corrupt police corrupt judges deadlier than terrorists

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

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R....vol.4 . issue.50......13/12/2008

TO PROTECT HUMAN RIGHTS OF INNOCENTS VISIT ,http://www.amnesty.org

Editorial ; NSG COMMONDOS CORRUPT PUBLIC SERVANTS ARE FIT TO BE ELIMINATED BY YOU - QUESTIONS PUBLIC SERVANTS ARE AFRAID TO ANSWER

The corruption in India is the main cause for raise & growth of

terrorism , separatist movements , naxal movements , under world  in

India. The tentacles of corruption has spread far & wide ,

criminalization of police , politics , judiciary has taken place.

The police , judges , public servants , etc  question the accussed

persons , to ascertain the root cause of crime or dispute, to know the

truth behind every actions. The police even apply 3rd degree torture

on commoners ( although it is illegal ) to elicit truth , information

about crimes. When the same public wants to know the truth  behind

crimes involving police , judges & public servants , and seeking truth

, answers , informations as per RTI ACT from police , judges & public

servants  , they are  not answering lest the truth come out. They are

citing one or the other technical reasons to hide information , to

hide truth about crimes , to shield the criminals. If any of the

following public servants truly stands for law , justice , truth , let

them answer for the following questions publicly through media

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF

INDIA -

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

  http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/

  , http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA  , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,

http://crimesatmudamysore.wordpress.com/ ,

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

The only thing corrupt public servants know is to neglect the

complaints of public , if somebody pursues with his complaint he is

silenced either by falsely fixing him up or by snatching his sources

of livelihood or by finishing him off. But , at the end of the day no

justice to common man. The corrupt public servant triumphs , injustice

triumphs.

CRIMES COMMITTED BY LAW COURTS IN INDIA

- An appeal to honourable supreme court of india

Indian prisons are meant to be reforming schools for the prisoners. By

the corrupt practices of the officials , the prisons have become

factories turning out  hardened criminals.

Say , a person was caught by police on  suspicion  of  pick-pocketing.

The police produce the accussed before the magistrate , in turn he

remands him for judicial custody. Let us consider , The punishment for

this offence pick-pocketing as per law is 6 months imprisonment.

However the case drags on for 3 years , finally the court finds him

guilty of offence & orders for 6 months imprisonment. Totally, the

offender serves 42 months imprisonment sentence in practice. In some

cases , the courts consider the time already spent by the accussed

behind the bars while giving judgement. In this example , even if the

offender is let free taking 6 months imprisonment sentence, the

offender has been given excess sentence of 36-6=30 months.

Taking the same example further, say the court finds  the accused as

innocent, not guilty of crime & lets him free. However , the poor chap

has suffered 36 months imprisonment for no fault of his.

As per law, no body not even the courts of law are legally empowered

to punish anybody  beyond the legal procedures , rules established. In

this way, due to delay in our legal system , faulty bail procedures ,

thousands of under-trials  are suffering in various prisons throught

India. Arew not the courts which remanded those accused to judicial

custody responsible for this illegal act of excessive punishment ?

what punishment should be given to those judges ?

The bail procedure in India , is also faulty without considering

quantum of offence & financial status of the accused. A person accused

of stealing rs.100 has to provide bail surety bond of rs.5000 or

personal surety by a wealthy  person / government servant. The poor

person having personal contacts , friendship with rich persons /

government servants is quite remote , so he can'nt secure bail on

personal bond. The poor chaps family is not rich enough to spend

rs.5000 surety amount. As a result, unable to secure bail the poor

chap suffers in jail for years.

Say, a rich industrialist is accused of  rs.20 crores tax evasion, he

is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin

karim lala telgi  has swindled government to the tune of thousands of

crores of rupees, only few cases are registered against him. That too

in one out of those cases involving rs.45 lakh worth stamp sale ,

judge has given him rigorous imprisonment plus a fine of rs.50000.

Considering the above examples it is quite clear the bail amount, fine

amount  are peanuts for the rich  just a fraction of quantum of their

crime , while for the poor it is huge many times more than the quantum

of their crime.. it is biased towards rich & mighty criminals. As a

result poor always suffers in jail, while rich are out on bail.

Even within prisons , the number of prisoners per sq.ft area , no of

doctors , hospital beds , medicines available, weight of food per day

given to prisoners , are all less & much below the statuotary limits.

The food , health care , living conditions of  prisoners ,

under-trials are worse than pigs. The prison authorities are utterly

corrupt, which has been brought into light again & again by the media.

If a poor prisoner questions the illegal acts of the officials , he is

subjected to 3rd degree torture , roughed up by rowdy prisoners on the

instigation of the officials themselves. Many poor prisoners are

suffering from  health problems , many are dying due to lack of proper

health care & food in the prisons.

Whereas , the rich & mighty prisoners , by paying bribe get non-veg  ,

alchoholic drinks from outside restaurants daily. They even secure

drugs  . they get spacious VIP rooms , television , mobile phones.

They easily get parole & easily gets admitted in outside hospitals &

roam free , while on record they are in-patients in hospitals.

The law of limitation which stipulates time limits for filing various

cases is also biased towards the government as a party & rich ,

mighty.  For the purposes of evidences , filing of cases one needs

various government records. The concerned officials don't provide

those records for years unless bribed & sit over the files for years.

Some times by making absurd , illogical file notings , rejects it

back. There is no time limit  for the performance of duties by public

servants. When a commoner don�t get relevant records , files ,

evidences in time , how can he file cases in time without those

records , evidences ?

Nowadays , numerous cases of irregularities , charges of corruption

against judges  are coming to light. However , in such cases  judges

are asked to resign from service but no criminal prosecution against

them is instituted , only in cases involving lower court judges it is

done. When a case of irregularity by a judge in a specific present

case comes , there are every possibility that in the past also he has

committed the same in cases handled by him which has not come to

light. In such instances , all the cases handled by that particular

judge through out  his career must be reviewed , but is not done why ?

does not it amount to cover-ups ?

In many cases the higher courts have turned down the verdicts of the

lower courts , let free the innocents , absolved innocents of charges

& annulled death sentences when appeals came before  them.  However ,

in all such cases , the lower court judges  must be punished for

giving out wrong judgements, meating out injustice to innocents. Here

a fact must be noted , only a fraction  of cases goes in appeal to

higher courts, as in majority of cases the  poor people lack the

financial might to make the appeal. The so-called  free legal services

authority pre-judges the cases before giving legal aid. As a result ,

many innocents poor people resign to their fates suffer injustice in

courts of law , undergo imprisonment punishment , some times even

death sentence. So , the urgent need of the hour is to incorporate

jury system or some outside monitoring system to review cases as &

when decided.

In many cases involving the rich & mighty like telgi , case

proceedings are conducted in-camera in judge's chambers or proceedings

are conducted through video conferencing . outside from public gaze.

The tapes are not made public  and the public cann't even ascertain

the validity of tapes , whether it is edited , doctored .

One of the basic reasons for delayed justice  &  worse prison

conditions in India , is low number of judges , police personnel ,

higher rate of case adjournments  and finally low amount of financial

grants made by the government  to judicial department / police

department. The government states that  it doesn't have enough money

to provide for judiciary & police. As a result, fundamental / human

rights of innocent commoners are thwarted. The state governments & GOI

,  is one of either parties in 75% of cases  before various courts in

India, it is the biggest litigant & is influencing the judiciary by

controlling the grants , recruitment to judiciary & by enticing some

with post-retirement postings.

The government has got money  to spend on lavish parties of VVIPs ,

IAS officers serving non-veg foods , alchoholic drinks . their foreign

jaunts , 5-star bungalows , limousines , interior decorations of their

bungalows, etc. which is of higher priority , importance , whether the

luxury of VVIPs or the fundamental / human rights of  commoners ? the

courts should answer. The courts have the legal powers to order

governments to provide enough financial grants to it , however it is

keeping mum , turning blinds eye to crimes of VVIP�s. the government

rewards such judges with salary hikes , promotions , luxury cars ,

bungalows , perks and post-retirement postings , sites at judicial

lay-out , yelahanka , Bangalore , etc.

We at  HRW has utmost respect for the judiciary , but hereby humbly

bringing the crimes of judiciary before the honest  few judges seeking

justice to the common folk.

APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.

ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,

EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS

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 3^rd degree torture on prisoners ?

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

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

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

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?

Q42. Does smt. Sonia Gandhi have citizenship of any other country ?

Q43. Did she occupy any public office while enjoying dual citizenship ?

Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?

Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?

Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?

Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?

Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?

Q49. What action by the government ?

Q50. How many Indians are in the custody of police / military in various foreign countries ?

Q51. How many foreigners are there in Indian prisons ?

Q52. How GOI is protecting the human rights of these prisoners ?

Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?

Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3^rd 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 , 3^rd 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 3^rd 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 3^rd 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. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.

Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.

Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?

Q92. how judiciary is monitoring food & medical care to prisoners ?

Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

Q98. what is the criteria adopted for promotion of judges ?

Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?

Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?

Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

Q103. are not these measures a failure , looking at present state of affairs of judiciary ?

Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?

Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?

Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

Q110. why numerous appeals for PIL by me , were not considered ?

Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?

Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?

Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?

Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?

Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

Q117. is the use of 3^rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?

Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages

http://groups.yahoo.com/group/naghrw/message/182 ,

http://groups.yahoo.com/group/naghrw/message/206 ,

http://groups.yahoo.com/group/naghrw/message/208 ,

http://groups.yahoo.com/group/naghrw/message/212 ,

http://groups.yahoo.com/group/naghrw/message/209 ,

http://groups.yahoo.com/group/naghrw

what are the status of those appeals ?

Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.

Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?

Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.

Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?

Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?

Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?

Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?

Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?

Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?

Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?

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

Q135. what about the status of cases against shri.netaji subash Chandra bose ?

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

Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?

Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?

Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?

Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?

Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?

Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?

Q166. does it not show that judges are more equal than others ?

Q167. who are involved in PF scam ? what action against guilty judges ?

Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1988-2008 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

ENCLOSED : IPO NO 49C 457116 & 49C 457117 TOTALLY FOR TEN RUPEES FAVOURING PIO , O/O HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT , NEW DELHI.

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI.

DATE : 05/12/2008 NAGARAJ.M.R.

LACE : MYSORE (APPLICANT)

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/ ,
http://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

WHO WILL BELL THE CORRUPT INDIAN JUDGES & POLICE

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

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R....vol.4 . issue.19......10/05/2008

Editorial : WHO WILL BELL THE CORRUPT FEW AMONG INDIAN JUDICIARY & INDIAN POLICE ?

When the fence itself eats into the crop which it has to protect , when the doctor himself kills the patient whom he has to treat , when the mother supposed protect her child kills it herself , when the king supposed to protect his subjects himself kills them , WHEN THE POLICE & JUDGE SUPPOSED TO GIVE JUSTICE , PROTECT HIS CITTIZENS HIMSELF MEATS OUT INJUSTICE , where to appeal ? it is nothing but anarchy. These corrupt few are also bringing disgrace to the august institutions they occupy & are also making contempt of those very offices they hold & making contempt of citizens of India.

Who will dare to bell the fat , corrupt cats & save democracy in India.

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIARY UNDER RTI PURVIEW

The corrupt among public servants always give a ruse , reason to escape from accountability. Recently government of Karnataka under president’s rule has enacted a rule limiting the number of informations sought in RTI application to 3 . already bureaucrats are successful in exempting official file notings from RTI purview. These file notings are the basis on which official decisions are taken by superiors , so if one wants to know the intention behind an official decision it is imperative to know all the notings.

Police apply 3^rd degree torture on accussed , ask questions for hours in the name of extracting truth , the same police are afraid to answer questions lest the truth come out.

In the courts of law , numerous questions are asked , cross examination done to extract truth . if one remains silent it amounts to confession / agreeing to all charges leveled. In courts of law , during cross examination one must give straight forward answers , one cann’t give vague answers nor state excuses for not answering a question. If one doesn’t give straight forward answers that also is considered as agrreing to the charges levelled. The courts go to any length to extract answers to it’s questions , take for example rape cases in the backdrop of our Indian tradition. In the courts of law , the rape victim - woman who has already suffered injustice , shame is made to depose before male judges , lawyers who are total strangers and made to repeatedly explain how the crime of rape was committed. So once again the victim is made to suffer more shame in the society. For the courts answers to questions , cross examination , legal procedures is more important than honour of woman. The very same judges are afraid to answer questions , cross examination under one pretext or the other lest the truth come out.

Even our people’s representatives – MPs , MLAs , etc are afraid to speak out truth , to honour RTI act citing legal privileges , etc. in India , during appointment of persons to government service back ground check & clearance by police is mandatory & during appointment into sensitive defense , space , atomic energy establishments , etc apart from police verification , investigation by intelligence agencies is a must. No such thing for our MLAs , MPs . However now criminalization of politics is almost in India , some of the accussed are drafting laws like IPC , Indian defense rules , police code , purviews of judiciary , etc. they are drafting laws to legalise their crimes. The election commission of India is not properly verifying the affidavits of candidates , also the vigilance authorities , lokayukthas are not properly verifying the affidavits of sitting MLAs , MPs , etc.

More than RTI ACT , to seek information is part of every Indian citizen’s fundamental rights & human rights , RTI ACT is just fulfilling that right partly & fixing a time frame. Nobody , no constitutional functionary is higher than Indian citizens , nobody’s privileges or any laws prevailing over the fundamental rights & duties of Indian citizens is constitutional , just or legal . The shame is that even after 60 years of independence , FUNDAMENTAL RIGHTS & DUTIES OF INDIAN CITIZENS is observed more in breach than implementation , by our public servants including the judiciary .

Hereby , we urge all the public servants – judges , police , people’s representatives to honour RTI ACT , to honour Indian citizen’s fundamental & human rights and to facilitate them to perform their fundamental duties. The silence of public servants to the questions asked or vague answers , ruses by public servants amounts to confessions , agreeing to the questions , charges leveled & crimes committed .

Let the TRUTH prevail. Jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

Judiciary under RTI Act, says parliamentary panel

New Delhi, April 29
A parliamentary committee today held that judiciary comes under the purview of the Right to Information law with regard to all activities of administration except “judicial decision making.” “Except the judicial decision making, all other activities of administration and the persons included in it (judiciary) are subject to RTI Act,” said the report of the Parliamentary Standing Committee on Personnel, Law and Justice.

The opinion of the committee headed by E.M. Sudarsana Natchiappanan comes against the backdrop of a raging controversy over whether the judiciary comes under the RTI purview. Chief Justice of India K.G. Balakrishnan had recently said the CJI is a constitutional authority and does not come within the purview of the RTI Act.

The committee, which went into the demands of grants for the personnel ministry and discussed the interpretation of Section 2 (h) of the RTI Act, that is, definition of public authority, said the provision is very clear that all constitutional authorities come under the definition of public authority. The committee had examined in detail every clause of the RTI Act, 2004 and was conscious of the fact that all wings of the state, executive, legislature and judiciary, are fully covered under this Act since all organs of the state are accountable to the citizens of India in a democratic state. “It is more so since the judiciary is having a dual role as (i) administrative function and (ii) judicial decision making.

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 CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI , UNION HOME SECRETARY , GOI , NEW DELHI , DG&IG OF POLICE , GOK , BANGALORE , COMMISSIONER , BANGALORE DEVELOPMENT AUTHORITY , BANGALORE & COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE , as per RTI Act . All of them have failed to provide complete truthful information to us.

Full Case details are given at following web page,

RTI APPEAL TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO UNION HOME SECRETARY , GOI , NEW DELHI

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL TO DG&IG OF POLICE , GOK , BANGALORE

http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

RTI APPEAL BDA COMMISSIONER , MUDA , MYSORE

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,

http://crimesatmudamysore.wordpress.com/ ,

RTI APPEAL TO BDA COMMISSIONER , BDA , BANGALORE

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

Hereby , we do once again request you to order the said public servants - 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.

INDIAN JUDICIAL & LEGAL SYSTEM INDIRECTLY IN THE CLUTCHES OF MAFIA

In India , justice , equality & democracy an illusion . all those words are only there is in statuette books , but not in practice . the rich & mighty crooks are committing gravest crimes & escaping from the hands of law by manipulating evidences , by bribing the public servants to create favourable government reports , records. Poor
people who have suffered injustices are not getting justice due to lack of evidences & government reports , records to prove their case.

CORRUPTION IS THERE RIGHT FROM GOVERNMENT MATERNITY HOSPITAL UPTO
GRAVEYARD , THROUGHT THE WALK OF ONE'S LIFE.

The corrupt public servants are more cruel , damaging criminals than our previous british oppressors or dawood ibrahim & other under world dons. The gravest threat , damages to india's security & national integrity is more from these corrupt public servants than Pakistan or china or other terrorist outfits. These corrupt public servants can stoop to any level in their greed for money. The present state affairs is a shame to our political & legal system and a barometer , indicator to their efficiency.

Recently , we have seen in the media , how people of bihar meated out mob justice to a criminal , that will be the fate of corrupt police , doctors , other officials in the future. But the violence is not the answer , that will only lead towards anarchy. We must establish true democracy of bapuji's dreams , true freedom , equality for all in practice for which so many of our fore fathers , freedom fighters sacrificed their life for.

THE ANSWER LIES IN ACCOUNTABILITY OF PUBLIC SERVANTS , ALL CONSTITUTIONAL FUNCTIONARIES INCLUDING JUDGES , TO THEIR PAY MASTERS - MONARCHS OF DEMOCRACY ie CITIZENS OF DEMOCRATIC INDIA. Hope this will dawn on our public servants that they are PUBLIC SERVANTS NOT PUBLIC MASTERS.

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 3^rd 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 3^rd degree torture in custody. The presiding judge of the case doesn't safe guard the rights , health , life of victims in custody. The judge doesn't check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of "local citizens vs coca cola company" in plachimada , kerala.

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

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

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

History of Corruption in Indian Judiciary since Independence: 1947 - 2003

1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…" [008.07].
Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples' Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators.

1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]

1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].
Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed " To Do Complete Justice" by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court !
Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ]

1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld.

1996 AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement

1994 to 1997: A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting "special" treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion.

2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A] [049.05B] [049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani's " BIG EGOS, small men ". (b) Supreme Court , while he was CJI,directed a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani's " BIG EGOS, small men ".

2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to "fix" a case in her favour. Justice Mr.· Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned

CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him.

2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn't take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &· Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI filed its report. Gave clean chit.

March 2003 - Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records

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E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India"
Following Questions / Issues, inter alia , arise

( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its' Impeachment Order had held thus:"While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent." [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami's case , Justice Ramaswami had held that " Inquiring Committee" as well as " Inquiry" have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee thus" Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority."
(c) It will not be out-of place to mention here that Two of "Three Judges Committee " appointed by CJI in Re. V. Ramaswami's case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d ) If so how sure can we be that " 3 Judges Committee " appointed to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were above Board & have presented an accurate Report ?

Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges' Mysore Sex Scandal
( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee " ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars of Constitution " ?.
(d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that "in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179 ) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?

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LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India's Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?

Conscience of Judiciary Shaken: Supreme Court of India: "Police Raj" it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?

"Police Raj" to "Judges Tyranny": Judges serving all over India have formed an Assocition called " All India Judges Association ". At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up " All India Judicial Services " & " National Judicial Pay Commission ". Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court

Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.

But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.

India: Time to end the lethal lottery of India's death penalty system

(New Delhi): The first major study into India’s legal judgements on death penalty cases has revealed that the system is riddled with fatal flaws and that the only remedy is to abolish the death penalty completely, said the study authors in New Delhi today.

Amnesty International believes that at least 140 people have been sentenced to death in 2006 and 2007. According to the latest available official figures, there were 273 persons on death row as of 31 December 2005. But this figure is likely to be considerably higher today.

The fate of these death row prisoners is ultimately a lottery. In the first comprehensive analysis of around 700 Supreme Court judgements on death penalty cases over more than 50 years, the authors expose a judicial system that has failed to meet international laws and standards relating to the death penalty.

Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry) have issued the study, Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006.

It is the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases. It demonstrates that:

• the administration of the death penalty in India has not been in the “rarest of rare cases” as claimed in the country

• on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants.

Dr V Suresh, President, PUCL (TN & Puducherry) said: “While the death penalty continues to be used in India, there remains a danger that it will be used disproportionately against ethnic minorities, the poor or other disadvantaged groups. There is only one way to ensure such inequalities in the administration of justice do not occur: the complete abolition of the death penalty.”

Amnesty International welcomes the current hiatus of executions in the country. The relative lack of executions in the last decade -- one in 2004 -- illustrates that the people of India are willing to live without the death penalty.

“India stands at a crossroads. It can choose to join the global trend towards a moratorium on the death penalty, as adopted by the UN General Assembly last year. It will also then join 27 countries in the Asia Pacific region which have abolished the death penalty in law or in practice.

“Or it can continue to hang death row inmates, when the judicial system that puts them there has been shown by this extensive research to be unfair,” said Mukul Sharma, Amnesty International-India Director.

The full report is available at http://www.amnesty.org/en/report/info/ASA20/007/2008 and a summary, at http://www.amnesty.org/en/report/info/ASA20/006/2008

Background:

The study of the courts highlights some of the main failings as:

• Errors in consideration of evidence - most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted sarcastically that the main witness's memory constantly improved. His testimony at the trial three years after the incident was observed to be far more detailed than his confessional statement recorded a few days after.
• Inadequate legal representation - concerns included lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary.
• Anti-terrorist legislation - concerns include the broad definition of ‘terrorist acts’, insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence.
• Arbitrariness in sentencing - in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily.
• In the Bachan Singh judgment of 1980, the Supreme Court ruled that the death penalty should be used only in the "rarest of rare" cases. More than a quarter of a century later, it is clear that through the failure of the courts and the State authorities to apply consistently the procedures laid down by law and by that judgment, the Court's strictures remain unfulfilled.

A total of 135 countries have abolished the death penalty in law or in practice, having realised executions are unacceptable. In 2007, only 24 countries carried out executions (China, Iran, Saudi Arabia, Pakistan and the USA were the main five perpetrators, accounting for 88 per cent of all known executions). See http://www.amnesty.org/en/death-penalty

Judicial nepotism rampant in India

April 12, 2007 by CyberGandhi

In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don’t appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.

NDTV discovered that this trend, where two judges or a group of judges have children practising in each other’s courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of India demanded the transfer of all judges whose relatives practised in the same courts.

A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other’s relatives.

He quoted eminent jurist HM Seervai: “Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge’s son as an advocate.”

“It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.”

The order sparked off a protest by judges in Punjab who took mass leave. Justice BK Roy was subsequently transferred, and since then, the order has been ignored.

“Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh.”

“The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited,” said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.

Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.

Limited directive

Finally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.

It completely skirts the issue of close relatives of a judge practising in the same court - the Uncle Judge or Son Stroke syndrome.

“There are complaints from all over the country that judges’ children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge,” said M N Krishnamany, President, SC Bar Association.

Judges are, in fact, expected to follow a code of conduct which points out that: “Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed.”

But is this distance really possible?

“If your son, brother or sister is practising in the same court, you can’t eschew close association with your son, daughter or brother.”

“Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising,” said Prashant Bhushan, Member, Committee on Judicial Accountability.

However, as figures show, this is clearly not the trend.

In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in Delhi High Court, the close relatives of nine sitting judges are practising lawyers.

Also senior lawyers feel that the children of judges are often favoured.

“That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position,” said Jaganath Patnaik, President, Bar Council of India.

“It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also,” said M N Krishnamani, President, SC Bar Association.

The public impression is that in order to get a favourable order, it’s better to hire a close relative of a judge to plead your case.

Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?

Ajmer Singh, Wednesday, April 11, 2007 (New Delhi), NDTV.COM

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