e-voice of human rights watch

Salutes to Martyrs of 9/11 , 26/11

Sun, 22 Nov 2009 07:32:05 +0100

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R… VOL.3 issue. 48… 02 / 12 / 2009

Editorial : 26/11 - SALUTES TO NSG COMMANDOS & MUMBAI POLICE

Salutes to S. MANJUNATH & SATYENDRA DUBEY , WHO STOOD FOR HONESTY , SINCERETY OF DUTY & FOR UPHOLDING LAW , FINALLY PAYING THEIR OWN LIVES FOR IT.

We express our deep condolences to the victims of 26/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists.
At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies.

India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe.

Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents.

The corrupt public servants network , is oiled far better than italy's mafia. Common man doesn't get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created.

The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it's way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it's dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds.

Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government's fiscal policies.

If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants. Jai hind. Vande mataram.

Your's sincerely,

Nagaraj.M.R.

9/11 , 26/11 - SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM

Visit , read the petition & support by signing the petition demanding
LEGAL PROSECUTION OF SPONSORERS OF TERRORISM

http://www.thepetitionsite.com/1/911-2611---prosecute-the-sponsorers-of-terrorism ,

http://www.petitionspot.com/petitions/sponsor ,

Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA ,
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.

http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures ,

http://www.petitionspot.com/petitions/judge ,

RTI harassment: Nitish asks DGP, Chief Secy to probe

Four days after an Indian Express report on the alleged framing of false cases against RTI applicants in Bihar, Chief Minister Nitish Kumar has asked the Chief Secretary and Director General of Police to look into the cases and initiate departmental proceedings against information officers if they are found guilty of “harassing” RTI applicants.
Nitish, who called a meeting of Chief Secretary Anup Mukherjee, DGP Anand Shankar, as well as principal secretaries and senior police officers, asked Mukherjee and Shankar to ensure that RTI applicants were not harassed. Asking the DGP to “identity errant information officers”, he also instructed the Chief Secretary to initiate departmental inquiries against those found guilty.
“Let RTI applicants call Jankari call centre to register their complaints against information officers. We will soon have a devoted helpline to take up RTI complaint cases soon,” said the Chief Minister. Bihar, incidentally, is the first state to start an RTI call centre.

Nitish said that any laxity in dealing with RTI complaints would not be tolerated and has also asked Chief Information Officer Ashok Choudhary to personally supervise such cases.
The Bihar Human Rights Commission on October 29 had asked the state government to explain why information officers should not be suspended for “framing false cases” against 42 RTI applicants. The state government has to reply to the BHRC by mid-December on its action taken report on RTI harassment cases.

Amendments to RTI Act on the anvil
Vidya Subrahmaniam

The Department of Personnel and Training (Ministry of Personnel, Public Grievance and Pensions) has admitted that the government is considering amendments to the Right to Information Act, 2005.
The admission, which came at a meeting between RTI activists and DoPT Secretary Shantanu Consul on Saturday, ended the suspense over whether or not the government was contemplating amendments to the RTI.
Speculation in this regard started following a meeting that the DoPT had with Information Officers on October 14 where a proposal for the amendments was formally put on the table. However, the government refused to confirm or deny the move, leading to a growing anxiety in RTI circles.
Significantly, Mr. Consul assured the delegation led by Aruna Roy of the National Campaign for People’s Right to Information (NCPRI), that the amendments will only be introduced after hearing the views and objections of civil society groups. He said the department would initiate a “transparent and consultative process,” including putting up the draft amendments on the DoPT website, to enable public and civil society participation in their implementation.
Mr. Consul also said the amendments would not go through if civil society groups were able to convince the government that they were not necessary, and the purpose for which they were being considered could be met in other ways.
Earlier in the day, hundreds of activists from the NCPRI and other organisations gathered at Jantar Mantar to warn the government against tinkering with the RTI Act, 2005.
The delegation that met Mr. Consul presented him a letter containing their misgivings over the proposed amendments. The letter was signed. among others by Ms. Roy, Nikhil Dey and Shekhar Singh of the NCPRI and Annie Raja of the National Federation of Indian Women.
The signatories said they had apprehensions that the government was moving towards amending the RTI and cited as evidence the October 14 meeting between the DoPT and Information Officers.
The RTI activists also wrote to the Prime Minister on October 20, which was signed by dozens of public-spirited citizens. The letter argued that the proposed amendments — envisaging exemption from disclosure for official discussions and consultations (previously known as file notings) and prohibition of frivolous and vexatious complaints — far from strengthening the Act, as promised by the President in her June 4 address to Parliament, would in fact emasculate the Act.
The letter quoted two nation-wide studies, “one done under the aegis of the government,” to make the point that RTI was constrained, not by issues being considered for amendment such as frivolous complaints and file notings, but by inadequate implementation, lack of trained staff, and poor management. There was no suggestion in either of the studies that RTI work was hampered by “frivolous or vexatious” applications or by disclosure of “file notings,” it said.
The letter said: “This government gave its citizens the RTI Act, and there has been no crisis in government as a result of its enactment. In fact… its use by ordinary people is helping change its (the country’s) image to that of an open and receptive democracy. An amendment in the Act would be an obviously retrograde step, at a time when there is a popular consensus to strengthen it through rules and better implementation...”
Keywords: RTI Act, Amendments, NCPRI, Ms. Aruna Roy

Villagers, activists up in arms over proposed RTI changes

NEW DELHI: Kheema Ram, a 40-year-old farmer from Rajasthan who exposed a number of corrupt practices through his more than 350 RTI applications

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is against any amendments in the Act. Ram, hailing from Rajsamund district, travelled all the way to Delhi along with fellow villagers on Saturday to protest against the proposed amendments in the RTI Act which may take out some categories of information from the Act's ambit.

"The discussed amendments will take out the 'Atma' of the act. We will be at the mercy of the public information officer for extracting even the most relevant information. They can reject our applications, saying its `frivolous', if the changes materialise,'' he said.

Ram's views find resonance among a cross section of intellectuals, social workers, politicians, farmers and RTI activists. Opposing the proposal to "weaken'' the Act, people from 10 states across the country gathered at Jantar Mantar on Saturday for a day long dharna.

Several civil society groups and organisations, individuals and users of the RTI Act assembled at the dharna organised by the National Campaign for People's Right to Information. Amongst those present were information commissioner Shailesh Gandhi, social activist Aruna Roy, economist Jean Dreze, CPI General Secretary D Raja, RTI activist Shekhar Singh, renowned theatre personality Tripurari Sharma, Nikhil Dey and Swami Agnivesh of the Bandhwa Mukti Morcha. A collective demand was made to not amend the Act but to implement it properly.

Magsaysay award winner Aruna Roy, who played a crucial role in shaping the RTI movement in the country, lamented that instead of ensuring better implementation in crucial areas like proactive disclosure, the government is now looking to enfeeble the Act.

"The act has proved itself among the masses and people have benefited from it. It is wrong to suggest changes in it at this stage. The effort should be to ensure its full implementation in letter and spirit,'' Roy said.

Another RTI doyen Shekhar Singh said the manner in which these changes have been put forward has raised concern among people who are using it. "Government had spent Rs 70 lakh for a study by a private body. The report does not even say vexatious or frivolous applications are a problem for the system. Information commissioners from across the country have also opposed any changes in the Act,'' Singh said, wondering why there is talk of amendments.

RTI activist Commodore Lokesh Batra said it is too early to bring any changes in the Act. "The proposed changes will give powers to the public information officers to reject applications if they feel it is vexatious or frivolous. It will leave scope for misuse," he said.

Later, a representative delegation of 7 members, led by Aruna Roy and Shekhar Singh, went to meet the DoPT secretary Shantanu Consul to discuss the current proposal regarding the amendments. The secretary confirmed that a set of amendments are under consideration, but before they are approved, the DoPT will follow a transparent and open consultative process. All further proposals for amending the law will be put up on the DoPT website and affected parties and stakeholders will be consulted before the government considers any amendments to the law. The secretary further assured the group that the minutes of the meetings held with the information commissioners in October 2009 will also be made available on the DoPT website soon.

RTI ACT VIOLATIONS BY HIGH & MIGHTY
Questions public servants are afraid to answer

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 –

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/ ,

Case no.1 CORPORATE CRIMES RPG CABLES LIMITED
http://groups.yahoo.com/group/naghrw/message/218

case no.2 MEGA FRAUD BY GOVERNMENT OF INDIA
http://groups.yahoo.com/group/naghrw/message/196

Case no.3 are you ready to catch tax thieves ?
http://groups.yahoo.com/group/naghrw/message/196

case no.4 MOBILE PHONES , CURRENCY SCANDALS
http://groups.yahoo.com/group/naghrw/message/196

Case no.5 reliance industry where is accountability ?
http://groups.yahoo.com/group/naghrw/message/196

case no.6 crimes at infosys campus
http://groups.yahoo.com/group/naghrw/message/214

case no.6 crimes by B.D.A against a poor woman
http://groups.yahoo.com/group/naghrw/message/212

case no.7 crimes of land mafia in India
http://groups.yahoo.com/group/naghrw/message/212

case no.8 currency thefts in RBI Press
http://groups.yahoo.com/group/naghrw/message/80

case no.9 killer colas & killer medicines of India
http://groups.yahoo.com/group/naghrw/message/201

RIGHT TO INFORMATION
By Vienaya Ganesan

Introduction:
Since June 2005, when Right to Information Act, was passed, it has been hailed as the hallmark of democracy for the reasons that it purports to make, as regards government information, disclosure the norm and secrecy as the exception. Experts feel that as the Act aims at making the government transparent and more accountable, the effective use of it would, in a long run, curb corruption.
But is this really the truth? With administrators and legislators, who are always in an attempt to narrow the scope and applicability of the Act, in the past one year the Act has seen more controversies than success stories. From parliamentary debate relating to exclusion of file notings to army’s refusal to grant information, it is evident that the ‘right to information’, as a statutory right, has served as a puppet in the hands of our rulers. There is, therefore, a need felt for a superior and more dynamic right.
In this article, I analyze the reasons as to why right to information need to have been included in Part III of the Constitution, to be granted as a fundamental right rather than a statutory right. This would have kept the constant attacks the right suffers at the hands of the politicians at bay.
Ideal Status Of Right To Information:
The ideal status the right to information deserves is that of a fundamental right under our Constitution .With the Constitutional guarantee to conform to, the Act could have been used as an instrument constituting the requisite authorities, apart from laying down the quintessential exceptions to granting information, such as national security and parliamentary privilege.
Right To Information Recognized As A Fundamental Right By The Judiciary:
At this juncture, it is imperative to note that the Supreme Court, in State of U.P v. Raj Narain - a 1974 case, recognized the ‘right to know’ as a right inherent in Fundamental Right to freedom of speech and expression guaranteed under article 19(1)(a) of the Constitution. Following this, a plethora of cases the right to information was recognized as a right implicit in the article 19(1)(a) and in article 21 (fundamental right to life and personal liberty).
In Peoples Union for Civil Liberties v. Union of India , the Supreme Court observed that in
Right of information is a facet of the freedom of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right.
However, every time the Constitution is amended, the ‘basic structure’ test laid down in Keshavanada Bharti Case has to be satisfied. The test provides that a constitutional amendment should not be in derogation of the basic features of the Constitution like judicial review, democracy or Rule of Law. While including the right to information is as a fundamental right, if at all there is any effect on any of the basic structure it would be in the nature of strengthening the democracy and making it progressive, as envisaged by the makers of our Constitution.
Need For The Fundamental Right Status:
The nature of problems the Act has faced till date ranges from administrative interpretation against the grant of requested information, to ordinary and easy amendment to reduce the scope of the Act. I feel, the above problems would not have arisen had the right been a fundamental right. Let us now analyse the problems case-wise to understand my reasoning.
1. Exclusion of ‘File Notings’ From the Purview of the RTI Act:
In December 2005, the Central Government, for the first time, floated the idea to excluding ‘file notings’ from the scope of the Act by bringing about an amendment to the Act. File notings is an important public document containing details of the decision making process in any public matter - such as who said what and who rejected whose view and on what grounds before a decision was reached in government. It also includes the official correspondence between officers in pursuance of a government scheme or project.
The news created uproar, with activists opining that the accountability of the government would remain only in paper with such exclusion. The matter was then put to rest with the Prime Minister, Mr. Manmohan Singh’s statement against the exclusion.
However, today the matter is back in news. As on date, the Union Cabinet has approved the Amendment Bill to the Act, that when passed will exempt file notings as information that can be demanded as a matter of right.
2. Indian Army’s Recent Refusal to Grant Information:
Again in December 2005, the Indian Army refused to provide information to an applicant on the ground that issues of national security were involved in the requested information. This was in spite of the Army not being one of the eighteen agencies that are exempted under the Act, by virtue of section.24. But when the PM intervened and insisted that Army cannot refuse until a government notification to that effect, the army retracted its stand.
Could It Have Been Avoided?
The above mentioned controversies has brought out into the open, the hard facts. The spineless politicians are going to amend the Act as and when they like it, suiting their needs of the day; the officers are going be complacent and hesitant in giving the information. Had right to information been a Constitutional provision, the fear of PILs would have kept a check on the notoriety of the parliamentarians and authorities.
Conclusion:
Thus, it is evident the issues such as those illustrated above could have been avoided had right to information been a fundamental right under the Constitution. Ideally, the legislature should have brought about a constitutional amendment to include the right to information as a fundamental right and the Act should have merely constituted the Information Commissions and appointed the Public Information Officers. With the separate government agency to tackle the problems relating to the fundamental right to information, the evils of bureaucratic pressures and whimsical administrative interpretations could have been kept at bay and democracy celebrated.
Inclusion of right to information as a fundamental right would have also been in conformity with the decisions of the apex court.
Therefore, though India has finally woken up to realize that right to information is a key component in the attainment of economic, social and political rights of an individual as well as the community at large, in my opinion, the step she has taken towards it could have been more effective had she guaranteed a fundamental right to information to its citizenry.

Failure of RTI Act in India
- In the clutches of corrupt public servants mafia

Salutes to S. MANJUNATH & SATYENDRA DUBEY , WHO STOOD FOR HONESTY , SINCERETY OF DUTY & FOR UPHOLDING LAW , FINALLY PAYING THEIR OWN LIVES FOR IT.

Nowadays , RTI requests of commoners is not honored by public servants , truthful information is not given . If the common man persists with his RTI information request , the commoner himself is fixed in cases with cooked-up charges by corrupt public servants. At all costs the corrupt public servants ensure that truth does not come into open .
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 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 ?

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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Sign for Accountability of Judges

Fri, 13 Nov 2009 17:16:12 +0100

Visit , read the petition & support by signing the petition demanding ACCOUNTABILITY OF INDIAN JUDGES & POLICE.

http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures ,
http://www.petitionspot.com/petitions/judge ,

Comments

JUDICIAL ACCOUNTABILITY

Fri, 06 Nov 2009 17:12:29 +0100

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

Editor: Nagaraj.M.R...vol.5.issue.46....14/11/2009

Editorial : Judicial Accountability in India

Kindly go through the following articles & provide justice by giving complete truthful information to us.
http://sites.google.com/site/sosevoiceforjustice/accountability-of-indian-judges ,

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , e-voice seeks complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we at e-voice request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & equitable justice.
he above stated public servants have failed to provide full information to us ie e-voice as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals.

just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?

it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
JAI HIND. VANDE MATARAM.

Your's sincerely,
Nagaraj.M.R.

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 payting 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 donï¿½t 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 throught 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 VVIPï¿½s. 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 e-voice have utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk.

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SC Judges reveal asset on website
The Supreme Court on Monday, 2nd November, posted the Assets of Supreme Court judges on its website, clarifying that the declarations were being made on a voluntary basis only! This despite the fact that the decision to reveal assets on the website was taken on Aug. 26 in the backdrop of a raging controversy over resistance by the SC to answer a query regarding assets of judges. As this MailToday story reports, declarations lack information with some Judges giving only sketchy details and not mentioning the value of their movable and immovable assets. more...

Ghaziabad provident fund scam main accused dies under mysterious circumstances
Ashutosh Asthana, the main accused in the Ghaziabad provident fund scam, was found dead in his prison cell on 17th October 2009. It is known that he was clearly under a lot of pressure, as was evident from his statement in which he tried to change his first confessional statement as well as another affidavit through his lawyer in which he stated that he had given the second statement under pressure. In his S. 164 confessional statement before the Magistrate of Ghazibad court, he had confessed that of the 7 crore embezzled, he had given cash and gifts such as air conditioners, refrigerators, expensive clothes, jewellery and furniture to many judges including judges of the High Court and a Supreme Court judge. news report

Contempt of Court & the Conflict of Interest Controversy
Last week there were newspaper reports that the Supreme Court has permitted the filing of a contempt petition against Mr. Prashant Bhushan for allegedly casting aspersions against some judges including Justice Kapadia, for his violating the law against judges hearing cases where there is a conflict of Interest, by his hearing and deciding the Vendanta case despite having shares in Sterlite (a subsidary company of Vendanta).
Here's an excellent article by Manoj Mitta (Times of India) that unfolds interesting aspects of the Justice Kapadia conflict of interest controvesy and how this principle (also importantly adopted by the SC judges in 1997 through the Restatement of Judicial Values), has been completely violated by Justice Kapadia in his hearing and deciding this and other Sterlite cases.
....article

Corrpution in the Judiciary : Tehelka investigates...
In this Tehelkha story, Brijesh Pandey and Sanjay Dubey track the Supreme Court's lack of urgency in investigating charges of judicial corruption....article

The Dinakaran Imbroglio: Appointments and Complaints against Judges
The Dinakaran episode has brought to the surface the vexed problem of the arbitrary and totally unsatisfactory manner of selecting and appointing judges as well as the unresolved problem of dealing with complaints of misconduct and corruption against judges. In this bracing article Prashant Bhushan analyses these long simmering twin problems which lie at the heart of Judicial Accountablity...more

Appointment of Judges – the Justice Dinakaran Controversy
Public opinion is now stirring over the issue of appointment of judges, especially appointments made to the Supreme Court and High Courts in India, which remain largely arbitrary, adhoc and non-transparent.
The man at the centre of the storm is the Chief Justice of the Karnataka High Court, Justice Dinakaran, whose name has been recommended, along with four others by the SC collegium for elevation as judges of the SC.
The controversy came to surface with a written complaint to the SC collegium by the Forum for Judicial Accountability. The first representation against Jusitce Dinakaran dated 9th September 2009 was regarding his amassing huge assets, corruption and serious irregularities. The Second representation listed further particulars with supporting material and the 3rd representation surfaced additional information regarding amassing of further properties and the exercise of judicial powers to decide cases in his own cause. The representations sent to SC collegium can be accessed here… Representation 1 Representation 2 Representation 3 Representation 4

Loathing and fear in TN Village - Justice Dinakaran's Empire demystified
Read the Mail Today feature as M.C. Rajan in Chennai tracks Chief Justice Dinkaran's disproportionate property details and other instances of judicial misconduct while also detailing other judges caught in controversy... all of which exerting pressure on the need to lift the veil of secrecy over judicial appointments...more

Historic Ruling in favour of Transparency and Accountability - The Judges'Assets case
The Delhi High Court ruled on 2nd September 2009, that the Chief Justice of India (CJI) is a “public authority” within the meaning of the Right to Information Act and has to make public the information on assets declared to him by judges under the 1997 resolution of Chief Justices. The argument that such information has been collected under fiduciary capacity by the CJI was also held to be insubstantial.. The ruling by Justice Ravindra Bhat, which came on the Supreme Court's appeal against an almost identical order from the Central Information Commissioner (CIC), runs counter to the consistent stand of Chief Justice K G Balakrishnan that the CJI could not be termed as a public authority under RTI Act..view judgement

CJAR Public Statement on SC judges decision to put their assets on website
The decision of the Supreme Court judges to put their asset declarations on the Supreme Court website is a welcome first step towards transparency and accountability of judges in this country. It is also a tribute to the power of public opinion... However, this decision of the Supreme Court judges does not obviate the need for a law to make such public declarations compulsory. Indeed, the law must provide for an annual public declaration of assets and liabilities as well as income tax returns of all public servants, including judges...more

The Judges' Assets Saga
In February 2009, the Campaign for Judicial Accountability and Reform (CJAR) issued an Open Letter to Judges of all the High Courts and the Supreme Court to publicly declare their assets. It was urged through this letter, that by making a public declaration of their assets, Judges' would be setting an example of transparency in the country which would then be emulated by other public servants in the country. In response to this letter, Justice K. Kannan of the Punjab and Haryana High Court, perhaps the first judge to voluntarily make his assets public, sent an email to Mr. Prashant Bhushan, Convener, CJAR, stating, that while he held views against the demand for public declaration of judges' assets, he had no qualms in sharing his financial and property details, which he attached to the email. The correspondence between Mr. Prashant Bhushan and Justice Kannan can be accessed here. Further the document sent by Justice Kannan detailing his point of view can also be read here.

Karnataka High Court's, Justice DV Shylendra Kumar on Declaration of Assets by Judges
Running out rightly contrary to the refusal of Judges of the High Courts and Supreme Court to publicly declare their assets, Justice, DV Shylendra Kumar of the Karnataka High Court, powerfully expresses his views against the Chief Justice of India speaking on behalf of the country’s judiciary as well as Justice Kumar’s right to express his views freely and without fear. His articles in the New Indian Express can be read here and here. Justice Kumars asset details as posted on a website can be accessed here.

Too High a horse - Ram Jethmalani
Former Law Minister, Mr. Ram Jethmalani asserts that judges must disclose their assets to maintain public confidence in the courts more....article

Law Commission of India - Report on Reforms in the Judiciary
The Law Commission of India, Chaired by Justice Dr. Justice AR. Lakshmanan, in its REPORT NO. 230 focuses on REFORMS IN THE JUDICIARY, offering some suggestions. The report was submitted to the Union Minister of Law and Jusitce, Ministry of Law and Justice, Government of India by the Law Commission on the 5th of August, 2009. Copy of the report can be found here.

CJI-Please declare my assets: Justice J.S. Verma
Former Chief Justice of India reitirates - Judicial accountability requires transparency. Public knowledge of the antecedents, assets and liabilities of the judge, spouse and dependents is necessary for adjudging the judge’s conduct and suitability for the performance of official duties... more.

Accountable or not - Fali S. Nariman
Renowned Jurist Fali S. Nariman states in this article that if the credibility of the higher judiciary is to be restored, as he believes it must — since without the higher judiciary our Constitution simply cannot work — it is essential that every judge of the Supreme Court set an example and voluntarily make a public disclosure of his (or her) assets on the website of the Supreme Court, law or no law. more.

Limits of Judicial Conduct - V.R. Krishna Iyer
A Performance Commission to investigate delinquent judges is essential if egregious judicial blunders are to be minimised. Read this thought provoking artcile where Justice Krishna Iyer dwells on the limits of judicial conduct in the present day context. more.

Judges (Declaration of Assets and Liabilities) Bill 2009 access copy here

CJAR Statement on proposed Bill on Declaration of Assets
Government of India has recently declared that bill is proposed to be tabled in the parliament on the issue of declaration of assets by the judges. This bill mandates all judges to compulsorily declare their assets to respective Chief Justices. In light of this, Campaign for Judicial Accountability and Reforms have issued a public statement. Through this statement, CJAR has called for a public and annual declaration of assets by the Judges to ensure that the objective of transparency through this proposed Bill is achieved. The statement also appeals that the proposed Bill be finalised after effective consultation with civil society. The statement has been endorsed by many eminent persons from all walks of life. The statement can be downloaded from here.

CJAR Strategic planning meeting
On 11th July 2009, strategic planning meeting of the members of CJAR was held. In this meeting, future course of action of the Campaign was discussed. In this meeting, apart from other issues, recently passed legislation "Gram Nyalalaya Act", recommendation of 2nd Administrative Reforms Commission on Judicial Reforms were also discussed. Minutes of the meeting can be found here. Gram Nyayalaya Act, as passed by parliament can be found here. It can be compared with the Draft Gram Nyalayaya Bill as introduced in Rajya Sabha. Draft Bill can be found here. Excerpts from recommendations of 2nd ARC can be found here. In the meeting, status report of the activities of the CJAR during last year was also presented. This report can be downloaded from here.

“Failing the common people”
India has an independent judiciary. Nonetheless, the gaps between codified law and grassroots reality are wide. The Delhi-based Campaign for Judicial Accountability and Judicial Reforms wants matters to change. Prashant Bhushan, one of its leaders, explained what is wrong with the courts and what could make a difference in a D+C/E+Z-interview. ...more

Govt probing assets owned by ex-CJI Sabharwal's family
In the reply to an application filed under Right to Information Act, Central Government has admitted that pursuant to the complaint from CJAR regarding undue monetary advantage to the family members of Justice Sabharwal due to his controversial orders on sealing the business establishments in Delhi; CBI has been directed to investigate the matter. CBI is investigaing various aspects of the case, including the allegation of misuse of public office by the family members of Justice Sabharwal. ...more

Lack of Judicial Accountability in India
Recently, in a talk in South Asian Studies Department, Princeton, Prashant Bhushan delivered a talk on "Lack of Judicial Accountability in India". In this talk, Prashant has pointed how judiciary has acqired self-perpetrating oligarchy and has bocome powerful. He has also pointed out as to how the judiciary has been making attempts to keep itself cocooned and has dismissed all attempts to make it accountable. ...more

Sacrificing Human Rights and Environmental Rights at the Alter of “Development"
Recently, in a talk in George Washington University Law School, Washington, Prashant Bhushan presented a carefully researched paper titled Sacrificing Human Rights and Environmental Rights at the Altar of “Development”. In this paper, Prashant has pointed how “insensitive” the judiciary is, towards the poor. Indian courts have failed to protect the socio-economic rights of the common people of India who constitute the vast majority of the Indian population. The main reason behind the insensitiveness of judiciary is that the higher judiciary in India invariably comes from the elite section of the society nd it has become a self-appointing and self-perpetuating oligarchy, says Prashant. ...more

Screening of Dam-age
Screening of the documentary “Dam-age”, which covers the infamous Sardar Sarovar Project on the Narmada and the Arundhati Roy contempt case, took place at the India International Centre Auditorium on Saturday March 7, 2009. Read more about the film on the website of Icuras Films. You can also see the film on Google Video.

RTI on recruitmentsin DHC
An RTI application was filed in the Delhi High Court seeking information on recruitments of the Class III and Class IV employees from 1990 to 2000. The PIO’s response was that vacant positions were not always advertised nor interviews/tests conducted, whereas on the other hand several hundred temporary and adhoc appointments were made over this period. This goes to expose the complete violation of all rules of fairness and just procedure in recruitment and appointment at the Delhi High Court....more; ..application in pdf format; ..application in word

Impeachment motion against Justice Sen moved
58 MPs of Rajya Sabha sent a letter to the Vice Prersident and the Chairman of Rajya Sabha seeking impeachment of Justice Soumitra Sen. News were published in ...Economic Times ...Hindu ...Indian Express

Public Action : 26th Feb. '09
With the backdrop of a legal tussle over disclosure of assets by Judges, the Campaign for Judicial Accountability and Reform, organised a public protest outside the Supreme Court, in a bid for greater transparency and accountability in the judiciary. A silent demonstration Near Indian Law Institute, Opposite Supreme Court from 10 a.m. - 1:30 p.m. on the 26th of February, 2009. ...more; ..photos

Judicial Delays Petition
This petition is to seek redressal for crores of Indian citizens who are routinely denied justice because of its delayed and therefore, ineffective dispensation. It is to restore to them their fundamental and constitutional rights guaranteed under Articles 21, 14, 19 and the Preamble, and to enforce the constitutional obligations of State under Article 39A of the Constitution of India. ...more

An Open Letter to Judges
Eminent persons from different walks of life and movements have written an open letter to all Judges of Supreme Court and all High Courts in India, calling them upon to declare their assets voluntarily and set an example for other public servents. ...letter ...more

Article: "Completely Collapsed System"
News report in International Business Times highlighting the conditions of Indian Courts and pendency of cases. ...article

Article: "Dismantling the walls of secrecy"
A number of steps are required to strengthen the transparency regime sought to be established by the RTI Act. Tarunabh Khaitan writes in Frontline. ...article

Article: "Go Ahead, Ask"
Aruna Roy an Nikhil Dey of National Campaign for Peoples' Right to Information RTI must be empowered to penetrate the veil of corporate India This article was published in Tehelka ...article

Article: "Judging the Judges"
Recent cases underline the need for independent Constitutional bodies for the appointment of judges as well as for investigating complaints against them. These cannot be in-house bodies of judges and must be completely independent of the judiciary as well as of the government. Prashant Bhushan writes in Outlook. ...article

Article: "In Suspension"
Chandrani Banerjee writes in Outlook on the issue of impeachment of Justice Soumitra Sen as suggested by the Chief Justice of India and dilemma of the present government. ...article

News: "CIC refuses to declare assets"
Members of the Central Information Commission have recently decided not to declare their assets in public. ...news

Students Workshop
CJAR has yet again organised a Student Workshop on 'Judicial Accountability and Reform' on Saturday, February 7, 2009. This workshop aimed at providing the students with an overview and perspective on the judicial mechanism in the country in the present context. Apart from this, issues and concerns of students was also taken up and addressed through a time of open interaction and learning sessions. Ranking them an important stakeholder group and building for their fuller participation in the Campaign for Judicial Accountability and Reform....invite

Press Converage
Press Release... ...more
NGO seeks consitutional body for judicial postings...more
Non-transparency in judiciary casuing scandals: CJAR ...more
Parties support sought to impeach HC Judge...more

Press Conference
A Press Conference is being organised by the Campaign for Judicial Accountability and Reform on the recent controversies relating to appointment and removal of judges, on Monday, 19th January, 2009 at 4p.m. at the Womens Press Corps. The conference will be addressed by Mr. Prashant Bhushan, Senior advocate, Supreme Court of India, Admiral R.H. Tahiliani (retired), former Chief of Naval Staff and Chairman Transparency International, India, Ms. Kamini Jaiswal, Senior advocate, Supreme Court of India and others....invite

The Judiciary: Hopes and Fear by Prashant Bhushan
When one examines the hopes and fears that one has from judiciary, it is necessary to define the role that one expects the judiciary to play in the country. Apart from dispensing justice in individual disputes brought before it, the judiciary is expected to be the guardian of the Constitution and is supposed to protect the fundamental rights of the people and implement the rule of law....more

Appointment of Mr Ashwini Kumar Mata
Letter to Chief Justice of India dated January 6, 2008 on behalf of CJAR. ...more

Letter to Chief Justice of India ...more

Removal of Mr Justice Soumitra Sen
Students Text of the letter by Chief Justice of India to Prime Minister of India for Removal of Mr. Justice Soumitra Sen, Judge, Calcutta High Court ...more

International Conference
International conference of jurists on ‘Terrorism, Rule of Law & Human Rights’ was held in New Delhi on December 13-14, 2008. text of the Inaugural speech of Justice K.G.Balakrishna, CJI ...more

Above the Law
In Frontiline; A.G.Noorani, Nov 2008...more

Against the Law
In Frontiline; A.G.Noorani, Nov 2008...more

RTI and Judiciary
CJI not exempt from RTI purview, CIC tells Supreme Court; Times of India, Jan 7, 2009...more

PF scam case
PF scam judge transferred to Punjab and Haryana High Cout; Tribune, Jan 7, 2009...more

Too many case
In Frontiline; Nick Robinson, ...more

Students Workshop
A Half-day Students workshop on "Judicial Accountablity and Reforms" was organised by the Campaign on Saturday, October 18, 2008 at 6/5 Jangpura B, New Delhi fom 9 am to 1 pm. ....agenda

Panel Discussion
A Panel discussion on "Judicial Accountability - Appointment, Investigations and Removal" is organised by the Campaign on Wednesday, September 17, 2008 at Plenary Hall, Indian Law Institute, Bhagwan Das Road, New Delhi. ...background note

More News on Judges Scam
- PM calls for introspection on judicial appointments;Sept 12, 2008 ...more
- A Rough Justice; Indian Express; Sept 10, 2008 ...more
- UP cops want CBI probe against 34 judges; Sept 10, 2008 ...more
- CBI can question two P&H High Court Judges; Sept 10, 2008 ...more
- How to Judge a Judge; Sept 10, 2008 ...more
- PF scam: UP getsflak for failing to order CBI probe; Sept 10, 2008 ...more
- Stemming rot; Judges dont need complete immunity says CJI; Sept 10, 2008 ...more
- Justice Sen not resigning; Sept 10, 2008 ...more
- Judging the Judge; Sept 10, 2008 ...more
- Kolkatta Judges case adds to judicial woes; Sept 09 , 2008 ...more
- Why it's s difficult to remove a judge; Sept 09, 2008 ...more
- Centre moves to impeach HC judge; Sept 09, 2008 ...more
- CJI recommends impeachment of Calcutta HC judge; Sept 08, 2008 ...more

Ghaziabad Judges Scam
- The Hindu; July 15, 2008 ...more
- Hindustan Times; July 15, 2008 ...more
- Indian Express; July 15, 2008 ...more
- Hindustan Times; July 13, 2008 ...more
- The Hindu; July 08, 2008 ...more
- Times of India; July 08, 2008 ...more
- The Telegraph; July 08, 2008 ...more
- ZEE News; July 04, 2008 ...more

Judges' Wealth: Info body seeks opinions

In an attempt to settle the controversy surrounding the implementation of Right to Information Act in the judiciary, the Central Information Commission (CIC) has directed Supreme Court officials and the Department of Personnel and Training to present their views on the matter.

Ex-chief justice under corruption panel scanner

In a development unprecedented in the country's judicial history, the Central Vigilance Commission (CVC), the government's anti-corruption watchdog, has forwarded a set of complaints with allegations of corruption and misconduct against former Chief Justice of India YK Sabharwal to the government for further action.

Judges are Public Servants, not Bosses - J.Krishna Iyer

Contrary to the Chief Justice of the Supreme Court recently said, the Right to Information Act does cover 'constitutional authorities' ...more

Corruption in judiciary: It needs to have an Ombudsman of its own -
Fali S.Nariman

CJA Judicial Accountability

Whether judges are appointed or elected it is their performance on the bench and their accountability for improper activities that is crucial.
While there is great debate as to how judges are put on the bench, the public's dissatisfaction with the so-called independence of the judiciary and with the inadequacy of the judicial disciplinary machinery is disregarded by the Bench and Bar.
We say that our system of government is a democracy. Yet we have a judiciary with absolute power over our courts, unparalleled in history. This power is founded on judicial independence, judicial immunity and control over the Bar. Our system of government is based on separation of powers and does not allow such concentration of power in the judicial branch.
Florida is typical of the legal system throughout the country. Although the judiciary asserts immense power over the lives of individuals and the conduct of businesses, they have rendered themselves totally unaccountable to the public or to any other branch of government.
The judges and lawyers maintain their stronghold on the legal system on the myth that they are the guardians of the constitutional rights of the people and that the lawyers champion these rights in a court of law that is just and fair.
However, the legal profession has become big business, where justice is not the objective but, to keep the clock running for billable hours for the maximum profit. Although judges and lawyers hypothetically take an oath to uphold the laws and the constitution of the land, in many cases that oath might as well have been taken on the cook book, to brew up litigation to use the legal system for an assembly line conversion of the victim's assets into fees, or to confiscate it outright.
Even if, there are some judges and lawyers dedicated to the proper administration of justice, unfortunately there are many who are not. To create fees, lawyers can litigate frivolous, false claims or defenses endlessly and can drag on a simple case for years. To stop the litigation, the attorneys can demand payment, a so-called settlement which in many cases is nothing more than a form of extortion. These practices not only harm the individual litigants but, is an unconscionable waste of the taxpayers' money and clog up the court system.
Many judges acting in conjunction with attorneys, abuse the judicial independence given to them in trust and confidence of the people. The myth is dispelled when we are confronted by judges who disregard the rules; allow the distortion of facts sometimes to the point of perjury; exclude evidence; rely on laws which have no relevance to the legal and factual issues; issue decisions which fabricate facts and are contrary to the record; deliberately omit critical facts from the record; fail to follow the controlling law and precedent; or issue decisions without any stated facts or law; and approve unreasonable and unconscionable fees for attorneys. It is not unusual that property and money are taken from the victims without the required due process and the victims are left with nothing or a token of what they had or were entitled to.

Read about the best judges money can buy Click here Also please read Judges Don't Care About My Life Click here. Judges should be made accountable for the time they spend on the bench Click here. A response to ABA praising judges Click here. A critical assessment of judges by former judge John Malloy click here. According to a poll take by an American Bar Journal survey more than half of Americans are angry and disappointed with the nation’s judiciary. A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable." To read go go to, http://www.abanet.org/journal/redesign/s30survey.html
To see the judicial selection method in the States go to
http://www.ajs.org/selection/sel_state-select-map.asp

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Resources and Articles
-Conflict of interest
Times of India, Manoj Mitta
...more ...more

-Judicial Integrity: Lessons from the past
The Hindu, Anil Divan
...more

- Controversial Choice
Frontline, V Venkatesan
...more

- Who's Big
The Week, Soni Mishra
...more

- Burn after reading
Tehelka, Brijesh Pandy and Sanjay Dubey
...more

- No, your Honour
DNA, R. Jagannathan
...more

- How to clean up the mess
The Telegrah, M.S. Ananth
...more

- India's villages await justice
Hindustan Times, Nagendar Sharma
...more

- The Dinakaran Imbroglio: Appointments and Complaints against Judges
Prashant Bhushan
...more

- Judicial Appointments and norms
The Hindu, Anil Diwan
...more

- Issues raised by láffaire Dinakaran
The Hindu, Justice Krishna Iyer
...more

- Judicial Accountability : Asset disclosures and beyond
Economic and Political Weekly, Prashant Bhushan
...more

- Frontline Interview with Prashant Bhushan on judiciary's accountability to the people
Frontline, V. Venkatesan
...more

- Tehelka interview with Prashant Bhushan on Corruption in the Judiciary
Tehelka, Shoma Chaudhury
...more

- In a higher court
Indian Express, Justice J. S. Verma
...more

- Make declaring judges' assets mandatory for all appointments
The Hindu, Sriram Panchu
...more

- A Call for Accountability
Tehelka, 12th September 2009
...more

- Who judges the judges?
Sunil Sethi, Business Standard, 5th September
...more

- The Judges'Assets imbroglio
Anil Divan, Senior Advocate, Supreme Court of India
...more

- Everything for Justice
V. R. Krishna Iyer
...more

- Vital Stats: Pendency of Cases in Indian Courts
PRS Legislative Research, Centre for Policy Research
...more

- Reluctance to disclose assets creates impression that judge has something to hide
Justice DV Shylendra Kumar, Karnataka High Court
...more

- Indian Judiciary's Crisis of Credibility
Manoj Mitta
...more

- Regulating Conflict of Interest: International Experience with Asset Declaration and Disclosure
By Richard E. Messick
...more

- Sacrificing Human Rights and Environmental Rights at the Alter of “Development”
By Prashant Bhushan
...more

- Needed, transparency and accountability
By V.R. Krishna Iyer, J
...more

- The Judicary; Hopes and Fear
By Prashant Bhushan
...more

- Sending the Right Message
By Joshua Rozenberg
...more

- Courting Controversy - The Supreme Court & PILS
By Prashant Bhushan
...more

- Law above all?
By Suchi Pande, Nikhil Dey and Aruna Roy
...more

- Clean Up the judiciary
By Shanti Bhushan - Times of India: National : 12th October 2007
In 1993, a nine-judge bench of the Supreme Court laid down a new system for making appointments of judges to the high courts and Supreme Court. This system gave enormous powers to a collegium of senior judges of the Supreme Court to select and make recommendations to the government for these appointments. Their recommendations were also directed to be binding on the government and president.
...more

- Background Paper on "Securing Judicial Accountability"
By Prashant Bhushan - Background paper to the seminar on "Securing Judicial Accountabiliy" New Delhi : 9th October 2007
The judiciary in the country today has come to enjoy enormous powers. It is not only the arbiter of disputes between citizens, between citizens and the State, between States and the Union, it also in purported exercise of powers to enforce fundamental rights, directs the governments to close down industries, commercial establishments, demolish jhuggis, remove hawkers and rickshaw pullers from the streets, prohibits strikes and bandhs etc. In short, it has come to be the most powerful institution of the State.
...more

- Majesty of the Judiciary
By V.R. Krishna Iyer - Asian Age: New Delhi : 17th February 2007
The judiciary is the most sublime instrumentality in the country and I have served it for nearly a decade during the best part of my life. This article, written out of reverence for the judicature, has a benign intent meant to arrest its corruption and decline now creeping into its vitals.
...more

- Has The Philosophy Of The Supreme Court On Public Interest Litigation Changed In The Era Of Liberalisation?
By Prashant Bhushan, Advocate
The foundations of public interest litigation were laid in the late 70s with cases like the Ratlam Municipalities case. The scope and breadth of public interest litigation were expanded in the Eighties from the initial environmental concerns, to concerns like bonded labour, child labour, the rights of detenues, inmates of various asylums, the rights of the poor to education, to shelter and other essential amenities which would enable them to lead a life of dignity.
...more

- Contempt of court: need for a second look
By Markandey Katju - The Hindu, Monday, January 22, 2007
In a democracy the people should have the right to criticise judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function.
...more

- Comments of the Committee on Judicial Accountability on the Judges Enquiry Bill, 2006.
by Committee on Judicial Accountability.
...more

- Judicial Accountability or Illusion - the National Judicial Council Bill
by Prashant Bhushan, Advocate
The recent decision of the government to bring a bill to amend the Judges Inquiry Act and provide for the constitution of a National Judicial Council to inquire into complaints against errant judges is being perceived as a long awaited initiative to introduce some accountability for judges of the higher judiciary.
...more

- Access to Justice: Judiciary watch
by Videh Upadhyay, Advocate, Supreme Court
The functioning of a democracy is dependent on the autonomy and efficacy of the three systems of the state, namely, parliament, executive and the judiciary. India in the last two decades has seen rapid erosion of the functioning of the parliament and the executive. In this scenario of failure of the state in ensuring its constitutional obligation and rights to the citizens and initiating social-economic transformation, the judiciary has often played a significant role in upholding the rule of law and thereby protecting the fundamentals of democracy in the country.
...more

Democracy and Justice
by Dunu Roy, Director, Hazards Centre
Is “democracy” a “good thing”? As the general elections approach, there is a concerted push to answer ‘yes’. Whereby, it is conveniently forgotten that for civil liberties to become a rallying cry, it was also necessary for the Emergency to be imposed! And, as one generation gives way before the next, another Emergency slowly creeps up onto an unwary nation. In many ways, the recent drive to clear the banks of the Yamuna in Delhi of slums and to convert the area into a national tourism-cum-cultural complex raises significant questions about the nature of Indian democracy.
...more

- Questions without Answers
by Sukumar Muralidhar & V. Venkatesan, Frontline, Vol 18, Issue 09
Former Law Minister and Senior Advocate Shanti Bhushan releases his correspondence with the Judges of the Supreme Court, the President and the Prime Minister seeking an inquiry into certain allegations relating to Chief Justice of India A.S. Anand.
…more

- On Corruption In Judiciary And Judicial Accountability
by Hardev Singh, Peoples Democracy
A SPATE of scams involving members of higher judiciary in bribery, corruption, sex, favoritism and abuse of power has come as a great shock to the people. The arrest of Shamit Mukherjee, a Delhi High Court judge, just before being made permanent, magnified the shock beyond description so as to hasten the BJP-led government to announce the formation of a National Judicial Commission for appointments to the higher echelons of judiciary.
…more

- Accountability of Supreme Court: Arundhati Roy Case
By S.P.Sathe (EPW April 13, 2002)
Can a citizen of India not criticise the Supreme Court’s decisions? Can she not criticise the procedures and management of the court? Is the court not supposed to be accountable? How will its accountability be enforced if it were made absolutely immune from public criticism?
...more

PUCL Bulletin, August 2002
Judicial accountability
-- By Rajindar Sachar

The former Chief Justice of India, S.P. Bharucha, seemed to be echoing the lament in Hamlet, "Something is rotten in the State of Denmark" when he moaned recently that the integrity of about 20 per cent of the higher Judiciary was in doubt. Article 124(4) of the Constitution provides for the removal of a judge only on the ground of proved misbehaviour or incapacity. The process of impeachment is cumbersome and the result uncertain. Effective alternative measures are necessary because in a democracy governed by the rule of law under a written Constitution the Judiciary has been assigned the role of a sentinel on the qui vive to protect the fundamental rights and to hold even the scales of justice between the citizen and the state.

There are credible complaints against the higher Judiciary. People talk with nostalgia of the not-so-distant past when, win or lose, the integrity of the higher Judiciary was never doubted. As the Supreme Court has said, "judicial office is essentially public trust. Society is, therefore, entitled to expect that a judge must be a man of high integrity, honesty and required to have moral vigor, ethical firmness and impervious to corrupt or venal influences."
Hundreds of years ago, Francis Bacon, in his essay on 'Judicature', emphasised that "the place of justice is a hallowed place; and therefore not only the Bench, but the foot pace and precincts and purpose thereof ought to be preserved without scandal and corruption." But such is the irony that Bacon disgraced himself by indulging in acts of bribery and favouritism at the fag end of his career. This highlights the complexities and the sensitivities in the matter of effective, implementation of judicial honesty.

It is correct that the Supreme Court has neither administrative control over the High Courts nor the power on the judicial side to inquire into the misbehaviour of a Chief Justice or a judge of a High Court. But that does not mean the judge is an absolute master, not answerable for his conduct except through impeachment proceedings.

The Supreme Court has ruled that the Chief Justice of India and two senior colleagues on being prima facie satisfied about the correctness and truth touching the conduct of a High Court judge inconsistent with such high office could proceed against him through a process other than impeachment. In such a case, the judge concerned could be offered the option of resigning or facing an inquiry. I know the alternative of permitting the judge to resign when there has been misconduct may seem like taking the soft option, but considering the place of the Judiciary in our Constitutional frame as the bedrock of the rule of law, I would, to avoid public embarrassment, frankly want to vote for this option unless it involves: an open atrocious misconduct which must be publicly disclosed to serve as a warning.
This Enquiry Committee will have the same personnel as is mandated for the impeachment proceedings, so as to inspire confidence about the impartiality of the proceedings. The plus point in this suggestion is that the constitution of a Committee of Judges to inquire into the misconduct could be initiated by the Chief Justice and his two colleagues and need not await the initiation by the Members of Parliament required for impeaching the judge, as mandated by the Constitution.
Such a mode did work when some years back the then Chief Justice of India posed this alternative to a High Court judge and a Chief Justice and they quietly resigned rather than face impeachment... That is why the idea of a National Judicial Commission has been mooted to deal with appointment of High Court and Supreme Court judges and other connected matters. Of course, the details and the personnel of the judicial commission need to be debated. I am however, convinced that the leader of the Opposition must be a member of the panel.
It is to be hoped that a commission will avoid the need for impeachment proceedings. Regarding removal, the Commission would remain a recommending body. Because, notwithstanding all the drawbacks, I am not convinced that removal of a High Court or Supreme Court judge should be through any method other than impeachment. I feel that removal from such high office should be publicly debated by the highest legislature, the representatives of the people, so that an assurance is given to the judge concerned that he is being judged by the people who in a democratic set - up are real sovereigns.
I also feel that the retirement age of the Supreme Court and High Court judges should be the same. If that happens, all this lobbying, etc., will stop because, barring the case of a judge who may have the chance of being the Chief Justice of India, there will normally be no attraction for a High Court judge in trying into move Delhi, which would involve dislocation of his/her family and normal pattern of life.

The appointment of outside judges as Chief Justices of High Courts has failed. I feel this practice must cease because by following it two infirmities crop up. One, that the new Chief Justices mostly hold office for a short period in the new High Court and are not able to make any imprint on their colleagues or the functioning of the Court. This practice also leads to heartburn because some are appointed Chief Justices of the bigger Courts and some to the smaller Courts on no explainable principle excepting as a rule of thumb - hardly befitting judicial objectivity. Two, I am against the policy of non-consensual transfers of judges from one High Court to another. This policy would weaken the bulwark of our Constitution - namely, independence of the Judiciary - for as Justice Douglas of the U.S. Supreme Court said, "no matter how strong an individual judge's spine, the threat of punishment - (read transfer) is the greatest peril to judicial independence -would project as dark a shadow whether cast by political strangers or by judicial colleagues".

I do not underestimate even for a moment the damage some judges have caused to the judicial institutions by their unethical conduct, but damage control will be better done by selective transfer rather through a general policy.
The transfer policy also gives rise to the syndrome of sycophancy and flattery. That is unfortunate because the High Court, like the Supreme Court, represents the same aspects of sovereignty.
If I sound a bit harsh, I can only invoke the caveat of Justice Holmes of the U.S. Supreme Court, who said, "trust that no one will understand me to be speaking with disrespect of the law because I criticise it so freely. But one may criticise even what one reveres... And I should show less than devotion, if I did not do what in me lies to improve it."
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Comments

An appeal to Shri. Manivannan , Honourable district magistrate , mysore , india

Sun, 01 Nov 2009 13:17:42 +0100

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

AN APPEAL TO Shri. Manivannan , HONOURABLE DISTRICT MAGISTRATE MYSORE

From,

NAGARAJ.M.R,
Editor , e-Clarion of Dalit & e-Voice For Justice ,

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE – 570017

To ,
Shri. Manivannan , IAS ,
Honorable District Magistrate ,
Mysore District .

Dear sir ,
Subject : In response to your telephone call to me on 31.10.2009 at 22:40 hours regarding your demolition drive.
Since 0ctober 2007 , our publication is bringing issues of illegalities of buildings , lands to the notice of government . Many times we have published the articles , appeals for legal actions , all those articles are published & in public domain. Each weekly news paper is sent to various government authorities ( CMO , PMO , SUPREME COURT , RASHTRAPATHI BHAWAN , RAJ BHAVAN , etc ) through e-mail , including the office of deputy commissioner , mysore district (office id dc_mys@dataone.in , dcmys@sancharnet.in, ). For almost since two years we are even sending our weekly paper to your personal id mani300bc@gmail.com ,. Many of our appeals are sent to government authorities through DPG & DARPG on-line grievance registration . after receiving our weekly paper of February 2008 , you have called me over phone in the same fashion & assured me of appropriate legal action. Till date nothing has happened .

Visit following websites to know about the crimes of Indian public servants
CROSS EXAM OF INDIAN JUDGES
http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian...
,
POLICE NOT REGISTERING COMPLAINT
http://sites.google.com/site/sosevoiceforjustice/police-not-registeri...
,

In your tele conversation , you said the articles in our publication as non sense. It may be your view as you are a public servant & being questioned. I do stand by my articles as they are for public good , public welfare & for Accountability of Public Servants. we do have highest respect for all constitutional functionaries & public servants , however the same respect must be reciprocated by public servants & constitutional functionaries towards common people. After all british era is over & we are living in a democracy , some of our public servants & constitutional functionaries are still in british era hangover. If a common man asks for accountability of a public servant , it must not be misunderstood as disrespect or contempt towards the office he / she holds. Fake cases should not be lodged against common people who demand accountability of public servants.
Hereby , I do once again request you to order the Honorable circle inspector of police , vijayanagar police station , mysore to register my following complaint ( which has been submitted to him via e-mail through DGP’s office , DPG & DARPG website and through registered post ). When the case is registered & comes before a court of justice , I will produce the necessary documents before the court. The complaint concerns not just the issue of RTI ACT violations , It is clear case of crime cover-ups by public servants , violation of common people’s FUNDAMENTAL & HUMAN RIGHTS by public servants and finally obstruction by public servants to performance of FUNDAMENTAL DUTIES by citizens of India. If I have to come to your office please issue me written summons , I will attend to it. If I am repeatedly called to your office or else where for the sake of this enquiry , the losses accruing to me like wages , transportation , job loss , etc must be borne by the authorities. The opposite parties who have erred must also be called for enquiry. Thank you. Jai Hind. Vande Mataram.

Date : 01.11.2009…………………………….Your’s sincerely,
Place : Mysore………………………………..Nagaraj.M.R.

POLICE NOT REGISTERING FOLLOWING COMPLAINT

From,

NAGARAJ.M.R,
LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE - 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the
constitution has guaranteed these to every Indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every human being on earth has got HUMAN RIGHTS, by virtue of his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants.

In India , corruption has spread it's tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there
corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is
left high & dry even though the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india's defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

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

INDIA -

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

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

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

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

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

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

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

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

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

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

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

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

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

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

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.

if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal nexus ,
then that compensation money must be donated to Indian Army Welfare
Fund. afterwards , the money must be recovered by GOI as land arrears
from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. thanking
you.
Jai Hind , Vande Mataram.

Date : 04.07.09………………… your's sincerely,

Place : Mysore…………………. nagaraj.m.r.

Comments

DC Manivannan sir - Biased Demolition

Sat, 31 Oct 2009 16:10:43 +0100

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 45 11 / 11 / 2009

Editorial : PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , DISTIRCT MAGISTRATE MYSORE , COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY - biased demolition drive ?
Our publications expresses it's whole hearted support to your
demolition drive against land grabbers - small fishes. what about the
bigger fishes , whales who have grabbed huge govt lands worth
crores , illegally built over corporation drainages , right under HT
electric lines , right on CA sites , right on lakes. Some of these
violations has occurred during your present tenure only , even it has
been brought to your personal notice , no action by you till date ,
why ? Now , MUDA is on the verge of giving whole sale LAND USAGE
CONVERSION FOR HUGE ACRES OF AGRICULTURAL LANDS TO COMMERCIAL ,
RESIDENTIAL , INDUSTRIAL USAGE. Before doing that please publicly
answer the following questionaire.
For the failure to answer our RTI request & to legally prosecute land
grabbers , building bye-law violators , our publication has failed a
criminal complaint against Commissioner MUDA & Commissioner , MCC at
vijayanagar police station , Mysore. Visit following websites to know
about the crimes of Indian public servants
CROSS EXAM OF INDIAN JUDGES
http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian...
,
POLICE NOT REGISTERING COMPLAINT
http://sites.google.com/site/sosevoiceforjustice/police-not-registeri...
,
Our publication has sought information as per RTI Act from MUDA , MCC
& district administration about various irregularities of land
allotment , conversions in & around mysore city. however till date MCC
has not cared to reply , MUDA has only given half truths , district
administration has not given full information at all. the officials of
said authorities are putting onus of giving information on the other.
thereby , the officials are indirectly protecting land mafia . now ,
you are the head of MUDA & DISTRICT ADMINISTRATION and you are well
known for your integrity , honesty of duty . we respect you & request
your kindself to publicly answer the following questions ( WHICH YOUR
OFFICIALS TRIED TO AVOID & HID ) , so that criminals will be put in
the open benefitting the larger public interest. JAI HIND. VANDE
MATARAM.
Your's sincerely,
NAGARAJ.M.R.

PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , I.A.S , HONOURABLE DISTRICT MAGISTRATE , MYSORE

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city's comprehensive city development plan ?
2. how many cases of CDP violations were registered by MUDA / MCC /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP
revision / modification by the authorities ?
4. when an application for alienation of land is made to you , say
from civic amenity site to commercial , what norms are followed by
MUDA / MCC / GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality ,
if the area is already full ? do you deprive people of civic
amenities ?
6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ?
if not why ?
7. in mysore city , many building complexes , buildings have been
built fully violating building bye-laws – no set off , no parking
space , no emergency fire exit , no earthquake tolerant . what action
by MUDA / MCC / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered
by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status
report yearwise ?
9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings
& houses have been illegally occupied by criminal tresspassers since
1987 ?
10. has the MUDA / MCC / GOVERNMENT registered criminal cases against
each such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation MUDA / MCC /
GOVERNMENT has legalized , regularized such illegal occupation just
through MUDA's / MCC's resolution instead of of reallotting the same
through public notification to the next senior most in the waiting
list , after giving notice of allotment cancellation to original
allottee ? if not done so why ?
12. has the MUDA / MCC / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ?
what is the procedure followed ?
13. in mysore city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by
MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?
14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against
such illegal housing societies & illegal real estate firms ? if not
why ?
15. what action MUDA / MCC / GOVERNMENT has initiated against real
estate firms & housing societies who have violated MUDA norms , layout
plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road ,
space for civic amenities , parking space , emergency fire exit , etc
keeping high in the mind safety of people first. MUDA / MCC /
GOVERNMENT is in the practice of levying a pittance as penalty on the
building byelaw violators , layout Development plan violators &
legalizing those
violations. Safety of public & amenities of public are totally
neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer
injuries / accidents – say during a fire tragedy in a complex due to
lack of fire exit , when people park vehicles on pavement in front of
a business complex as the complex doesn't have a parking space of it's
own , the pedestrians going that way are forced to come down on road
resulting in accidents , injuries & deaths . is not the MUDA / MCC /
GOVERNMENT responsible for those accidents , injuries & deaths ?
17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of
Turn allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports
persons , etc have benefited from these out of turn allotments by
MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing
societies , who have violated MUDA / MCC / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority
people illegally live On MUDA / MCC / GOVERNMENT sites building
temporary huts , MUDA / AUTHORITIES with the help of police razes down
those huts & evicts the poor by brute force. Whereas , when cronies of
political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth
crores of rupees & build big complexes earning thousands of rupees
monthly rent , MUDA or authorities not even files police complaint
against them instead regularizes the illegal occupation by levying a
pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA /
MCC / GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are
under illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the MUDA ,AUTHORITIES
recovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals –
tresspassers ? if not why ?
25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient
time to bidders about it's auction schedules ?
26. is the MUDA / MCC / GOVERNMENT giving market value to land
loosers ?
27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands ,
for the same purpose mentioned in the project plan ?
28. is the MUDA / AUTHORITIES acquiring lands at lower rates from
farmers & selling it at a premium , by way making profits just like a
real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage
of whole villagers, forest for the usage of whole village , lands
belonging to village temples. Some villagers have donated their
personal lands to village temples , cattle grazing for the benefit of
whole villagers. All the villagers are stake holders , owners of such
lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have
been closed , filled with mud , developed , sold as sites , etc by
MUDA MCC or other land developers ?
31. has the MUDA , MCC taken alternate steps to create new lakes ,
ponds ? how many are created till date ?
32. in & around mysore city , high tension electric lines are there in
busy residential areas . as per Indian electricity act , no permanent
structures should be under the HT lines. However there are buildings
under it. In some places , HT lines runs in the middle of the road.
The authorities Have developed those areas beneath HT lines as parks ,
rented out
advertisement spaces & built permanent fencing of those areas spending
lakhs of taxpayer's money. This fencing obstructs the movement of
service personnel of electricity board , to service HT line. Are all
these structures under
& surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by
MUDA / MCC / GOVERNMENT or other developers ? specific figures
yearwise since 1987 castewise , religionwise ?
34. in & around mysore city , in how many areas developed by MUDA &
private developers , the sewage water generated in those areas is
directly let into lake , ponds ?
35. how many tributaries , lakes , ponds are killed in this fashion by
MUDA , MCC & other developers , housing societies ?
36. how many business complexes , flats , residential layouts
developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into
unauthorized dumping grounds , lakes , etc . thus disturbing the
environment & creating public health hazard ? how the MUDA / MCC is
monitoring sewage / waste disposal ? status report yearwise since 1987
till date .
37. how many unauthorized housing layouts are there in & around mysore
city ? what action by MUDA / MCC / GOVERNMENT against them ? action
taken report yearwise since 1987 till date .
38. around mysore city , vast areas of village farm lands ,
agricultural lands are acquired by private real estate developers for
non agricultural purposes by a single firm or single owner. Are these
actions legal ? some of these real estate agents have sold those lands
to private industries , multinational companies for crores of rupees.
Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?
40. has the MUDA / MCC , KIADB given wide publicity , public notice
calling for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to MUDA's /
MCC's CDP & KIADB's industrial area development plan ? violations how
many ?
42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on mysore district magistrate
mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?
44.in mysore city , hebbal-hootagalli industrial area , a lake has
been destroyed while building kaynes hotel , hinkal lake is
shrinking , lake in front of BEML Quarters has been alloted to M/S
THRILLER CLOTHING CO, are all these actions legal & in conformance to
MUDA's CDP ? if not why ? what action ?
45. while auctioning off the lands of sick industrial unit M/S IDEAL
JAWA LTD , was there any pre-qualification to bidders that after
purchase of lands only it must be used for industrial use or only
industries can participate in the bidding process ?
46.why not it has been clearly mentioned in the tender document that ,
said land is open for alienation ?
47. about this issue , our publication has even raised it's
objections , in it's newspaper . no action , why ? as a result , the
government , banks , employees were cheated off their dues & the
private firm made huge profits. is this auction & alienation legal ?
48.numerous NGO's , trusts promoted by religious bodies , mutts are
allotted prime lands at preferrential rates , for the reason that they
will use it for public / social welfare. however many of the trusts
are using the whole or part of the land for commercial purposes other
than the stated public / social welfare purpose. what action has been
taken by MUDA , MCC or government in such cases ?
49.how many trusts have violated government norms in this way since
1987 till date? what action taken by MUDA , MCC & government action
taken report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized
by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987
till date ?
51.before regularizing such violations have you sought public
objections & given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some MUDA / MCC /
REVENUE officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial
lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT
before the expiry of lease period , without public auction ?
55. what are the norms followed by MUDA / MCC / GOVERNMENT for the
sale of leased lands to the lessee before the expiry of lease period ?

land scam in Karnataka – an appeal to honourable supreme court of
India & H.E.Honourable Governor Of Karnataka

When a crime is noticed , it is the duty of the government to
investigate who did it ? and to legally prosecute them in court &
provide justice . if thousands of criminals , lakhs of criminals got
together & did the same type of crimes , all of them must be legally
prosecuted. Just for the overwhelming numbers of criminals law of the
land cann't be changed. However in the Karnataka state , many
political bigwigs , rich crooks have done the same crime , LAND
GRABBING – illegal possession of government land & illegal
constructions over it. Important land records of those government
lands , lands belonging to poor are lost in record rooms of civic
bodies ( cunningly destroyed by corrupt officials ) Now, their
political masters are legalizing the crimes . what a shame to the
government of Karnataka ?
The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the
legislative assembly is still probing the land grabbings in Karnataka.
However the government in a hurry , is auctioning – off those
government lands without proper publicity to the auction process ,
sufficient time for bidder's expression of interest. In some cases , a
pittance is levied as penalty for the illegal occupation to get it
legalized. The government is not bothered about legally prosecuting
the illegal occupier of those lands. In many civic bodies , important
property documents belonging to the government & poor are missing from
the record rooms. All these point towards the government intention ,
to legalise the crimes of illegal land occupiers who are nothing but
their own political cronies.
The recent ordinance by government of Karnataka to regularize land
deals is envisaging to legalize the crimes of rich. The illegal land
conversions , land encroachments , encroachment of civic amenities
made by the rich are being legalized with levying a pittance as
penalty in the name of public welfare . Whereas the land worth at
today's market prices are 10's of thousands of crore it is only wefare
of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The
authorities evict poor tribal people from their ancestral forest area
in the name of conservation , evict tribal people from villages in the
name of development without proper rehabilitation measures. The
government is not giving land rights to slum dwellers , poor , dalits
over the land they are dwelling , the government is deaf to appeals of
dalits for land rights. However the same government is sympathetic to
rich who have encroached land & built huge commercial complexes worth
crores violating all norms with total disregard to civic amenity or
safety.
Hereby , HRW appeals to honourable supreme court of India , to annul
the bid process of government of Karnataka with respect to illegally
occupied government lands & to annul this ordinance of government of
Karnataka which seeks to legalize land crimes.

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary - An appeal ( PIL ) to the honourable supreme court of India
The recent attempts by government of India & other state governments
to legalise land grabbings by enacting new land laws in the name of
public welfare is farce . while crores of people are without shelter &
are living on streets , people in slums , tribal lands are struggling
for land rights since decades the governments were mum & deaf. Now ,
as the rulers themselves & their cronies have built illegal
constructions running into crores they are shedding crocodile tears in
the name of public welfare. In india, various state governments have
enacted " town municipal / city corporation laws & building laws" , to
ensure orderly growth of cities & towns , to ensure the safety of
buildings & it's occupants , to ensure the safety of pedestrians &
road users.
Numerous educated people , ruling elite – ministers , police ,
government officials , M.Ps , M.L.As , etc knowing fully well about
the laws have illegally built bungalows , commercial complexes ,
throwing to wind all laws. In their greed they have shown utter
contempt towards law. They have encroached dried –up lakes ,
rivulets , rain flow paths , drainages , foot paths , civic amenity
sites. In their building there are violations of- lack of fire safety
exits , lack of parking space , encroachment of foot paths ,
conservancy line , drainages , etc.
There is wide spread corruption in the corporation / municipal
authorities. For a price officials have converted CA sites to
commercial purposes , authorised deviations / encroachments of public
lands like foot paths , drainages , parking space , set-off , etc. The
corporation officials themselves are violating city master plans. Even
before authorising the conversions & encroachments of lands , the
corporation officials are not making alternate arrangements. By all
these corrupt deeds many of the corporation officilas have become
millionaires . however more & more road accidents are taking place ,
building collapses & fire tragedies are occurring , during heavy
rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF
HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken
place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE
DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT
ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government
of karnataka instead of protecting the PIL applicant & upholding the
law has taken sides with the land grabbers.
The state governments of karnataka & delhi has got M.L.As & officials
who have themselves violated building laws & grabbed govt lands. Now ,
the two govts are contemplating to bring in laws regularising these
land grabbing crimes for a pittance as penalty. All to by-pass
judiciary. The governments are least bothered about the lives of poor
& only too caring towards the land grabbing criminals. The same
governments have not yet given land rights to poor slum dwellers /
dalits , land rights to tribals living in forest since centuries ,
land rights to poor agricultural labourers, where as it is full of
concern towards rich & mighty land grabbers – criminals. Bottom line –
whatever be the magnitude of crime if you are rich & mighty law will
be bended to suit you , by bad luck if you are a poor folk you are
bound to suffer being on the right side of law also. Hereby , HUMAN
RIGHTS WATCH urges requests the honourable supreme court of india , to
register this as a PIL , to provide protection to the PIL applicant in
bangalore & to take appropriate actions against the GOK & GOD nipping
at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for
industrial purpose only. so, people with other commercial objectives
were not allowed to participate in the auction. Thereby, the final
auctioned amount was very much less than the market value. This has a
direct bearing on employees of that industry , lending banks , govt
dept , etc who have all put forward their claims for dues from that
industry. noW, all of them are getting very much less than what is due
from the closed company. A loss of crores of rupees to banks ,
government , employees has been made by the cunningness of civic
bodies.
Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to
give land usage conversion to the new occupier, who is building posh
villas & resorts here. Is it right & justified ? should not they
conduct auction once again or charge market value to the new owner.
LAND MAFIA IN KARNATAKA
The land mafia which has links with political leadership & top govt
servants in the state, is running business widely in & around
bangalore,mysore & other major towns. The authorities like city
corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the
lands meant for public welfare in favour of land mafia. The
authorities have earmarked these lands for public welfare ie parks ,
schools , hospitals at the planning stage itself for current & future
needs of the people. In most cases the land mafia has illegally
occupied the lands , built commercial complexes & sold it for crores
of rupees.
1. the authorities are not demolishing these illegal structures &
prosecuting the occupiers.
2. In some cases the authorities are denotifying , regularizing those
illegal occupations by levying a pittance as penalty which is very
much less than the market value.
3. In some cases for example a notified site for school is alloted to
an educational trust. They build 2 rooms in 25% of the site & state
that this is free school meant for weaker sections. After a year or
two , they state before the authority that to run this school they
need funds. So they are planning to build commercial complexes around
the school site & by the rent collected from shops they will run the
school. In this manner sites meant for schools , hospitals , temples &
other social organisations apply for conversion of land usage & use
major portion of the land for commercial purposes.
Hereby , our publication urges the govt of karnataka & other
authorities ,
1. to clearly demarcate the govt lands & announce it boldly to the
public.
2. To clearly demarcate lands meant for public amenities both for
current & future usage.
3. To clearly demarcate lands required for town planning say 20 years
down the line.
4. To clearly mention in such plans the purpose it is reserved for ie
parks , hospitals , schools , etc.
5. To impartially act against illegal occupiers – rich or poor.
6. Say while denotifying a land meant for school an alternate land for
school must be incorporated in the original plan.
7. Before denotification public objections must be called for &
considered responsibly.
8. After denotification the land must be sold at the market rate not
the govt rate.
9. In case of land usage conversion also the objections from the
public must be called for & considered responsibly.
10. After land usage conversion an alternate land must be incorporated
in the plan for the original use.
11. In case of land usage conversion also the occupier must be charged
at the market value.
12. To declare annually the property details of all officials with
denotifying / land usage conversion authorities together with details
of their family member's properties with provision for public
scrutiny, cross checking.
13. To ruthlessly prosecute the corrupt officials & ministers.
14. To make public the report of past district magistrate mysore mr.
T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore.
Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT
Different political parties are trading charges against each other
about illegalities in the mysore-bangalore expressway project. Grave
mistakes have been committed by the previous state governments. The
saving grace is judiciary has taken note of it. The fundamental
principle behind land acquisitions by the governments is to use that
acquired lands for public welfare. As the govt acquires the land with
this noble intentions even the land looser contents himself with
compensation at govt rate. Always the govt rate is much below market
value. If at all the govt wants to give out that acquired land to a
private party for private use or for the use of a selected few, the
govt must give prevailing market rate to the land looser. In such
cases the govt does not have authority to force the land owner to sell
his property.
In this mysore-bangalore 4 lane expressway project, following
inconsistencies are there,
1. this road is not for free public use, but only for those who pays
the toll fees.
2. The luxurious resorts , townships , etc which are to be built
alongside this road are not open for free public usage but only for
the rich who can afford it.
3. The govt has concluded this deal in a hush-hush manner.
4. Any disputes raised by this project should be addressed to
international arbiter at london which a poor land owner or general
public can ill-afford.
5. The govt has not paid the prevailing market value to the land
loosers.
6. The govt has not given the option to land owners not to sell their
property.
7. This whole project is for rich , built by the rich for the rich &
not meant for public welfare.
The govt must give back the lands to the owners who wants it back &
must pay the market value to those willing to sell. As this project is
built by wealthy people for wealthy people why cann't they cough- up
market value?
APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA
APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 )
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.
1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city's comprehensive city development plan ?
2. how many cases of CDP violations were registered by MUDA / MCC /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP
revision / modification by the authorities ?
4. when an application for alienation of land is made to you , say
from civic amenity site to commercial , what norms are followed by
MUDA / MCC / GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality ,
if the area is already full ? do you deprive people of civic
amenities ?
6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ?
if not why ?
7. in mysore city , many building complexes , buildings have been
built fully violating building bye-laws – no set off , no parking
space , no emergency fire exit , no earthquake tolerant . what action
by MUDA / MCC / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered
by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status
report yearwise ?
9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings
& houses have been illegally occupied by criminal tresspassers since
1987 ?
10. has the MUDA / MCC / GOVERNMENT registered criminal cases against
each such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation MUDA / MCC /
GOVERNMENT has legalized , regularized such illegal occupation just
through MUDA's / MCC's resolution instead of of reallotting the same
through public notification to the next senior most in the waiting
list , after giving notice of allotment cancellation to original
allottee ? if not done so why ?
12. has the MUDA / MCC / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ?
what is the procedure followed ?
13. in mysore city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by
MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?
14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against
such illegal housing societies & illegal real estate firms ? if not
why ?
15. what action MUDA / MCC / GOVERNMENT has initiated against real
estate firms & housing societies who have violated MUDA norms , layout
plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road ,
space for civic amenities , parking space , emergency fire exit , etc
keeping high in the mind safety of people first. MUDA / MCC /
GOVERNMENT is in the practice of levying a pittance as penalty on the
building byelaw violators , layout Development plan violators &
legalizing those
violations. Safety of public & amenities of public are totally
neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer
injuries / accidents – say during a fire tragedy in a complex due to
lack of fire exit , when people park vehicles on pavement in front of
a business complex as the complex doesn't have a parking space of it's
own , the pedestrians going that way are forced to come down on road
resulting in accidents , injuries & deaths . is not the MUDA / MCC /
GOVERNMENT responsible for those accidents , injuries & deaths ?
17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of
Turn allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports
persons , etc have benefited from these out of turn allotments by
MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing
societies , who have violated MUDA / MCC / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority
people illegally live On MUDA / MCC / GOVERNMENT sites building
temporary huts , MUDA / AUTHORITIES with the help of police razes down
those huts & evicts the poor by brute force. Whereas , when cronies of
political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth
crores of rupees & build big complexes earning thousands of rupees
monthly rent , MUDA or authorities not even files police complaint
against them instead regularizes the illegal occupation by levying a
pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA /
MCC / GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are
under illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the MUDA ,AUTHORITIES
recovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals –
tresspassers ? if not why ?
25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient
time to bidders about it's auction schedules ?
26. is the MUDA / MCC / GOVERNMENT giving market value to land
loosers ?
27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands ,
for the same purpose mentioned in the project plan ?
28. is the MUDA / AUTHORITIES acquiring lands at lower rates from
farmers & selling it at a premium , by way making profits just like a
real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage
of whole villagers, forest for the usage of whole village , lands
belonging to village temples. Some villagers have donated their
personal lands to village temples , cattle grazing for the benefit of
whole villagers. All the villagers are stake holders , owners of such
lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have
been closed , filled with mud , developed , sold as sites , etc by
MUDA MCC or other land developers ?
31. has the MUDA , MCC taken alternate steps to create new lakes ,
ponds ? how many are created till date ?
32. in & around mysore city , high tension electric lines are there in
busy residential areas . as per Indian electricity act , no permanent
structures should be under the HT lines. However there are buildings
under it. In some places , HT lines runs in the middle of the road.
The authorities Have developed those areas beneath HT lines as parks ,
rented out
advertisement spaces & built permanent fencing of those areas spending
lakhs of taxpayer's money. This fencing obstructs the movement of
service personnel of electricity board , to service HT line. Are all
these structures under
& surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by
MUDA / MCC / GOVERNMENT or other developers ? specific figures
yearwise since 1987 castewise , religionwise ?
34. in & around mysore city , in how many areas developed by MUDA &
private developers , the sewage water generated in those areas is
directly let into lake , ponds ?
35. how many tributaries , lakes , ponds are killed in this fashion by
MUDA , MCC & other developers , housing societies ?
36. how many business complexes , flats , residential layouts
developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into
unauthorized dumping grounds , lakes , etc . thus disturbing the
environment & creating public health hazard ? how the MUDA / MCC is
monitoring sewage / waste disposal ? status report yearwise since 1987
till date .
37. how many unauthorized housing layouts are there in & around mysore
city ? what action by MUDA / MCC / GOVERNMENT against them ? action
taken report yearwise since 1987 till date .
38. around mysore city , vast areas of village farm lands ,
agricultural lands are acquired by private real estate developers for
non agricultural purposes by a single firm or single owner. Are these
actions legal ? some of these real estate agents have sold those lands
to private industries , multinational companies for crores of rupees.
Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?
40. has the MUDA / MCC , KIADB given wide publicity , public notice
calling for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to MUDA's /
MCC's CDP & KIADB's industrial area development plan ? violations how
many ?
42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on mysore district magistrate
mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?
44.in mysore city , hebbal-hootagalli industrial area , a lake has
been destroyed while building kaynes hotel , hinkal lake is
shrinking , lake in front of BEML Quarters has been alloted to M/S
THRILLER CLOTHING CO, are all these actions legal & in conformance to
MUDA's CDP ? if not why ? what action ?
45. while auctioning off the lands of sick industrial unit M/S IDEAL
JAWA LTD , was there any pre-qualification to bidders that after
purchase of lands only it must be used for industrial use or only
industries can participate in the bidding process ?
46.why not it has been clearly mentioned in the tender document that ,
said land is open for alienation ?
47. about this issue , our publication has even raised it's
objections , in it's newspaper . no action , why ? as a result , the
government , banks , employees were cheated off their dues & the
private firm made huge profits. is this auction & alienation legal ?
48.numerous NGO's , trusts promoted by religious bodies , mutts are
allotted prime lands at preferrential rates , for the reason that they
will use it for public / social welfare. however many of the trusts
are using the whole or part of the land for commercial purposes other
than the stated public / social welfare purpose. what action has been
taken by MUDA , MCC or government in such cases ?
49.how many trusts have violated government norms in this way since
1987 till date? what action taken by MUDA , MCC & government action
taken report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized
by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987
till date ?
51.before regularizing such violations have you sought public
objections & given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some MUDA / MCC /
REVENUE officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial
lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT
before the expiry of lease period , without public auction ?
55. what are the norms followed by MUDA / MCC / GOVERNMENT for the
sale of leased lands to the lessee before the expiry of lease period ?
YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR
2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
REMARKS :
PIO of O/O commissioner , Mysore urban development authority , Mysore failed to provide full information to us.
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE .
DATE : 21.04.08 YOUR’S SINCERELY,
PLACE : MYSORE NAGARAJ.M.R.

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ ,
Raja faces heat as CBI raids DoT on 2G scam
Turning the heat on telecom minister A. Raja, the Central Bureau of
Investigation (CBI) has registered a case saying there was large scale
corruption in the allocation of 2G (second generation) radio spectrum
licences.
Raja, the second-time telecom minister in the UPA government, had
repeatedly denied any corruption in the 2G allocation to private
companies in 2008. The FIR filed by CBI on Thursday names no person
but merely mentions unknown officials of the department of
telecommunications (DoT) and unknown private persons and companies as
the accused.
The agency raided the DoT office in Sanchar Bhawan and the search for
incriminating documents was on till late night in the wireless
planning cell and in the office of the deputy directorgeneral (access
services) of DoT. Top bureaucrats of the ministry are under the CBI
scanner. The FIR confirms allegations of "serious irregularities" in
the award of the spectrum licenses and a criminal conspiracy woven
between DoT officials and certain private companies.
However, telecom minister A. Raja ruled out resignation in the wake of
CBI searches in his ministry. "The question of my resignation does not
arise. All decisions on spectrum licensing have been taken in
accordance with procedures laid down by Telecom Regulatory Authority
of India (Trai) and in consultations with the Prime Minister," he told
reporters.
But the CBI FIR said, "The licenses were awarded to these companies by
putting a cap on the number of applicants against the recommendations
of the Trai. The licences to these private companies were given on a
first-come-first-served basis at the rates of 2001 - which were very
low - without any competitive bidding." CBI has acted within days of
the Central Vigilance Commission ( CVC) asking for a comprehensive CBI
probe. "The CVC findings show the spectrum was not allocated at the
present market- driven price, no auction process was followed and no
bids were invited. We will now quiz senior DoT officials, including an
IAS officer," a senior CBI official said.
"The scam could run up to Rs 22,000 crore. Firms which got the
licences at throwaway prices later sold their stake to foreign
operators at huge prices," he added. SOURCES said the CBI probe will
concentrate on specific aspects like why DoT did not go for the
auction process in accordance with Trai guidelines and instead opted
for a firstcome- first- served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given the licences.
" CBI will further analyse documents to ascertain if the DoT had
cabinet approval for going ahead with its idea of not inviting global
bids for such a big project," according to sources.
Two companies that got these licences in 2008 - Swan Telecom and
Unitech - are allegedly under CBI investigation. Swan Telecom got the
license for a mere Rs 1,537 crore. It then sold its stake to a foreign
operator at nearly three times the amount within a few months. Unitech
got the spectrum licence for Rs 1,650 crore from the DoT, which too,
sold its stake to a Norwegian company for over four times this amount.
" The end loser was the government, which could have earned thousands
of crores more," said a CBI official.
In 2008, the government had issued new licences bundled with start- up
4.4 MHz spectrum at a fee of Rs 1,651 crore.
UNDER SCANNER
CBI will probe why DoT didn't go for the auction as per Trai norms &
opted for a first-come-first-served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given licences.
The scam could run up to Rs 22,000 crore. Firms which got the licences
at throwaway prices later sold their stakes to foreign telcos at big
prices.
Two firms that got these licences in 2008 - Swan Telecom and Unitech -
are under CBI investigation.

BJP demands sacking of A.Raja over 2G spectrum scam
The Bharatiya Janata Party (BJP) on Monday reiterated its demand that
Telecom Minister A.Raja be sacked for his controversial role in the
allocation of 2G spectrum.
Addressing a news conference in the capital here this afternoon, BJP
General Secretary Arun Jaitely claimed that by allocating 2G spectrum
at prices that were in existence in 2001 and not what was the
prevailing rate in 2009, A.Raja had colluded in a fraud and loss of
more than Rs.60,000 crores, making it the largest scam in independent
India history.
"It is unfortunate that the Prime Minister has chosen to comment on
the innocence of the minister, even while the investigations are on.
There was no occasion for the Prime Minister to send such a signal to
the investigative agencies directly under him," Jaitely said.
"This country has been robbed of a large amount of money by this
misdemeanour of the Telecom Department. The compulsions of the
coalition politics should not come in the way of an honest
investigation. Propriety requires that while the investigations are
under way, the minister should cease to be in office. His continuation
in that ministry is itself a deterrent to an honest and independent
investigation," he added.
"The entire nation is closely watching this investigation. Let this
investigation not result in holding civil servants guilty and the
minister innocent. It was the minister who is the prime accused and
the civil servants were only carrying out his dictates," Jaitely
further said.
He said that with the Central Bureau of Investigation registering a
regular case with regard to the allotment of spectrum for the 2-G
license issued by the Department of Telecommunications in 2007; the
offices of the Department of Telecommunications have been searched and
various documents have been seized, there was serious ground to assume
that an impropriety had been committed in the public domain.
"To Shri A. Raja's statement that he had kept the Prime Minister
informed of what he was doing, the Prime Minister has said - " I would
not like to join the issue in the public with my Cabinet colleague."
Obviously, the Prime Minister is in no position to agree or disagree,"
Jaitely said. The allegations against Shri A. Raja and the officers of
the Department of Telecommunications are very clear, Jaitely said,
adding that the BJP had raised the issue in Parliament during the
Monsoon Session.
He said that the party had then demanded prosecution of the minister
and other officers under Section 13(1)(d) of the Prevention of
Corruption Act.
This provision provides for imprisonment of seven years, Jaitely said,
adding that Raja is primarily liable for this offence.(ANI)

2G row: Raja accuses NDA of Rs 1 lakh crore scam
NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has
alleged that the NDA Government had unlawfully allocated 2G spectrum
to some operators and reduced license fee without any approval from
the Cabinet or recommendation from TRAI. He alleged this has incurred
the government a loss of approximately one lakh crore rupees.
"On record it had been observed that the license fee was brought down
to Rs 1000 crore to benefit some of the operators. The whole spectrum
allocation and license fee reduction is estimated to have cost rupees
one lakh crore to the government," alleged Raja.
While addressing the curtain raiser event of Indian Telecom 2009 here
today the minister also criticized BJP leader Arun Jaitley, who has
demanded his resignation, for defending a major operator in court.
"Arun Jaitley himself appeared before the court to defend an operator.
Now his legal brain is fighting with political brain. I don't know
what will be the outcome," said Raja.
Raja slammed the previous NDA regime for allocating excess spectrum
without any approval of the Cabinet and recommendation from TRAI.
"There was no policy of issuing beyond 4.4 MHz spectrum to an operator
but there were allocation made beyond 4.4 MHz to some of the
operators," said the telecom minister.
Raja further added that despite clear orders which said that no
allocation should be made in the band of 900 MHz, NDA allocated
spectrum to some of the operators.
"The government has approved through clear orders that there should be
no allocation from 900 MHz spectrum band but willfully and ignoring
the law, this 900 MHz band was allocated to some operators during
NDA," said Raja.
"There was allocation of 250 MHz spectrum without any upfront charge.
Additionally there was no revenue sharing for allocation of spectrum
beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their
ancestral property? I am the first minister to say that spectrum
allocation should be done on upfront charges," said Raja.
He also said the NDA ministers did not go for TRAI recommendation and
also there was no revenue sharing.
The minister also said that the reduction in the license fee benefited
some of the operators.
However, Raja did not answer the questions on the amendment that were
made during NDA Government at the time of introduction of Unified
Access Service Licenses (UASL) on October 31, 2003, whereby it was
decided that the future licenses would not be given on 'first come
first serve' basis but should be auctioned.
On October 27, 2003, TRAI in its recommendation on UASL had opined
that on availability of additional spectrum additional players could
be added by multi-stage bidding process.
TRAI, in Section 7.39 of this recommendation, mentioned that "As the
existing players have to improve the efficiency of utilization of
spectrum and if Government ensures availability of additional spectrum
then in the existing Licensing Regime, they may introduce additional
players through a multi-stage bidding process as was followed for 4th
cellular operator."

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

Comments

Cross Examination of Indian Judges

Tue, 27 Oct 2009 16:17:24 +0100

Cross Exam of Indian Judges
S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom

The following live case is an actual example for failure of judiciary & police in india. It is a perfect case study for students of law , university graduate students , lawyers / advocates , police , judges , human rights / civil rights activists , groups , NGO in india & elsewhere.

QUESTIONS HONOURABLE CHIEF JUSTICE OF INDIA & H.E. HONOURABLE PRESIDENT OF INDIA ARE AFRAID TO ANSWER

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 JUSTICE ,
# 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 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 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. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution 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.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

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

PUBLIC INFORMATION OFFICER , O/O H.E.HONOURABLE PRESIDENT OF INDIA , GOI , NEW DELHI.

DATE : 05/09/2009 ………………………NAGARAJ.M.R.
LACE : MYSORE ……………………….( APPLICANT)

RTI APPEAL Via Web NEGLECTED TILL DATE by Honorable Supreme Court Of India

TO,

SHRI.M.P.BHADRAN ,

Honourable Registrar ( ADMN ) / Apellate Authority,

Supreme court of India,

New Delhi.

Subject : RTI APPLICATION NO : Dy.no.541/RTI/08-09/SCI dated 18.12.08 appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07

On-line grievance no: DPG/M/2009/80057

Kindly go through the following articles & provide justice by giving complete
truthful information to us. Till date , you have not replied to my appeal sent
through e-mail , why ?

answer the following questions , why public servants are afraid to answer it ?
what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogspot.com/

Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007 & Dy.No.541/RTI/08-09/SCI DATED 18.12.2008 . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & euitable justice. JAI HIND. VANDE MATARAM.

Your's sincerely,

Nagaraj.M.R.

RTI APPEAL Via Web NEGLECTED TILL DATE by H.E.Honorable President Of India

TO,

Smt. Rasika Chaube ,

Internal Financial Advisor & Appellate Authority ,

President's Secretariat ,

Rashtrapati Bhavan ,

New Delhi.

Subject : RTI APPLICATION NO : 1119/RTI/12/08-09

On-line grievance no: DPG/M/2009/80058

Kindly go through the following articles & provide justice by giving complete truthful information to us. Till date , you have not replied to my appeal sent through e-mail , why ? answer the following questions , why public servants are afraid to answer it ? what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogpot.com/

Hereby , we seek complete truthful information from H.E. Honorable President of India , with respect to my RTI application appeal . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. JAI HIND. VANDE MATARAM.

Your's sincerely,

Nagaraj.M.R.

Police NOT Registering Complaint
S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom

POLICE NOT REGISTERING FOLLOWING COMPLAINT

From,

NAGARAJ.M.R.

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE - 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats - unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it's tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people's last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon'ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india's defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

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

INDIA -

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

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

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

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

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

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

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

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

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

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

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

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

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

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

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

Date : 04.07.09………………… your's sincerely,

Place : Mysore…………………. nagaraj.m.r.

Comments

INJUSTICE TO BHOPAL GAS VICTIMS

Mon, 19 Oct 2009 09:24:31 +0200

S.O.S - eVoice For Justice - e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R...vol.5.issue.43....24/10/2009

Editorial : JUDICIAL ACCOUNTABILITY IN INDIA

- URGENT NEED OF THE HOUR

After 62 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs ï¿½ cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?

READ FULL ARTICLE AT : http://sites.google.com/site/sosevoiceforjustice/accountability-of-indian-judges

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law ï¿½ protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody ï¿½ neither state nor public.

Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants. JAI HIND. VANDE MATARAM.

Your's sincerely,

Nagaraj.M.R.

END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

Shortly before midnight on 2 December 1984, thousands of tonnes of deadly chemicals leaked from Union Carbide's pesticide plant in Bhopal, central India. Around half a million people were exposed. Between 7,000 and 10,000 people died in the immediate aftermath and a further 15,000 over the next 20 years.

Nearly 25 years later, the factory site has not been cleaned up. More than 100,000 people continue to suffer from ongoing health problems. Efforts to provide rehabilitation – both medical care and measures to address the socio-economic effects of the leak – have fallen way short of what is needed.

Many of those affected are still waiting for adequate compensation and the full facts of the leak and its impact have never been properly investigated. No one has ever been held to account for what happened at Bhopal and efforts by survivors' organizations to use the Indian and US court systems to see justice done and gain adequate redress have so far been unsuccessful.

Bhopal is not just a human rights tragedy from the last century – it is a human rights travesty today. The legacy of Bhopal persists because the people of Bhopal have never been able to claim their rights. Moreover, the negative impacts of the leak are affecting new generations. Studies have shown how the exposure to the toxic gas causes long-term effects, which can continue in children born in gas-exposed families.

For 25 years the Indian government has failed the people of Bhopal. Promises have been repeatedly broken and no adequate action has ever been taken to address the impacts of the gas leak.

No company can be allowed to evade responsibility for the impacts of its operations. Union Carbide must be held to account for what happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must cooperate fully with the Indian government and the courts in India to ensure justice is done and the site is fully cleaned up.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984.

Now, refer the following:-

1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released.

2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure.

3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of
India.

4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L

5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings

6. Even the Government of India didn't present the case of victim's-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice?

After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.

Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C.

Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up.

In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum.

An appeal to honourable supreme court of USA & HE Honourable president of USA Mr.Obama

Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it's rescue.

However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ?

Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,

1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy .

2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense.

4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries.

CALL ON US PRESIDENT & US CONGRESS

Dear President Obama and members of Congress,

I welcome President Obama's executive orders to close Guantanamo and end the use of torture. Further, I welcome the appointment of a Special Prosecutor to investigate a number of cases of detainee abuse as a positive steps toward accountability. However, I am deeply concerned that human rights violations—and impunity for human rights violations--continue. This in spite of the fact that human rights violations are immoral, illegal and—according to military and intelligence experts—ineffective and counterproductive.

There is an alternative. I am writing to urge you to respect human rights, follow the law and counter terror with justice:

- Ensure accountability for torture and abuse, as required by law. Set up or support an independent commission of inquiry to investigate torture and other human rights violations committed by the U.S. government in the name of countering terrorism; ensure that all those who broke the law are prosecuted; and ensure redress and remedy to victims;

- Reject indefinite detention and unfair military commissions. Guantanamo detainees must either be charged with a crime and fairly tried in U.S. federal court, without recourse to the death penalty, or be released, to countries where their human rights will be respected;

- Bring U.S. detentions at Bagram and other U.S. facilities in Afghanistan and Iraq into compliance with international law and human rights standards;

- Close all possible loopholes for torture and other ill-treatment, and end any use of rendition and secret detention by or on behalf of the U.S. authorities anywhere.

The U.S. government is required by law to respect human rights and to ensure accountability for human rights violations. I call on you to follow the law.

Your's Sincerely,

nagaraj.m.r.

Address the root causes that breed insurgency

PUCL Press statement on ongoing fight between state and Maoists

-- By Pushkar Raj General Secretary, PUCL
9 October 2009

PUCL strongly condemns the brutal killing of the police officer by the alleged naxalites in Jharkhand. It is an unacceptable act of gravest human rights violation by the people who claim to work for the down trodden and poor. It is a long standing firm belief of PUCL that violence in any form can never be a means to achieve any end howsoever grand that might be. There is no place for such mindless violence in a democratic state and society that India is.

PUCL watches with pain the fight between security forces and Maoists in some parts of Chattisgarh. While it is a clear case of war against one's own people by the state, Maoists too with adoption of violent means of struggle has undermined the liberal and democratic spirit of the Indian Constitution. While innocent civilian are losing lives, the ongoing mindless fight between the two parties is a clear case of impasse in which there is and will be no winner.

PUCL believes that the Indian state must address the root causes of the social and economic conditions that breed insurgency like situation where in a group of people is compelled to take arms against the state. Clearly this kind of insurgency breeds because of violation of basic human rights of the people. The mindless vested class centric development and consequent displacement and impoverishment of tribals must stop. The tribals must get adequate opportunities for means livelihood, education and health. On the other hand the Maoist must desist from using violent means of struggle that causes severe misery and deaths of the tribals on whose name they unleash the violence in turn harming the hapless innocent people. One must bear in mind that in a democratic country the ends achieved through the violence means are neither desirable nor lasting. The only way for a harmonious solution of the present deadlock is negotiations between the two parties. The Indian government must reverse its stand of crushing Maoist through military means and must engage them in a dialogue.

Now that Indian state has captured one of the senior ideologue of the insurgent groups, PUCL appeals to the government of India that channels of negations between the two parties must be explored and an honourable solution to the ongoing violent struggle be sought to the mutual satisfaction of the both parties. Maoist must also come forward and negotiate with the government for legitimate rights of the downtrodden people for whom they supposedly are fighting.

Uranium Corporation of India Limited: Wasting Away Tribal Lands

by Moushumi Basu, Special to CorpWatch
October 7th, 2009

Creative Commons Licensed: Adapted by Ionia Kershaw for Truthout.org (via Flickr)

"I have had three miscarriages and lost five children within a week of their births," says Hira Hansda, a miner's wife. "Even after 20 years of marriage we have no children today." Now in her late forties, she sits outside her mud hut in Jadugoda Township, site of one of the oldest uranium mines in India.

The Uranium Corporation of India Limited (UCIL) operates that mine, part of a cluster of four underground and one open cast mines and two processing plants, in East Singbhum district in the Eastern Indian state of Jharkhand. The deepest plunges almost one kilometer into the earth.

Incorporated as a public sector enterprise under the Department of Atomic Energy (DAE) in 1967, UCIL has sole responsibility for mining and processing all of India's uranium. And since the strength of the Jadugoda region's uraninite ore is extremely low, it takes many tons of earth as well as complex metallurgical processes to yield even a small amount of useable uranium ore—along with tons of radioactive waste, disposed of in unlined tailing dams.

UCIL processes the ore into yellowcake and sends it to the Nuclear Fuel Complex in Hyderabad, where it is officially designated for use in nuclear reactors. But it is an open secret that some of the nuclear material becomes the key ingredient in India's nuclear arsenal. (India is one of only three states—along with Israel and Pakistan—that are not signatories to the Treaty on the Non-Proliferation of Nuclear Weapons. North Korea withdrew from the Treaty in 2003.)

Unhealthy Villages

Radiation and health experts across the world charge that toxic materials and radioactivity released by the mining and processing operations are causing widespread infertility, birth defects and cancers. A 2008 health survey by the Indian chapter of International Physicians for Prevention of Nuclear War (IPPNW), found that "primary sterility was found to be more common in the people residing near uranium mining operations area."

Jadugoda residents Kaderam Tudu and his wife, Munia, considered themselves fortunate when their infant was born alive, until, "I found that my baby son did not have his right ear and instead in its place was a blob of flesh," says Tudu, a day worker in his late thirties. Their son, Shyam Tudu, now eight, has a severe hearing impairment.

Even children who appear healthy are impacted. "The youths from our villages have become victims of social ostracism," says Parvati Manjhi, and cannot find spouses. "And a number of our girls have been abandoned by their husbands, when they failed to give birth," Now middle-aged, Parvati and her husband, Dhuwa Manjhi, who used to work for UCIL, are childless.

Harrowing tales fill the region around the mines, and add irony to the area's name, Jharkhand, which in the local tribal language means "forest endowed with nature's bounties." If the lush land was the indigenous population's boon for centuries, its rich mineral reserves have become their bane. Six decades of industrialization has depleted the forest cover, degraded the environment, displaced tribal peoples—who along with Dalit ("untouchables") form an oppressed underclass—and devastated a way of life deeply interwoven with nature.

Despite India's economic boom and proximity to one of the country's richest mineral reserves, the villages in Jharkhand are now among the poorest in the country, according to the Center For Science & Environment's (New Delhi) 2008 report "Rich Lands Poor People."

Uranium Corporation of India Limited in Jharkhand

UCIL's underground mines in Jadugoda, Bhatin, Turamdhih, Narwapahar, and its open cast mine at Banduhurang extract 1,000 tons per day (TPD) of uranium ore. Two underground mines in the pipeline at Baghjata and Mahuldih will boost that amount. The ore is processed at the Jadugoda and Turamdih mills with a combined capacity of 5,000 TDP. The company earned $64 million in 2007-08, and made a $3 million profit.

The 20-year lease for UCIL's mines was up in 2007, and a new application is being processed. Under it, the company wants to add 6.37 hectares to tailing dam capacity and expand production, according to UCIL Chairman and Managing Director Ramendra Gupta. This move requires an Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) drawn up by the Central Institute of Mining & Fuel Research (CIMFR), along with a public hearing.

Addressing the affected community at the May public hearing in Jadugoda, the company represented the local plans as "a marginal expansion." But the UCIL website promises "a quantum leap in UCIL's activities" that includes plans to "deepen the existing mines, expand its processing facilities," and "not only opening new mines, but also the development of the community around its operations."

While the company has created local schools and provides jobs and social services, villagers who attended the hearing argued that these provisions do not compensate for the health effects and destruction of their way of life.

"Why are we being made to pay such a heavy price, for so many decades"? Asks Hira Hansda, speaking of her three miscarriages and birth to five infants that quickly died. Her husband Sonaram worked at the tailing dam as a casual employee between 1984-87, and like many villagers, he links the deterioration in local health conditions to the arrival of the uranium mines. The last three surveys conducted in the area found increased radiation levels.

Heavy Security at UCIL's Public Hearing Keeps Villagers Out

The public hearing on UCIL's new application took place at the heavily fortified camp of the Central India Security Force (CISF) within the UCIL colony at Jadugoda. Conducted by the Jharkhand State Pollution Control Board, the proceedings were marked by restrictions on personal liberties under sections of a law applying to situations with the potential to cause civil unrest.

Leaving little room for the public or protesters, the hall was packed with hundreds of UCIL workers and other company beneficiaries who held placards reading: "When compared to hunger, pollution is a small issue," and "Save UCIL."

Those who had lost their lands and health to the mines were physically barred from the tent. Outside the proceedings, protesters shouted: "Do not destroy our land," "No uranium, no uranium waste, no weapons, care for the future." Many indigenous villagers waved the banner of the Jharkhandi Organization Against Radiation (JOAR), winner of the Germany-based Nuclear Free Future Award for its long crusade against the hazards of uranium mining in Jadugoda. The protesters denounced the hearing as "a farce" and demanded that it be immediately stopped.

Villager and JOAR president, Ghanashyam Biruli, issued the demands: no new uranium mines, bring the existing mine under international safety guidelines, return unused tribal land, provide livelihood and rehabilitation to displaced people, clean up the contamination, commission an independent study of environmental contamination and health effects, and monitor water bodies to ensure that the radionuclides do not seep into the aquifer that is the lifeline of more than 100,000 people. The activists also argued that since the country can buy uranium on the international market, there is no compelling need to expand UCIL's capacity.

The real compelling need, they asserted, was protecting health and the environment. The 2008 health survey by the Indian chapter of International Physicians for Prevention of Nuclear War (IPPNW) provided clear evidence, finding that:

* Couples living near the mines were "1.58 times more vulnerable to primary sterility" with 9.6 percent of couples in study villages unable to conceive after three years of marriage, compared with 6.27 percent in a reference (control) group.

* Birth defects followed a similar pattern with 1.84 times higher incidence: "[B]abies from mothers, who lived near uranium mining operation area, suffered a significant increase in congenital deformities," according to the report. While 4.49 percent of mothers living in the study villages reported bearing children with congenital deformities, only 2.49 percent of mothers in reference villages fell under this category." The national rate for people with disabilities (including congenital deformities) is 3 percent, according to official government statistics.

* Deformed babies near the mining operations are almost 6 times more likely to die, with 9.25 percent mothers in the study villages reporting congenital deformities as the cause of death of their children. In the reference village, mothers reported 1.70 percent of babies died of deformities.

* Cancer deaths were also higher: 2.87 percent of households in study villages attributed the cause of death to be cancer, compared to 1.89 percent in the reference village.

These factors contributed to a lowered life expectancy. In the study villages 68.33 percent of the population died before reaching the state's average life expectancy: 62 years old.

UCIL Denies Contamination

Despite such alarming reports, radiation data are not made public because they fall under the purview of the Atomic Energy Act of 1962. UCIL / DAE (Department of Atomic Energy) also cites security concerns for refusing to release data on health of the workers. But Buddha Weeps in Jadugoda, a 1999 award-winning film by Shri Prakash documented that, despite a law mandating regular monitoring, in the last five- to ten-year period few workers underwent blood and urine tests to assess the impact of radiation.

Independent scientists have confirmed the danger. Professor Hiroaki Koide, from the Research Reactor Institute, Kyoto University, Japan, sampled soil and air in the surrounding villages and documented that "The circumference of tailing ponds is impacted with uranium radiation. The strength of the radiation is of 10 to 100 times high in comparison to places without contamination. ...There are places where uranium concentration is high in the road or the riverside, and it is thought that tailings are used for construction material," including on villagers' houses." Tailings are production waste material that, according to critics are unsafely stored, dumped, and used for landfills, roads and construction.

UCIL Technical Director D Acharya denied that the company was responsible for radiological contamination. "UCIL's safety and pollution control measures are at par with the international standards, comparable at any point of time," he said. The company is dealing with naturally occurring materials, he noted, the very low grade ore extracted is a minimal environmental hazard, and the company is not enriching the ore in Jadugoda.

But tacitly acknowledging the risks, UCIL head, Gupta, noted in the 2008 Annual Report that "External gamma radiation, Radon concentration, suspended particulate matters, airborne long lived Alpha activity and concentration of radio nuclides- uranium and Radium in surface and ground water, in soil and food items etc are monitored regularly."

Although he presented no evidence, UCIL Technical Director Acharya said that allegations of health problems are canards spread by anti-uranium lobbies, and that the physical fitness of the employees can be gauged the UCIL football team's success in winning the DAE tournaments for the past five years.

"From time to time we have also conducted structured health surveys and examinations, by independent sources," said Acharya. "One was done by the erstwhile Bihar Assembly, about ten years ago, but the findings are absolutely normal." (The area was part of Bihar at the time.) "The effects of radiation are being constantly monitored by independent watchdogs, and there are health physics experts who are always with us, for round-the clock-vigil of the situation. Hence, there is really no cause of concern," he added.

That is not the experience of many villagers, who link serious health problems to the mines. Like many of the women in the surrounding areas, Hansda's pregnancies were a time of terror. "It fills within us fear and apprehensions of the possible ordeal that may be in store. Who knows what would be the fate of the baby," she said.

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JUUDICIAL ACCOUNTABILITY OF INDIAN JUDGES

Wed, 14 Oct 2009 14:37:19 +0200

NEED OF THE HOUR IN INDIA

JUDICIAL ACCOUNTABILITY IN INDIA

- URGENT NEED OF THE HOUR

All the people behind the bars are not criminals , all the people arrested by police are not criminals. The judgements & pronouncements of judges are not sacrosanct , THE FINAL TRUTH . The judges & police are not gods , they are also human beings like you & me PRONE TO ERR . Some of those judges , police in their greed for more money become corrupt , misuse their office letting out rich criminals , fixing innocents & sending innocents to gallows.

In many ways powers that be are trying to silence me – voice seeking truth , justice . The powers that be are using the services of criminals & ISP internet service providers , to hack my website , e-mail account & to block the public from reading our newspaper . our website links are not at all opening. TRUTH CANN'T BE BURIED BY CENSOR BEWARE. read full articles how judicial process is manipulated by rich criminals at :

http://sites.google.com/site/eclarionofdalit/accountability-of-indian-judges-police ,
http://accountableindianjudge.blogspot.com/ ,
http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,

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JUDICIAL ACCOUNTABILITY IN INDIA

Fri, 09 Oct 2009 05:43:01 +0200

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PRICOL VP Murder by workers

Sun, 27 Sep 2009 09:55:19 +0200

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Questions INDIAN JUDGES are AFRAID to answer

Sun, 20 Sep 2009 14:49:30 +0200

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 39 30 / 09 / 2009

Editorial : QUESTIONS JUDGES ARE AFRAID TO ANSWER
- Prove your innocence HONOURABLE CHIEF JUSTICE OF INDIA JUSTICE K G BALAKRISHANAN & HONOURABLE CHIEF JUSTICE OF KARNATAKA JUSTICE P D DINAKARAN

In a democracy , nobody is supreme or above law. If anybody is treated as such it is against the basic foundations of democratic set up itself. Our constitutional frame workers never anticipated the day that some criminals will sneak into the chairs of the court. Now , the day has arrived it is time to fix accountability for judges & all constitutional functionaries.

Even if you go by the mythological stories , we can see that even our gods were subjected to many accusations , faced trials & came out clean. Our judges are neither gods nor mahatmas , but human beings like you & me , prone to errors. We have highest respect for all constitutional functionaries , hereby we are demanding their accountability .

Hereby I do urge our hon’ble CJI JUSTICE K G BALAKRISHNAN & hon’ble CJK JUSTICE P D DINAKARAN , to come out clean by answering the following questionnaire & to uphold the sanctity of our judiciary. We do positively hope that they will come out clean , prove their innocence & will serve our nation through their valuable jurisprudence.

PUBLIC ARE WAITING FOR THEIR ANSWER , IF THEY DON’T RESPOND , DON’T ANSWER CLEARLY , IT PROVES THEY HAVE MUCH TO HIDE.

the judges are even afraid to answer my questions & police are not registering my complaint against the CJI & OTHER VVIPS for their crimes.
read the questionnaire at
http://sites.google.com/site/sosevoiceforjustice/questions-afraid-to-answer ,
our judicial system is also corrupt to the same degree , as it’s environs. i am pleading for information from Hon’ble Supreme court of india as per RTI ACT , but to no avail. the court is hiding , covering up information as it will bring forth the truths , the improper functioning of judiciary. IN India justice dinakar will come out safe . just remeber roost resort sex scandal involving karnataka high court judges. TO SAVE OUR DEMOCRACY , PEOPLE MUST DEMAND FOR ACCOUNTABILITY OF JUDGES. DO VISIT :
http://sites.google.com/site/forumforfreedom/failures-of-indian-legal-system ,

http://groups.google.co.in/group/e-clarion-of-dalit/browse_thread/thread/2a09cabce0f339bb?hl=en# ,

Jai hind. Vande Mataram.

Your’s sincerely,
Nagaraj.M.R.

The strange case against Justice P.D. Dinakaran
By churumuri

Justice P.D. Dinakaran, the chief justice of the Karnataka High Court, is in the middle of a blazing legal row.
The lead story of The Hindu reports that Justice Dinakaran, who is one of five judges recommended for elevation to the Supreme Court, was summoned by the chief justice of India, K.G. Balakrishnan, in connection with allegations made against him by members of the Bar of the Madras High Court of “disproportionate assets”.
Justice P.D. Dinakaran, who was sworn in in August 2008, has reportedly denied the charges, according to CNN-IBN.
Below is the full unabridged text of the memorandum sent to the CJI under the auspices of the Madras-based Forum for Judicial Accountability, which details serious charges of land grabbing, corruption, abuse of office and lack of probity against Justice P.D. Dinakaran.
churumuri.com has not independently verified the charges nor does it attest to the veracity of the charges or the lack thereof. The memorandum is published here in the public interest given the seriousness of the allegations, and because we believe the memorandum is now a public document, having been brought to the notice of the CJI by such legal luminaries as Ram Jethmalani, Fali S. Nariman and Shanti Bhushan.
Our objective is not to cause disrepute to the image of the honourable judge or of the judiciary. To quote from the memorandum:
“We are doing so only in the larger interests of the institution of the judiciary which is sacred and since the increasing reports against the judge have assumed alarming proportions.”
Coming as it does in the middle of a national debate on the disclosure of assets of judges, l’affaire P.D. Dinakaran assumes importance, not just in the way the apex court deals with it, but the manner in which the judiciary deals with the media which publishes details of the case.
At the same time, the timing raises disturbing questions. Why are the charges surfacing now against a Madras HC judge who is reputed to have disposed 72,795 cases? Is somebody out to get him? If Justice Dinakaran is unsuitable for the Supreme Court, is he suited to continue as the CJ of Karnataka High Court, or even as a Judge?
***
9th September, 2009

To
Hon’ble Mr.Justice K.G. Balakrishnan, The Chief Justice of India, Hon’ble Mr.Justice B.N. Agarwal, Hon’ble Mr. Justice S.H. Kapadia, Hon’ble Mr.Justice Tarun Chatterjee, Hon’ble Mr. Justice Altamas Kabir, Supreme Court of India, New Delhi.
Sirs,
Sub: Representation against Mr. Justice P.D.Dinakaran, Chief Justice, Karnataka High Court, amassing of huge assets, corruption and serious irregularities.
As per newspaper reports (The Hindu, dated 28th August 2009) Mr Justice P.D. Dinakaran, presently Chief Justice of the Karnataka High Court, has been recommended by the collegium of the Supreme Court to be appointed as a Judge of the Supreme Court.
The said judge was a judge of the Madras High Court between 19.12.1996 to 06.08.2008. We, the members of the Bar of the Madras High Court are greatly perturbed by the news of his possible elevation to the Apex Court, in view of disturbing reports that are strong pointers to the abuse of office and lack of probity by Mr Justice P.D. Dinakaran.
We bring to your notice several aspects concerning the Judge including (1) huge rural land holdings, illegal appropriation of Government and public land amounting to land-grabbing, illegal constructions, ownership of urban properties, (2) certain inappropriate and startling judicial orders and (3) conduct raising issues of gross impropriety and lack of probity. We feel the materials given below call for a detailed investigation before taking up his case for appointment as a Judge of the highest Court.
***
The following are the issues of deep concern:
I. Amassing Wealth and Appropriation of Public Property
RURAL PROPERTY
It is common knowledge in the Bar at Madras that the Judge has acquired vast extents of lands, near his hometown of Arakkonam, Vellore district, and in Thiruvallur district, Tamil Nadu. The acquisition started before his appointment as a judge of the Madras High Court and is reported to have increased manifold during his tenure as a judge.
All these land holdings in the villages are beyond the ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as per which a family of five persons can possess not more than 15 standard acres of land.
However, more shocking is the unbecoming conduct of the judge in encroaching upon Government lands and public property meant for the villagers, amounting to land-grabbing and depriving the poor of their resources and livelihood.
1. LANDS IN KAVERIRAJAPURAM VILLAGE (440 Acres)

(a) In the villages of Kaverirajapuram, Tiruttani taluk, Tiruvallur district; Anaipakkam, Arakkonam taluk, Vellore district; and Mulvoy, Arakknonam taluk, Vellore district, the extent of lands possessed by the judge is approximately 500 acres. Most of the property is in Kaverirajapuram, a village whose population predominantly consists of Dalits, Irulas (scheduled tribes) and most backward classes like Naidus, Boyars and others. The total extent of the village is about 1,700 acres.
Annexed to this petition are: (i) A map showing the details of land held and owned by the judge and his family members; and public and Government lands occupied by him, and (ii) Extracts from village ‘A’ register which provides the classification of land of the relevant survey numbers in the judge’s occupation, from reliable sources. The current ‘A’ register reflecting transfer of patta is not accessible. (iii) Photographs showing the naming of the village road leading to his lands which is in Tamil and reads as “Emperor of Justice P.D. Dinakaran Road, Kaverirajapuram” (translation in English) and the fencing of the land. (iv) Extracts of Revenue Standing Orders on Assignment of Land.
(b) In all, the judge is in possession of approximately 440 Acres in Kaverirajapuram village alone, almost one-fourth of the village.
Out of this 440 acres:
(i) 310.33 acres are ‘patta’ lands owned by the judge and his family (in his name, his wife Dr Vinodini’s name, his two daughters Amudha Porkodi and Amirthra Porkodi, one Cannan and another person; the latter two are reported to be his close relatives).
(ii) About 41.27 acres is public land classified as Government poramboke, eri (lake, stream) and other water bodies, pathway and tamarind grove.
(iii) About 88.33 acres are classified as Government ‘Anadhinam’ lands (which can be allotted only to landless poor as per board standing orders of the Tamil Nadu Government).
2. STARTLING MODUS OPERANDI
i) Reports are that the patta lands originally belonged to backward and most backward classes. The purchase of lands seems to have started before his appointment as a judge and continued thereafter.
ii) Patta lands have been bought in the name of the judge, his wife Dr Vinodini, his unmarried daughters Amudha Porkodi and Amirtha Porkodi, one Cannan and another person, the latter two are reported to be close relatives. Daughter Amudha Porkodi got married recently on 15.12.2008.
iii) Vast extents of Government ‘poromboke’ lands, Government anadhinam lands, waterbodies like lakes, canals, streams, common village pathways and an ancient mud fortress abutting his patta lands were progressively encroached upon.
iv) The villagers were then prevented access to these common property resources. Nearly 600 families of Dalits and landless poor in the village are reported to have sought distribution of Government poramboke and anandhinam lands to them as per G.O.(Ms) No.241 dated 12.09.2006 issued by the State Government. They are yet to receive the assignment.
v) Immediately thereafter, these common /government lands were fenced in by the judge.
There is every possibility that after this representation, the fence around the encroached areas may be removed. But as on today, the fence exists around the Government lands and village common resources, and we write this after some of us personally inspected the fence and the relevant records and maps. The fact remains that the common village lands near the judge’s property are out of bounds for the villagers.
Enquiry reveals that the local police is used to prevent access to the area.
iv) The Government anadhinam lands are meant to be assigned only to landless poor for small holdings and personal cultivation as per standing orders of the board of revenue, Tamil Nadu Government.
v) The Government poramboke lands also are meant for common enjoyment of the villagers and cannot be occupied by any individual. Under a recent scheme of the State Government, they can be distributed to the landless poor.
vi) The water-bodies too are meant only for common enjoyment of the villagers.
vii) By erecting a fence the judge has deprived the local villagers access to common property resources of the village, on which many of them depend for their livelihood.
viii) The villagers are not able to have access to the water bodies and due to extensive use of water for the judge’s farm where there are huge fruit orchards and other cultivations, the water source for the village has got depleted. Large bore wells/ open wells are said to have been dug inside the farm.
ix) It is reported that the entire village administration and government machinery has been exploited to provide facilities and free labour for the judge’s property. It is reliably learnt that the judge is attempting to manipulate revenue records to obtain pattas for the public and government lands in his occupation.
x) It is an open secret in legal circles that the judicial officers and staff of the judiciary are often asked to supervise and facilitate the maintenance and upkeep of the farm.
xi) We have specific reports that anyone who seeks any information like survey numbers and extent regarding even the village common lands and Government lands is intimidated and not provided the information. Villagers are under mortal fear in this regard.
xii) Even the village road that leads to the property has been named as ‘Neethi Arasar P.D. Dinakaran Saalai’’. (“Emperor of Justice, P.D. Dinakaran road” )
3. LANDS IN POOVALAI VILLAGE
The judge is also reported to possess more than 50 acres of lands with mango orchards in Poovalai Village, Gummidipoondi taluk, Vellore district, Tamil Nadu. He has been seen visiting the orchard periodically.
4. LAND VALUE
The market value of these properties are in the range of about 20-25 lakhs per acre. It appears that the land holding is of an extent of approximately 550 acres.
It needs to be ascertained whether the judge has filed returns before the tax authorities in respect of these properties. It also needs to be verified if these disclosures of these assets has been made, and updated, as per the 1997 resolution regarding the declaration of judge’s assets.
***
URBAN PROPERTY
i) On the plot bearing Door No.28, East Park Road(junction of Pulla Avenue and East Park street), Shenoy Nagar, Chennai – 600 030 allegedly owned by the judge, an office/commercial construction has been put up consisting of stilt plus 5 floors, making it a multi-storeyed building under the development control rules. Having regard to the dimensions of the plot, fire safety requirements, etc, under the development control rules, construction of such a multi-storeyed building is illegal. This is a newly constructed building and he was frequently observed at the site to check the construction.
ii) The judge has been observed a number of times to be supervising the construction of a building at J – 81, I Main Road, Anna Nagar East, Chennai – 600 102. His involvement in this immovable property and source of funding needs to be ascertained.
iii) In Arakkonam Town, the residential building ‘Anbagam’ (a residential building said to be owned by Mr Justice P.D. Dinakaran) was recently renovated. It reportedly encroaches on the main road by 10 feet.
***
II. INAPPROPRIATE JUDICIAL ORDERS IN CERTAIN CASES
1. JUDGMENT IN BINNY LTD.
Binny Ltd. was a BIFR company but subsequently came out of it. It had extremely valuable immovable properties situated in the heart of the City. These were directed to be auctioned by Justice Dinakaran at 35% of the guideline value. Approximately 1,260 grounds of land (about 70 acres) situated in Perambur was sold to SSI Ltd. for just Rs 66 crore. At that time, the guideline value was almost Rs 180 crore and the actual market value was even higher.
The promoters of SSI Ltd who had purchased the land from Binny Ltd were subsequently involved in extensive rigging of their shares. The assessments of these promoters were reopened under Sec 148, Income Tax Act, 1961. It is reported that the demand was to the tune of more than Rs 52 crore. Six writ petitions were filed challenging the reopening of the assessment under Sec 148. The writ petitions were heard by Justice P.D. Dinakaran. The judgment is reported in 279 ITR 679.
Justice P.D. Dinakaran falsely stated that a “concession” was made by the counsel for the Income Tax department. This was objected to by the counsel after receiving the copy of the order. Justice P.D. Dinakaran promised to expunge those sentences that referred to the alleged concession but this was not done. Last week, the writ appeals filed by the department against this order have been allowed by the division bench presided by Justice F.M. Ibrahim Kalifullah. The standing counsel for the Income Tax Department offered to file an affidavit stating that she never conceded and also referred to the oral representation to Justice P.D. Dinakaran. The division bench has allowed the six writ appeals by imposing costs of Rs.10,000 each.
1. On 18-03-2009, the The Times of India, Bangalore edition, carried the following report :
CJ leads speedy disposal of bail
BANGALORE: In a special drive to prevent pendency of cases, the High Court on Tuesday disposed of numerous bail applications out of around 300 petitions in a record time. Each bail plea was dealt with in about 30 seconds. Chief Justice P.D. Dinakaran himself disposed of 46 cases in 20 minutes by granting bail (some conditional) in all of them.
The rapid fire sequence went something like this: What is the charge (section)? What stage is the trial? Completed or not? Chargesheet has been filed? Final report submitted. Bail granted. The cases were marginal and some pertain to charges of rape, theft, murder and dacoity including Vasanth Salian, accused in Chemmanur Jewellers dacoity case. The Chief Justice and five judges heard these cases between 4 and 4.45 p.m.”
The members of the Bangalore Bar state that while minor cases were allocated to the other Judges, the ones posted before Chief Justice P.D. Dinakaran included cases of persons charged with serious crimes under the Indian Penal Code and also those who had serious cases filed against them by the Enforcement Department. Bail was granted in all these cases. It is further stated that this was a one-time disposal drive. This matter needs to be investigated to ascertain the names of the accused and the gravity of the offences.
1. Another matter of concern raised by the Bangalore Bar pertains to cases of illegal mining filed against several influential persons. These were transferred from the Dharwad circuit bench which was hearing these matters to the Chief Justice’s bench.
1. Yet another matter related to the mining lobby which wanted to acquire 540 acres of forest land. The State Government had granted leases in respect of 380 acres of forest land. This was set aside by a single judge of the High Court who pointed out several illegalities on the part of the State Government including that some applicants had filed applications after the date of the opening of the tender. The writ appeal order passed by Chief Justice P.D. Dinakaran granted licenses to all the applicants and even increased the area allotted over and above what was granted by the Government. The issues pointed out by the single judge were not dealt with. This is a matter which has greatly agitated the Bangalore Bar.
III. Number Plate of Chief Justice P.D. Dinakaran’s Car – Contrary to Motor Vehicles Act
Chief Justice P.D.Dinakaran, known to misuse office to exhibit pomp and grandeur, had the number plate of his official car (KA-03-GA-5767) done up in red background with gold embossed letters. This is permitted under the motor vehicles rules only for the President of India and State Governors. Even the Prime Minister and the Chief Justice of India cannot use such a number plate. There were adverse news reports in leading newspapers on this issue (Mid-Day dated 29.06.2009).
***
Our Appeal
We are greatly saddened that we are forced to impugn the conduct of a holder of high judicial office; we are doing so only in the larger interests of the institution of the judiciary which is sacred and since the increasing reports against the judge have assumed alarming proportions.
Conscious of our responsibility not to lightly bring any judge to disrepute, we have exercised due diligence to verify the allegations to the best of the means available to us, including visits to some of the concerned properties. However as private citizens and members of the Bar we have severe limitations to call for information and to investigate these matters. In fact there are reports against Mr. Justice P.D. Dinakaran of irregular acquisition of properties elsewhere, permitting illegal appointments, favouritism and other improprieties in the discharge of judicial and administrative functions as a judge of the High Court. The information we have gathered so far is reliable and does not permit us to let it pass without calling for urgent attention and appropriate action by the Supreme Court and other Constitutional functionaries.
We also wish to convey the fear expressed by the villagers in Kaverirajapuram, all of whom are greatly apprehensive of the severe reprisals and consequences if they speak out. In fact, after speaking to them we ourselves are greatly anxious for their safety. It also is evident that the entire administrative machinery has been intimidated by the judge, as no official is willing to respond to any queries regarding the village properties, including innocuous questions like details about government lands.
The allegations set out above are strongly suggestive of abuse of office and corruption amounting to grave judicial misconduct. As the matter involves the head of the State judiciary in Karnataka, it is one of immense gravity and calls for immediate investigation and action. When a judge’s reputation is clouded in such adverse reports, his elevation to the highest Court of our country portends grave consequences for the judiciary itself.
This case also exposes the shortcomings of the present procedure adopted for choosing judges for appointment to the higher judiciary and underscores the urgent need to put in place a judicial commission which will have a more democratic and transparent functioning to enable the choice of persons of impeccable integrity and calibre to dispense justice.
We, as responsible members of the Bar, duty bound to safeguard the independence of the Judiciary, feel impelled in these circumstances to request you
(i) not to appoint Mr.Justice P.D. Dinakaran as judge of the Supreme Court of India; and
(ii) initiate a thorough enquiry into all the allegations against Mr Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and take appropriate action thereafter.
We request you to act on our representation in public interest, as otherwise the confidence of the public in the majesty of law will be shaken.
Yours truly
R. Vaigai, Sriram Panchu, K.R. Tamizhmani, Anna Mathew, S.S. Vasudevan, Geetha Ramaseshan, Sudha Ramalingam, N.L. Rajah, D. Nagasaila, S. Devikarani, T. Mohan
***

QUESTIONS HONOURABLE CHIEF JUSTICE OF INDIA & H.E. HONOURABLE PRESIDENT OF INDIA ARE AFRAID TO ANSWER

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 JUSTICE ,
# 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 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 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. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution 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) ?