Indian’s Diary – e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.13..Issue.41….….14 / 10 / 2017
Death Penalty to Innocents
PIL – Death Penalty
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
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 Justice of India & 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.
We have utmost heartfelt respects to honest few in judiciary , police & public service. We SALUTE them. Our effort here is to bring errant judges , police & public servants to book.
Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is honesty & integrity of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police are inside enemies , traitors and cause more damage to national security than terrorists , naxalites or enemy armies. Which court dares to hang such corrupt judges , corrupt police ?
- Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding , abetting terror don’t deserve humane treatment. One among those terrorists yakub memmon responsible for Bombay bomb blast rightly deserved death sentence.
- Dhananjay chatterjee killed an innocent little girl. He too rightly deserved death sentence.
Law Regarding death sentence is right , problem lies in it’s interpretation & enforcement . some of our corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement / match fixing is done. Read full details with actual cases …… A – Z of Manipulation of Indian Legal System
There is every possibility of innocent persons belonging to weaker , vulnerable sections of society , who cann’t defend themselves getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges are NOT Gods. That is why , Judges please don’t play GOD. Please go through following actual cases fit for death sentences , but with biased view & under the patronage of powers that be escaped gallows.
- Question(s) of Law:
Why death sentence to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
Requests for right , unbiased prosecution , equitable justice for all.
A. What action against dawood Ibrahim & tiger memmon ? what action against ministers , police , film personalities who have ties with dawood & attended parties hosted by dawood @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals ? biased law enforcement.
- Why not death sentence to those responsible for burning Sabarmati express train passengers ? biased law enforcement.
- Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath state government appealed to higher court seeking death sentence to perpetrators of godhra riots ? biased law enforcement.
- Why not death sentence to those responsible for murdering RTI activists , whistle blowers ? biased law enforcement.
- Why not death sentence to those responsible for murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
- Why not death sentence to those responsible for Bombay riots prior to Bombay bomb blasts ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
- Why not death sentence to those responsible for sikh massacre in delhi after assassination of PM Indira Gandhi ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
- Why not death sentence to both master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
- Why not death sentence to STF police personnel who ran a place called “workshop” in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan applied very cruel, inhuman 3rddegree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
- Why not death sentence to police officials responsible for cold blooded murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary, https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
- Why not government pay compensation to civilian victims of terrorist acts , riots ? why don’t government pay appropriate respect , recognition , compensation to police , security , military personnel who lay down their lives in the line of duty guarding our motherland & our brethren ?
- Why lenient punishment to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
- Why no action against corrupt , criminal judges & police who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby protecting the crimianls ? biased law enforcement. Read NOTICE TO CJI http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India, https://sites.google.com/site/eclarionofdalit/pil—notice-to-cji
- Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids SALWA JUDUM a counter terrorist , anti naxalite outfit which is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government aided tamil terrorists in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists in east Pakistan , ultimately creating Pakistan ? all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives. Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of interfering in other’s affairs resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing aid to terrorists ? biased law enforcement.
- Late Mr.Warren Anderson was in control of Bhopal United Carbide plant , through internal safety checks & 3rdparty audits he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However ministers , government officials of both state & central governments without orders , permission from the court illegally got him out of jail arranged a special car , special aeroplane for the culprit to escape from law. Years afterwards , a CJI of supreme court of india diluted the man slaughter charges against Mr.Anderson. Why no death sentence to Anderson responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.
In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.
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 questions.
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 , common men & see how careless 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 in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c . to abolish death penalty or to give choice of death to convicts.
d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Why the Death Penalty should be abolished
The risk of executing innocent people exists in any justice system
There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.
The arbitrary application of the death penalty can never be ruled out
The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.
The death penalty is incompatible with human rights and human dignity
The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
The death penalty does not deter crime effectively
The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.
Public opinion is not a major stumbling block for abolition
Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.
It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.
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