamshala as the Circuit house was fully occupied. However on the 26th evening, she was threatened by the SI Archana Dhurandhar, and accused by of staying in the dharamshala in an ‘unauthorized’ manner. The next day, she received a call from Mr R.N. Dash, SP Bastar, that he has received a complaint against Shalini for adding the Maoists. So far, no FIR has been registered but DIG Kalluri has addressed several press conferences announcing that they are investigating the complaint. These attempts at intimidation are not new. For the past year and a half, Shalini Gera and her colleague Isha Khandelwal have been constantly harassed by the police officials and were forced to vacate their premises on February 20, 2016, under orders from SP Dash and SRP Kalluri.
- ii) Harassment of Sukul Prasad Barse, an adivasi rights activist: Sukul Prasad Barse, an adivasi activist was intimidated by the Chhattisgarh police for organizing a meeting on the 19th of December in village Matenaar of Dantewada district. The purpose of the meeting, organized with the help of People’s Union for Civil Liberties (PUCL) was to hear accounts of the family members of those adivasis who have been killed in fake encounters, were victims of sexual violence and other human rights abuses by the police and security forces. Activists who were returning after the event, were stopped by the police for verification. The photos of the activists were taken by the police and circulated through social media and were circulated to vigilante groups who in turn concocted a story of JNU students having come to Bastar for provoking people. The Dantewada police have been regularly visiting Mr Barse’s house and threatening him for organizing this event.
iii) Intimidation of activists in the wake of the CBI charge sheet in the Tadmetla massacre: In October 2016, effigies were burnt by the police of six prominent members of civil society who have faced violence and intimidation earlier for resisting the ongoing war against the adivasis in Bastar. This ‘official protest’ by the police came in the wake of the CBI submitting its status report in the Supreme Court monitored inquiry into the Tadmetla massacre of 2011. The CBI in its report held 7 SPOs responsible for the arson and 26 Salwa Judum members guilty of the attack on Swami Agnivesh and his team when they went to do a fact-finding. The CBI also found prima facie evidence of killing, rapes, brutal assault and lootings. The Chhattisgarh Police dismissed the CBI findings claiming that the burning down of the village was accidentally caused by heat generated by crossfire during an operation against the Maoists. Thereafter, on 24th October personnel of the Chhattisgarh Auxilliary Police Force burnt effigies of Manish Kunjam, Nandini Sundar, Bela Bhatia, Soni Sori and Malini Subramaniam, across Bastar. Kunjam and Sundar are the petitioners in the Tadmetla case. The police forces while burning the effigies, in defiance and utmost contempt of the Supreme Court order, claimed that those six persons are ‘anti-nationals’ responsible for maligning the Chhattisgarh police propagating false and fabricated stories.
- iv) UAPA and murder charges against tribal rights activists: On 5th November an FIR was registered by the Chhattisgarh police invoking Sections 302 (murder), 120B (criminal conspiracy), 147 (punishment for rioting), 148 (rioting armed with deadly weapon) and 149 (Unlawful assembly towards common object) of the IPC against 26 persons. The list of accused included academics, Nandini Sundar and Archana Prasad, activists Vineet Tiwari, Sanjay Parate from the Communist Party of India (Marxist), two local activists, Manju Kawasi and Manglu Ram Karma for the murder of Shamnath Baghel, a resident of Nama village and alleged leader of an anti-Naxal group called ‘Tangiya’, who was killed on 4th November allegedly by the Maoists. The FIR was filed on a complaint allegedly made by the wife of the deceased (which she later denied to NDTV). This particular case connects back to a fact-finding conducted by the people listed in the FIR in May 2016. The fact finding report had revealed several instances of fake encounters, rapes and arrests by police and security forces, beatings and IED blasts rampantly carried out by the police. The team had also revealed that the police were holding Jan Jagran Abhiyans with villagers and evidently aiding the resurgence of armed militia of villagers similar to the earlier disbanded Salwa Judum, to counter the Maoists. Following the report, the Chhattisgarh police had accused the team members of threatening the villagers and forcibly asking them to support the Maoists, a claim that the villagers of Nama had later denied. It also remains a fact that one of the prime accused in the FIR, Prof. Nandini Sundar is a petitioner in the Tadmetla case. The fact that these persons were not there in the village on the day of the murder, did not deter the police from pursuing the complaint against them. DIG Kalluri himself appeared before the media, congratulating his men for bringing the accused to task! Finally, a petition was moved in the Supreme Court of India that made it obligatory for the State of Chhattisgarh to provide four week notice to the court before deciding on any action, led to some temporary relief.
- v) Attack on journalist Prabhat Singh: An organized campaign has long been carried out against the local journalists who have been reporting about the police excesses in the state. On 21st March 2016, Prabhat Singh, a local journalist working with ETV, was picked up by policemen in plain clothes from his office and taken to Parapa police station where he was illegally detained for a day and tortured all night. He was also pressurized to write reports favouring the DIG Kalluri and was forced to sign a number of blank documents. Prabhat Singh was then charged under Sections 67, 67 (A), 292 IT Act on the allegation that he had sent an obscene what’s app message against a senior police officer. The complaint against Prabhat Singh was registered at the behest of the members of the local vigilante group Samajik Ekta Manch. A day before his illegal detention, his job at the ETV was abruptly terminated without any prior notice, blatantly bringing to fore the planned nature of attack against him. Singh had been reporting on fraudulent arrests and fake encounters carried out by the Bastar police consistently since 2014 and had been threatened by the police against his reporting. In 2015, three other cases had been registered against him in the district of Dantewada including charges under The SC and the ST (Prevention Of Atrocities) Act, 1989 and the draconian Chhattisgarh Special Public Security Act, 2005. On 21st June 2016, the Chhattisgarh High Court granting him bail on all four cases registered against him.
- vi) Arrest of journalist Deepak Jaiswal: On 26th March 2016, another journalist Deepak Jaiswal working for Daindini newspaper, was arrested by the police when he had gone to the court to file a bail application for Prabhat Singh. He was arrested in a seven month old case in which Prabhat Singh also was a co-accused. The two journalists had reported about a school in Geedam in Dantewada where teachers helped the students cheat in the exam. After the report, the Principal had complained against the two for forcibly entering the school and demanding money. The arrest was made, however, only when Jaiswal had come in support of Prabhat Singh on charges of trespassing, obstructing public servant from discharging their duty, and assault against a public servant. Along with Someru Nag, Santosh Yadav (see annexure dated 22nd February) and Prabhat Singh, Jaiswal became the fourth journalist to be arrested in Chhattisgarh within less than six months.
These instances of intimidation, harassment, physical attacks, evictions, false cases, and arrests of activists in Chhattisgarh, have continued unabated in the year 2016, much like the past. By embroiling the journalists and activists in false cases and arresting and torturing some of them, the police tries to ensure that crimes being committed by Government forces and their allies do not get reported. By dragging in the names of scholars and activists espousing the cause of the tribal rights, the support and solidarity to the adivasis is increasingly restricted. By intimidating and evicting legal helps such as JagLag, legal assistance to adivasis is made difficult ensuring they languish in jail for innocence. Findings of the CBI in the Tadmetla massacre, the NHRC in the Nendra sexual violence or the High Court in Pottam’s encounter, need to be viewed as public acknowledgement of that the ‘counter-Maoist operation’ in Chhattisgarh carried out by security forces is a farce under the garb of which violence is being perpetrated and vested interests are being served. The state continues to foster vigilante groups such as AGNI which are nothing but revived forms of the earlier disbanded Salwa Judum. The Supreme Court in a historic judgment in 2011 had declared the Salwa Judum unconstitutional, however, guises of the same have been continually being operating as illegally armed local militias intimidating democratic forces and silencing the truth.
Burning effigies in relation to the Tadmetla findings in contempt of the Supreme Court order, disrupting the process of exhumation and post-mortem ordered by the Chhattisgarh High Court and continuing to arm and empower local goons against civilians, the Chhattisgarh state police has also been trying to impede the interests of justice by defying the judiciary. We, therefore, appeal for your urgent intervention in the prevailing state of affairs in Chhattisgarh.
Cijo Joy and Anushka Singh
Committee for Protection of Democratic Rights – Tamil Nadu, (CPDR-TN) strongly condemns the arrest of Advocate Murugan, Secretary Centre for Protection of Civil Liberties (CPCL), on 8th January by the Tamilnadu Q branch police. The police had gone to his house in the early morning 4 o’clock, in the pretext of search operations with the search warrant order from Karur district magistrate. And the Q branch police arrested him under Unlawful Activities Prevention Act (UAPA) sections 18(a), 18(b), 20 and 38 & IPC 120(b) for allegedly arranging shelter for two women Maoists who were arrested in Karur five months before. And they took with them all the case documents , files, preparations for final arguments for some cases, some common books and Homeopathy medicines & medical book.
Advocate Murugan has been in the civil rights activity for more than 10 years and has been in the forefront taking up the cause of political prisoners cases including that of maoists. He has also been representing the two women maoists arrested five months before in Karur. The court had issued search warrant of Advocate Murugan, in compliance with the Q branch, in the Karur case. The order issued by the district magistrate should have ordered restraint on the search, as he must know that advocates , who are regarded as officers of the court, are part and parcel of the court and play vital roles in the administration of justice, are bound to be in possession of all documents for reference and defence of their clients who are accused before court of law.
Section II of Bar Council of India 1975, in part VI chapter II provides for duties of advocates towards his clients. Rules 15 and rules 19 has relevance to the same.
Rule 15 states that “ it shall be the duty of an advocate fearlessly to uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend the person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty to the law which requires that no man should be convicted without adequate evidence”.
Rules 19 states that “an advocate shall not act on the instructions of any person other than his client or his authorized agent”.
And “ an advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He shall also not disclose the advice given by him in the proceedings if it does not violate section 126 of the Indian Evidence Act, 1872.”
Advocate Murugan, in defence of maoist clients being Indian citizens has only been discharging his duty as under the provisions of advocate acts and it was not in any way violative of the legal provisions and he is entitled for practice of his profession as guaranteed under 19(g) of Constitution of india. Without any such restraints the karur Court’s compliance with Police, the search warrant leaves Q branch the high possibility of utilizing any defence materials of the advocate to implicate him in the same case he is defending. This is a fundamental violation of the right of the advocate to defend his client and lack of protection from the court leaves total violation of fundamental right to justice of the advocate and thus his client.
CPDR-TN considers the issuance of search warrant on a court office without any restraints for safeguarding his legal professions and practices guaranteed by Bar Council of India rules and Indian Republican Constitution suffers from lack of application of mind.
CPDR-TN condemns the branding and arresting of any Advocates defending the accused under UAPA and insists that courts should regard that no one is guilty until proved before law and provide complete protection for such advocates to ensure legal provisions.
CPDR-TN condemns the highhandedness of Tamilnadu State police in arresting Advocate Murugan and implicating him in the same case as the client he is defending as per the legal provisions.
CPDR-TN insists that Advocate Murugan should be released immediately, unconditionally and all cases foisted upon him be withdrawn and return all the case files and documents taken forthwith.
- Gopal, General Secretary, Committee for Protection of Democratic Rights – Tamil Nadu, (CPDR-TN)
Co-Written by Navaneeth & Shini J K
“If you resist, you will disappear
if you step aside, you will be ruined
are part of the game
There is only one way from hereon
Just come quietly
partake in all of this
You will thrive”
This is an excerpt from one of Perumal murugan’s recent poetry collection named “A Coward’s Song” written during his literary exile after being hounded by fascist hindutva and casteist forces a year and a half back. Perumal murugan happens to belong to a series of other writers, public intellectuals and activists who have been targeted over the past 24 months by right wing fringe elements. Dhabolkar, Pansare and Kalburgi were there before Perumal Murugan!
More recently, the series of incidents that have happened in Kerala is highly alarming about the times we live in. There have been a series of arrests in Kerala under the current CPM Government on the allegations of disrespecting national anthem, supporting the Maoists and on suspicions of Maoist links following the shocking Nilambur fake encounter killing.
Ajitha and KuppuDevaraj were murdered in the Nilambur forest by the thunderbolt under the same CPM Government.
“We cannot allow the republic killing its own children, We hope there will be an answer. There will be a good and convincing answer.”
– 14 January 2011, SC Division Bench of justices Aftab Alam and R M Lodha on the fake encounter killing of Comrade Azad and Hemchandra Pandey.)
Many among the people who are now being targeted are under the threat of UAPA and Sedition charges when the very existence of these draconian laws are against the constitution and fundamental rights, in principle.
Rajeesh Kollakkandi, a human rights activist from Kerala and a member of Janakeeya Manushyaavakaasha Prasthaanam, got suspended from the service for helping the families of the Maoists attacked by the state. The charges on him are violation of code of conduct and he has been charged under UAPA.
(Mere membership of banned organizations cannot be grounds for incarceration, nor can speaking, writing or singing about socio-economic injustices be criminalised. – Bombay high Court in 2013, while granting bail for 4 members of Kabir Kala Manch)
Half a dozen people have been picked up by the police from theatre during the International Film Festival of Kerala for refusing to stand up for the National Anthem. Following this, well known Malayalam Film Maker and this year’s festival director Kamal was targeted by Yuva Morcha for being a Muslim, though he has always refused to live with a Muslim Identity.
The CPM which has now become the self proclaimed vanguards of the nation from Jingoistic Nationalism is no different from the BJP in power and other supporting right wing outfits in its fascistic tendencies. Anything that is forced can only be a mockery and people have all the right to not to conform to the ideas which they don’t believe in. A country, which has failed to address the oppressed identities including Dalits, Adivasis, Muslims, Kashmiris, people from the north-east, sexual and linguistic minorities cannot all of a sudden demand everyone to stand up for its National Anthem.
Within a few days, Malayalam writer, theatre artist Kamal C Chavara has been picked up by the police on the complaint filed by the Yuva Morcha o the allegations of disrespecting national anthem in his novel “Smashaanangalude Nottupusthakam. A young activist Nadeer, who visited Kamal in hospital was then picked up, under suspicions of Maoists links, while him being a strong critic of Maoist ideology. Both their releases could happen because of the pressure built by their supporters. Nadeer’s house was still raided following his release.
Sudeep and Shafeek, two activists from Kerala have charges on them for supporting the accused. It is our right to question and critique the state and the judiciary when they go against the will, fundamental rights and well being of its people. The state always has possessed this classical tendency to criminalise the dissent, but recently, with BJP coming into power with the support of other right wing outfits and corporate giants, the socio-political situation has reached its worst. Similar instances have been repeating in Kerala under the CPM Government. And, to add on to this, it is important to remember that feudal, brahmanical and fascist tendencies of CPM, the so-called left, is not very new.
Few days back, five students from Maharajas College, Ernakulam have been arrested for writing on the walls. The lines which they chose are actually from a poem by well known Malayalam Poet Kureeppuzha Sreekumar. The students are released but still have charges on them on the principal’s complaint. We all started our fights writing posters and writing on the walls. When they criminalise the dissent, it’s high time to reclaim our spaces.
We have lost Rohit and Najeeb under the fascist regime. We can’t afford to loose more. There are more people who are inside and outside the jail with the charges of UAPA and sedition. Abdul Nazer Mahadani, Sakkariya, Thasleem, Shanto Lal, Ismail Hamza, Kannampilly Murali, M N Ravunni, Sabu, Gauri, Chathu, Ajithan, Arun, Anoop, Thushar Nirmal Sarathy, Jaison C Cooper, and the list never ends. Some are in Jail for years though there is not enough evidence against the allegations made against them.
The state has been using the draconian laws like UAPA and AFSPA for years against it’s own people to oppress the voice of dissent. These laws, while going against the fundamental rights, provide the state a chance to target people who raise their voice, without even going “extra judicial”. We have examples like Dr G N Saibaba, Kabir Kala Manch, Arun Ferreira and Koba Gandhi in the past. The state has been using the law as tools to prevent the struggles of the oppressed and the marginalised. This is high time we unite and stand against all the draconian laws and demand justice for the political prisoners all across the country.
Whatever manifests in the society through police-raj is a sign of having a corporate-fascist, right-wing state in power, both at the centre and the state.
We conclude with what Albert Camus once said, “The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion.” Love and Solidarity to the people who have been attacked and targeted by the state for raising their voices.
We Shall Fight,
We Shall Win.
Clearly rattled by the mounting body of evidence of blatant violations of the rule of law and Constitutional rights under the cover of anti-Maoist operations, the Bastar police has launched a no-holds-barred attempt to silence all those who are calling them to account.
Advocate Shalini Gera and her colleagues of JagLAG who were in Jagdalpur in connection with a case of false encounter of a young Adivasi boy (1), were confronted on the night of 27 December by a police team which entered the dharamshala where they were staying and accused them of trying to exchange demonetised notes on behalf of the Maoists. Despite the fact that they were following up on an order by the Chhattisgarh HC for exhumation and a second post-mortem in the case and their accommodation had been arranged by the office of the Divisional Commissioner, Adv Shalini and her colleagues were ordered to come to the police station for interrogation. Attempts were also made to forcibly search their rooms and belongings. When asked to produce a warrant, the SI in charge of the team became even more aggressive and abusive. It took a personal call from the Divisional Commissioner to the SI to force the police to back off.
A day later when she was back at her office in Bilaspur,Adv Shalini received a call on her mobile from the SP Bastar, Shri RN Dash. Shri Dash was calling from a private number which was later identified as belonging to one Farukh Ali, a member of AGNI, a vigilante group that enjoys the patronage of the Bastar police.
Speaking in an aggressive and offensive manner, Shri Dash insisted that he had received complaints accusing Adv Shalini of being a Maoist agent, inciting villagers against getting Aadhar cards, changing old currency notes for the Maoists, spreading stories about police atrocities and other such random allegations. Shri Dash asked Adv Shalini to come to Bastar for further “interrogation”, to which she replied that she would not respond to intimidation and would answer questions only if due process was followed.
When Adv Shalini called back on Shri Dash’s official number to confirm if he was indeed the person who had just threatened her, he at first refused to admit that he knew who she was but soon lost his temper again, confirmed that he had called her, reiterated his claim that there were complaints against her and told her not to “waste his time” by calling him. Within a few hours after this conversation, copies of the complaint and allegations against her were being circulated on social media by Farrukh Ali, proving – if proof were needed – the close nexus between the police and these violent so-called “independent civil society groups”.
It will be remembered that earlier this year, the Bastar police unleashed a campaign of threats and intimidation against local activists, media persons, human rights lawyers and others who were investigating and exposing the systematic violations of human rights, particularly sexual violence against Adivasi women by police and auxiliary forces engaged in anti-Maoist operations. In response to complaints from WSS and wide coverage in national newspapers, the National Human Rights Commission took cognisance the issue and fielded an investigation team in March 2016. The Chhattisgarh government has yet to respond to the report of this investigation.
Meanwhile, the Bastar police under the command of Inspector-General SRP Kalluri has continued its attacks on human rights defenders, activists and journalists, brazenly flaunting its disregard for human rights and the rule of law. IG Kalluri has publicly opposed the Supreme Court judgement in the Salwa Judum case, and has orchestrated the formation of vigilante groups like AGNI that provide platforms for erstwhile Judum leaders to continue their violent activities. Shri Kalluri reacted to his indictment by the CBI in the Tadmetla atrocity, where police fired on unarmed Adivasis and set an entire village on fire, by attacking Prof Nandini Sundar, the petitioner in the Salwa Judum case, and attempting to implicate her in the murder of a member of an anti-Maoist village-level vigilante squad.
The attack on Adv Shalini and her colleagues follows closely on the arrest of seven members of a fact-finding team from the Telengana Democratic Forum who were on their way to Bastar were summarily arrested, accused of exchanging demonetised notes for Maoists and charged under the draconian provisions of the Chattisgarh Public Security Act. The arrested persons include senior human rights lawyers, Dalit rights activists and student leaders.
These patently illegal and outrageeous attempts to subdue and silence human rights defenders are a signal of the growing desperation of the Bastar police which has now been completely exposed as a rogue force that has perpetrated a reign of terror in Bastar, turning it into a war zone. Out of the 185 deaths by police firing during anti-Maoist operations in the country during this year, 134 have been in Bastar. In the majority of these cases, independent fact-finding teams have found these to be cold-blooded killings of unarmed people, giving the lie to police claims that they fired in self-defence or that villagers were caught in cross-fire. It is this blood-soaked reality that the Bastar police are trying to cover up through their blind vendetta against human rights defenders
The NHRC has taken suo motu cognisance of the deteriorating situation in Bastar, and has summoned the Chief Secretary of Chhattisgarh and IG Kalluri to explain the continuing attacks on human rights defenders, journalists, lawyers and local activists under their watch. Having ducked a previous summons by pleading ill-health, Shri Kalluri is now due to appear before the NHRC on 16 January 2017.
We appeal to all democratic and peace-loving individuals and groups to come together to condemn and resist these shameless attempts to silence dissenting voices and undermine the Constitution, the Supreme Court, the NHRC and other institutions of democratic governance in Bastar.
1 WP Cr. 372/2016 (CG High Court) Kumma Pottam and Anr vs. State of Chhattisgarh and Ors
Prevention Of Custodial Torture: SC Appoints Sr Adv. Collin Gonsalves As Amicus Curiae
PIL – Land Mafia , Judges & RTI Activist Murder
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
Honourable Chief Secretary , Government of Karnataka & Others
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.
3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.
4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.
5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.
6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.
7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.
8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.
9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.
10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.
11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.
- Now Karnataka High Court has given green signal to “AKRAMA SAKRAMA” scheme of government of Karnataka , therby HC Judges are favoring land mafia , criminals.
- It is the duty of the government , Police & Court to give protection to journalists , whistle blowers , RTI Activists who are unearthing truths , crimes. But all of them have failed in their duties to protect RTI Activist Mr.Srinath of Mysuru who was brutally murdered.
14. Recently Karnataka high court gave clearance to Karnataka government’s regularization of illegal buildings ( AKRAMA SAKRAMA ) scheme.
- Law is one & same for all.
- Government authorities , police razes down , demolishes small temporary hutments built by tribals , dalits without mercy , takes suo motto action. No court comes to their rescue.
- Till date bagar hukum lands are not given to dalits , tribals are not given land rights over their huts in forests. Is Cout blind , deaf ?
- However when rich crooks build bungalows , commercial complexes illegally , no suo motto action taken by government authorizes , police , why ? Courts go a step further it gives stay orders against demolition of rich crook’s illegal buildings , asks government to modify plan , law itself to save illegal buildings of rich crooks.
- Does Karnataka HC has details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves with respective after affects on neighbouring buildings , road traffic , ecology , etc and contingency plan by authorities to overcome those after affects casewise backed by technical studies. Make it public.
- What criminal action initiated against revenue , police & other officials who failed in their duties at the first instance to stop the illegal building construction.
- Small houses of poor people who have smaller building violations but who failed to bribe officials were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them as the court is now saying they are legal now.
- Government & HC has given a cut off date for consideration of regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal after that date ?
- What guarantee HC gives no illegal buildings has come up after cut off date and will never come in future ?
- If comes what criminal action against the concerned officials ?
Bottomline : Judges open your eyes , listen , think & then act.
Question(s) of Law:
Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?
Is it NOT the duty of Police , Court & Government to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists and their family ?
Why they failed to protect the life of Mysuru RTI Activist Mr. Srinath ?
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds and related crimes.
Covering up Land Frauds & Land Mafia . Please read details at :
Karnataka High Court Judges favoring Land Mafia
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties , to answer the following RTI questions , to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members and to annul Karnataka High Court order legalizing illegal buildings in Karnataka.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions raised above.
- Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to answer the following RTI questions.
- Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists & their family members and to pay compensation of minimum five crore rupees to victim’s family from public exchequer. Afterwards the property , money of alleged criminals & their family members must be seized , money recovered by the public exchequer / government.
- Hereby , I do request the honorable supreme court of India for orders to government of Karnataka to apprehend , legally prosecute the criminals involved in the recent murder of RTI Activist Mr. Srinath in Mysuru , to pay compensation of five crore rupees from public exchequer to the family of deceased and to seize all properties of alleged criminals.
- Hereby , I do request the honorable supreme court of India for orders to annul Karnataka High Court order legalizing illegal buildings in Karnataka and to order all Karnataka High Court Judges to make public their & their family member’s full property , wealth details on sworn affidavit.
- Hereby , I do request the honorable supreme court of India for orders to government of Karnataka officials , Revenue department officials , MUDA , BDA officials to make public their & their family members full property , wealth details on sworn affidavit within 90 days.
g . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Kindly read full details at following web page :
Karnataka High Court Judges favoring Land Mafia
Dated : 01st January 2017 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Name : ………………………NAGARAJA.M.R.
Address : ……………….LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA
Professional / Trade Title : S.O.S – e – Voice For Justice
Periodicity : WEEKLY
Circulation : FOR FREE DISTRIBUTION ON WEB
Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .
Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.
Owner/editor/printer/publisher : NAGARAJA.M.R.
Nationality : INDIAN
Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.
Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.
Home page :
UID Aadhaar No : 5703 5339 3479
Cell : 91 8970318202
It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
Public Interest Litigation is an appeal for justice to the courts , to redress the injustices meted out to the public. Individual cases of injustices pertaining to an individual are not covered under PIL, however an individual an activist who is fighting for public causes suffering injustices as a result of his struggle ,caused by powers that be to silence him can club his individual case under the public causes (PIL ) he is appealing.
Nowadays people of questionable character , integrity are being selected to public posts , end result is present day india. In the following web sites I have shown few actual cases of crimes by judges & police , just imagine what type of justice common man gets.
Traitors in Indian Judiciary & Police
Crimes by Khaki
Police show full bravery , courage , use full might of law while acting against innocents , commoners. Even takes suo motto action. Frequently crosses legal limits while acting against commoners like 3rd degree torture , arrest / search , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues no suo motto action , delayed action inspite of complaint allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?
Judges show their full wisdom , apply rigid law book while judging cases of commoners , take suo motto action where as cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
Powers that be , higher ups have referred all my previous cases to police although in most of the cases police don’t have jurisdiction over it. It sends a subtle message by police force to the complainant to keep silent . In the remaining cases which are under their jurisdiction police don’t act against higher ups , high & mighty. In such cases police lack practical powers , their hands are tied although they are honest. As a end result , police have repeatedly called me to police station number of times ( have never called guilty influential persons even once) took statement from me and closed the files.
Hereby , I do make it clear the statements made by me in my original petitions , PILs , news papers , etc while I was in a free & fair atmosphere are TRUE , over rides , prevails over all the statements made by me before police earlier and which will be made by me in future before police.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.
date : 01.01..2017…………………………..Your’s sincerely,
place : India……………………………………Nagaraja.M.R.
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,HUDCO FIRST STAGE ,
OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA
Cell : 91 8970318202
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