INDIAN JUDGES UNDER RTI ACT

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

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.4…issue.21……24/05/2008

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Editorial : AN APPEAL TO HONOURABLE CENTRAL INFORMATION COMMISSIONER , NEW DELHI & STATE INFOR MATION COMMISSIONER , BANGALORE.

We at e-voice of human rights watch has requested for following information ( ANSWERS TO THE FOLLOWING QUESTIONS ) from honourable supreme court of India , union home ministry & director general of police for Karnataka , as per RTI Act . All the three have  failed to provide complete truthful information to us.  Hereby , we do once again request you to order the said three – supreme court of India , union home ministry GOI & DGP of Karnataka , to comply with RTI Act & to provide the full information to us at the earliest. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

CROSS-EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA , UNION HOME MINISTER & DGP OF KARNATAKA

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 ? ( new addition )

Q7.  If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?

Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?

Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?

Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?

Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?

Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?

Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?

Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?

Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?

Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank  , misused public money through one of their NGO. Is it true ?

Q17.has GOI funded any terrorist outfits in india or abroad ?

Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI  funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI  has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?

Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?

Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?

Q21.in india, TADA , POTA is being  rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people  with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?

Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?

Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?

Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate  selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in  dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing ?

Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?

Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?

Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?

Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?

Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?

Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?

Q31. Why no action , reply regarding the complaint till date ?

Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?

Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?

Q34. What is the time limit for home ministry to give sanction for the prosecution of  tainted constitutional functionaries ?

Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?

Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?

Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?

Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?

Q39. How many MP , MLA ,       other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?

Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?

Q41. In india , how many MPs , MLAs  , MLCs are of foreign origin or have a 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.Mrajiv 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 , 3rd degree 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 dated 19/11/2003 & collected application fees from the candidates. Till may 2007 , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

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 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

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 , 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 ? ( new addition )

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 ? ( new addition )

Q134. in how many cases GOI & other state government continued with the  prosecution AGAINST OUR FREEDOM FIGHTERS ? why ? ( new addition )

Q135. what about cases against shri.netaji subash Chandra bose ? ( new addition )

Q136. has  GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ?  if yes , why , whom ? ( new addition )

Q137. some of the police officers drink alchoholic drinks while on duty , how do you ensure the rightness of their actions when they are drunk ? ( NEW ADDITION )

Q138. some of the arrested persons are produced by police at odd hours , in the residences of judicial magistrates . if the magistrate  has taken alchoholic  drinks after office hours , how the rightness of his decision can be ensured ? ( NEW ADDITION )

Failure of RTI Act in India

–        In the clutches of corrupt public servants mafia

In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.

The corruption has spread it’s  tentacles  far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.

The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?

In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?

The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc.  the rich criminals buy out  government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.

When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information  will be detrimental to themselves  & will be  taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.

The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.

Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers  are the paymasters of all public servants.

We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.

In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.

Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ?

Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?

In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ?

FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER’S EXPENSE

New Delhi: CNN-IBN’s exclusive report on some judges using official trips to holiday, has sparked off the debate – should judges be above the purview of the Right to Information (RTI) Act?

RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well.

Questions are now being asked in South Block, too, following the expose on Supreme Court judges.

Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad.

At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction.

“I think the judges must pay or should pay the amount to the government,” Bar Council of India Chairman SNP Sinha said in Patna on Wednesday.

Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan’s 11-day trip to Pretoria, South Africa in August 2007 the route was – Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg, Victoria Falls, where the judge finally didn’t go and back to Delhi via Dubai.

Former chief justice YK Sabharwal attended three conferences in 2005 to Edinburgh, Washington and Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days converted into a private visit.

The travel plan included a detour from Washington to Baltimore, Orlando and Atlanta, before rejoining the conference route in Paris.

The First Class air fare for Sabharwal’s entire trip was paid by the government.

Activists are now renewing the debate on the RTI act applying to judges as well

RTI activist Arvind Kejriwal said: “It only underscores why the RTI needs to be applied to judges and judiciary.”

Just like Caesar’s wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable.

An appeal to honourable chief minister of uttar Pradesh india

Dear madam / sir ,

INDIA: The work of PVCHR, a human rights organisation, must be protected

Name of victim: The People’s Vigilance Committee on Human Rights (PVCHR), SA 4/2A, Daulatpur, Varanasi, Uttar Pradesh, its staff and the Dalit families (about 2000 in number, primarily in three separate hamlets Belwa, Pindra and Raup)
Date of incident: 25 April, 2008 and continuously thereon

I am writing to express my concern regarding the case of threats received by the People’s Vigilance Committee on Human Rights (PVCHR) from the criminals associated with the upper caste Hindus and feudal lords in Uttar Pradesh. I am informed that Dr. Lenin, the Convener of the PVCHR, has been receiving abusive and life threatening calls on his mobile number +919935599333 since 25 April 2008 asking him to stop all activities of the PVCHR addressing issues concerning the Dalits in Uttar Pradesh.

I am informed that of the calls received by Dr. Lenin, the last one was from a notorious mafia man operating in Uttar Pradesh who ordered PVCHR to immediately stop all its activities involving Dalits in Raup, Pinda and Belwa Dalit hamlets or else the staff of the PVCHR along with the Dalit families residing in these hamlets would be hurt and their houses burned.

I am informed that the calls are a reflection of the PVCHR’s success in mobilising and empowering the Dalits in the state. I am also informed that the Uttar Pradesh state administration unfortunately is finding the PVCHR’s work as a slur or trouble to the state’s public image.

It is reported that Dr. Lenin has received 18 calls from the following numbers +919918086996, +919415158550, +919794207227, +919454592038, +919792166784, +919792317547, +919453982577, +919956198171, +919838709973, +919889028806, +919792625583, +919795067828, +919838709937, +919792308119, +919793181915 and +919335985425, +919956816351 and +919919784317 on 25/4/08, 30/4/08, 11/5/2008, 15/5/08, 16/5/08, 17/5/08 and 18/5/08 respectively.

All these numbers are registered in India. On 26 April 2008 after the first call Dr. Lenin has registered a complaint, send through registered post, to the Director General of Police, Lucknow, Uttar Pradesh informing the officer about the call that he received and urging the officer to take necessary action upon the complaint.

I am informed that the telephone number to which these calls are made (+91993559933) is being monitored by the state government agencies. However, the uninterrupted manner in which the calls continued indicates that the state police have not taken the complaint lodged by Dr. Lenin seriously.

I am further informed that Dr. Lenin has communicated to the AHRC that the latest of the calls that he received from the number +919919784317 is one of the numbers used by a dangerous mafia person operating in Uttar Pradesh. The very fact and knowledge that such persons are involved in this matter is good enough for anybody in the state to stop all their activities.

It appears that the state administration through its passive stance of failing to provide adequate protection to the PVCHR and its activists is in fact expecting the upper caste Hindus and feudal landlords in the state and their criminal henchmen to silence the PVCHR. Dr. Lenin believes that the calls though made to his personal mobile telephone are in fact a method of delivering a message to everyone associated with the PVCHR, cautioning them to stop working in Uttar Pradesh. This must not be allowed.

It is imperative in these circumstances that 24 hours police protection to be provided to the Dalit hamlets in Pindra, Belwa and Raup in and around Varanasi so as to ensure that the Dalit families in these villages are safe from the criminals who have threatened the PVCHR from working in these villages. It is also necessary for the state police to immediately discuss these issues with the PVCHR and its staff, to ensure that none of the staff as well as the people for whom the PVCHR work is hurt by the criminals.

The state administration must immediately take these steps as otherwise irreparable damages will be caused to not only a well functioning human rights group in Uttar Pradesh and its staff, but also to the Dalits residing in Dalit hamlets in and around Varanasi.

I am also informed that the AHRC is also writing to the UN Special Rapporteur on Human Rights Defenders calling for an immediate intervention in this case.

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF GUJARATH INDIA

Dear madam / Sir ,

INDIA: Please strictly punish the public servants practicing “untouchability” in Gujarat

Name of victim:
Mr. Natu Dhya (Dalit community, Scheduled Caste), age 48, a resident of Marida village, Nadiayad Block, Kheda district, Gujarat
Names of alleged perpetrators:
1. Mr. Vinu Shana Chauhan, the village head of same village as the victim, a resident of Thakor community (Other Backward Class; OBC)
2. Mr. Mangal Chauhan, Village revenue officer for same village as the victim, a resident of Thakor community (OBC)
3. Mr. Mahesh Ranchhod Chauhan, a resident of Thakor community (OBC) in Marida village
4. Mr. Nanji Dipa Chauhan, a resident of Thakor community (OBC) in Marida village
(Persons 3 and 4 attended on the village council meeting in the place of their wives who are the actual village council members)
5. Mr. A. S. Sayyed, Police Sub Inspector, Nadiayad Police Station, Kheda district, Gujarat
6. Mr. Sethi Punjabi, Judge, Fast Rack Court, Nadiayad, Kheda district, Gujarat
Date of incident: since January 2007
Place of incident: Marida village, under the jurisdiction of Nadiad Police Station, Nadiad Block, Kheda district, Gujarat

I am writing to express my concern regarding the caste based discrimination against a village panchayat (village council) member who belongs to Dalit community.

I am surprised to learn that the untouchability actually practices in public field by public servants in India.

I am informed that Mr. Natu Dahya was refused to sit on a chair and was separately served with snack during village panchayat meeting since he was elected as a member of village panchayat in January 2007.

The village head Mr. Vinu Shana Chauhan, the Village revenue officer Mr. Mangal Chauhan, and Mr. Mahesh Ranchhod Chauhan and Mr. Nanji Dipa Chauhan who attended on the village panchayat meeting in the place of their wives who are the actual village panchayat members, took the chair away from Natu during the panchayat meeting. They also made Natu wash the chair saying “when you sit on a chair, the chair becomes “untouchable”.

After the first panchayat meeting, Natu tried to file a complaint against these four persons including two public servants, but the Police Sub-Inspector (PSI) of Nadiad Police Station refused to register his complaint. It was alleged that PSI was pressured by local Member of Legislative Assembly Mr. Natvarsinh Chauhan who has ties with the dominant caste community in Marida village.

Half a year later, on 7 July 2007, the complaint was lodged with Nadiad Police Station, which resulted from Natu’s long struggle. The police in the FIR against the accused failed to mention the Section 3(2)(vii) (“being a public servant, commits any offence under this section shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.”), providing space to reduce the gravity of the accused’s crimes.

Meanwhile, Mahesh Ranchhod and Nanji Dipa repeatedly pressured Natu to withdraw the complaint threatening to break Natu’s leg and kill him.

I am further surprised to learn that the caste based discrimination against the victim continued even in court. On 11 January 2008, Natu’s case was tried in the Fast Track Court of Nadiad. While the victim was giving his statement under oath in court, the Sessions Judge Sethi Punjabi advised the victim not to take the entire situation the victim faced during the village panchayat meeting as discrimination. The judge added that the entire situation is normal in the country.

It is reported that the judge said the following to the victim during the trial:

“I am a Punjabi by caste. Even if someone called me ‘Shikh’ instead of ‘Punjabi’, I would not consider it as an abuse.”

“It is normal… normal in the country. I also feel so. Why did you file a complaint? In my chamber, I used to have two sets of paper plates to offer snacks. I offer different plates to different people. In doing so, nothing is illegal and there are not any forms of discrimination. It is a personal choice. You should not take it as discrimination.”

“When I was in Junagadh district posted at Junagadh Court, I took a cigarette only when it was offered by a Patel (upper caste). I did not take cigarettes offered by other low castes.”

The judge’s biased attitude prevented the victim from giving an appropriate statement in court. On 15 January 2008, the victim submitted a complaint against Sessions Judge Sethi Punjabi to District Judge R.M. Parmar; the Chief Justice of Gujarat High Court; the Chief Justice of the Supreme Court; and the Chairperson of the National Human Rights Commission of India. The victim, however, has not received any response from the authorities about his complaint against the Sessions judge.

I am informed that the accused village head was reinstated by State government after his appeal regarding suspension on him and the accused Village revenue officer is suspended at present. The case is still pending in court.

I am aware that the International Convention on Elimination of All Forms of Racial Discrimination and its General Recommendation recommend immediate and effective measures, particularly in the fields of teaching, education, culture and information, in order to combat prejudices (Article 7) and further to organise training programmes for public officials and law-enforcement agencies, with a view towards preventing injustices based on prejudice against descent-based communities.

I therefore, urge you to make an intervention to punish the four accused strictly in accordance with the law of India. For the legitimate punishment for the accused, I urge you to ensure the impartial and objective trial by the judge who is not caste-biased.

I also urge you to intervene to take immediate investigation on the process of filing complaint in order to punish the relevant persons.

Most of all, I urge you to make an alarm regarding “untouchability” and caste based discrimination in public field by public servants in India. Without elimination of discrimination in public sphere by public servant, Indian society will never bring equality and justice before law as the public servant is one of the opinion leaders in a society.

Your’s sincerely,

NAGARAJ.M.R.

India: Concern over the arrest of filmmaker and human rights defender T.G. Ajay in Chhattisgarh

Amnesty International is concerned over the apparently arbitrary arrest of T. G. Ajay, a film-maker and human rights defender who has been documenting problems faced by adivasi (indigenous) communities in protecting their rights, in the central Indian state of Chhattisgarh.

Ajay is the second human rights defender to be arrested under the Chhattisgarh State Public Security Act, 2005 (CSPSA), in the state. He is a member of the state executive committee of the People’s Union of Civil Liberties (PUCL).

Ajay is being held in Raipur jail, where Dr. Binayak Sen, general secretary of the state PUCL and a physician working on access to health for adivasis, today completed one year of imprisonment. Dr. Sen now faces a trial on charges of aiding a banned Maoist organisation, the Communist Party of India (Maoist). 1

On 5 May, Ajay was arrested at his residence at Superla in Bhilai and charged at the Bilaspur High Court under Section 124A of the Indian Penal Code (sedition) and Sections 3, 4 and 8 of the CSPSA.

Amnesty International has reason to believe that the charges against Ajay are politically motivated. Ajay has been actively engaged, since 2004, in documentation of human rights violations as part of the PUCL’s ongoing efforts to protect the rights of adivasi communitiesin the face of escalating violence in the Bastar-Dantewada area of Chattisgarh between banned Maoists and Salwa Judum, an armed anti-Maoist militia campaign widely regarded as supported by the state government. The PUCL has been instrumental in bringing to light unlawful killings of adivasis, sexual assault of adivasi women, abductions and forced displacement.

On 22 January 2008, following the arrest of a woman Maoist in Bastar-Dantewada, the Chhattisgarh police searched Ajay’s residence and seized his computer hard disk. On 26 March, Ajay filed a petition in the High Court seeking its return.

Amnesty International calls on the Union and Chattisgarh governments

· to ensure Ajay’s prompt and fair trial in accordance with international standards of fairness.

· to take concrete measures to ensure that human rights defenders in Chhattisgarh are not subject to harassment or intimidation and enjoy all the rights enshrined in international law.

Background

Since 2005, Chhattisgarh, especially the Bastar-Dantewada forest area, has experienced an escalation of violence between the Maoists and the Salwa Judum. Civilians have been routinely targeted on both sides, resulting in at least 300 deaths. Also, 30,000 adivasis displaced from their homes continue to live in special camps where they face increased risk of violence. The Chhattisgarh state government claimed that it enacted the CSPSA to take action against the Maoists.

The CSPSA allows for arbitrary detention of persons suspected of belonging to an unlawful organization or participating in its activities or giving protection to any member of such an organization.

Human rights organizations in India have demanded the repeal of CSPSA as it contains several provisions which violate international human rights law:

· Vague and sweeping definitions of “unlawful activities” for which organizations may be rendered “unlawful”, such as “uttering words… which propounds the disobedience” of “established law and its institutions”. Such definitions enable the government to arrest and detain individuals, as well as seek their punishment, on grounds that may not be clear to them, in violation of the principle of certainty in criminal law, reflected in Article 15 of the International Covenant on Civil and Political Rights, to which India is a state party;

· Threats, as a result, to other key human rights including freedom of expression and association, provided in Articles 19 and 22 of the ICCPR, respectively;

· All offences under the CSPSA are “cognizant and non-bailable”; hence all those charged under the Act are detained, often for months, before being tried. In Dr. Sen’s case, he was detained on 14 May 2007, his trial commenced on 30 April 2008 and is currently adjourned till 23 June 2008.

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Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE ………. 570017 INDIA……………………cell :09341820313
home page : http://groups.yahoo.com/group/naghrw, http://groups.google.co.in/group/hrwepaper/,
https://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/ ,http://hrwpaper.blogspot.com/ ,  http://naghrw.tripod.com/evoice/
http://e-voiceofhumanrightswatch.blogspot.com,
contact :
naghrw@yahoo.com , nagarajhrw@hotmail.com
A member of AMNESTY INTERNATIONAL INDIA

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