Cross Exam Of Indian Judges

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

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

murders by police

______________________________________________________________________
e – Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom
________________________________________________________________________
Editor : Nagaraj.M.R....................vol.3…issue.08.....................05/05/2007
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Editorial : FAKE ENCOUNTERS , LOCK-UP DEATHS & 3^RD DEGREE TORTURE BY POLICE IN INDIA

Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest. JAI HIND. VANDE MATARAM.

Your's sincerely,

NAGARAJ.M.R.

3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police

At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.

2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.

3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.

In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :

1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

The Business Of Encounter Killing By Sorit Gupto

Encounter killing is again a hot topic nowadays but with a little difference. This time it is for the suspension of a sub inspector from Mumbai, Daya nayak, who is better known as a Encounter specialist.

Encounters or extra judicial killings are not a new phenomena for Indian state, though it has changed its position or acceptability in the public psyche for past few years. Thanks goes largely to the Mumbai film industry for making several films 'inspired' by the real life of an encounter specialist. After the box office success of such films, one can say that the act of extra judicial killing , which otherwise is a gross violation of the Justice system, the very aspect of our Constitution( by denying the fundamental right to live), the civil liberties and the human rights, now got legitimacy in the Indian society.

The 'Rise and Fall' of this Sub inspector is nothing but story of complete violation of the very rule of law , which the police department is supposed to enforce.

We are catered with the biographical sketch of this encounter specialist by different news channels , about how from a humble beginning as a boy in a tea stall he becomes the heroic face of the state police department . According to an unconfirmed 'estimate' he has gunned down some 80-90 persons till date.

However the most strange thing about the whole saga is the fact that, every one is bothering about his crime of earning the huge amount of wealth , disproportionate to his known source of income, but no one is giving a damn to his murderous record which is much more disturbing vis-a-vis to his known source of power to do so. Now it is not just a known fact but established fact also that what ever he did in his tenure ,he had actually killed people without having any right ,like many other famous or yet to famous 'Encounter Specialists' are doing .Now, they keep on doing because they are doing the same under the full protection and patronage of the state. It is a chilling fact for any civilized society but as far as we are concern , we simply habituated and grasped it.

Be it Ansal Plaza Shoot out in New Delhi , Or Killing of four person in the outskirts of Ahmedabd , more or less after every encounter, the story or the logic provided by the state to the people, is too innocent to compared only with the Aesop's fables , that there was a bad man who fired at the police, and police in retaliation fired back to him and he died on the spot. Simple. Very simple. And for the sake of the rule of law please do not make complications by raising disturbing quarries as how not even a single police person hurt by the firing of the bad man? Why police did not tried to catch the person alive ? and so on…

However after 9-11, we the people are provided with some upgraded set of logic's. One can name it Gen X logic's. These are logic's with veiled threat. Now it is not just a mere fable but with a strong massage encrypted in it ,' either you are with us or you are part of enemy' and that is why if you try to raise all these disturbing question you could be branded as the enemy. Better you believe what the state says.

Now coming again to the very police sub inspector. It is said that he has earned enormous amount of wealth by manipulating his duty of executing extra judicial killings , in other words ,a long list of fake encounters, by favoring one group of criminal against the other. His departmental bosses are very much concern about his alleged misuse of power. The Irony is, being an encounter specialist itself is the product of gross indiscipline and utter misuse of the power provided by the state to the police department .

So, what new thing they are going to get through "the trial"?

If it is proved that this encounter specialist really has earned this huge wealth by manipulating his ability of encounters, by favoring ( read killing) individual of one particular gang of mafia against the other, which is a truth yet to discover, what charges are going to frame against this fellow?

Dealing with this particular case one should have to keep in the mind that , this fellow has acquired this huge amount of sum by simply cold blooded murdering a number of people. Just like any other member of the organized crime he had taken 'supari'.

This case is a typical in the nature as corruption is just one part of it and the other part is made up of homicide. Part of the media is shrewdly downplaying the later half by overplaying the first half and that is the most dangerous aspect of this particular case.

Though there are number of punishments prescribed in IPC for killing a fellow human being starting to rigorous imprisonment for years to death penalty, but our encounter specialist do not have to be worry about all that , rather he knows it very well that he will face some petty charges of corruption to maximum.

A simple sub inspector can not become an encounter specialist over night if there is no political patronage behind him. As far as patronage is concern we have this news published in The Hindu on 23 Nov '03, which says that, The then Home Minister of Karnataka, M. Mallikarjun Kharge, ruled out a probe into the encounter killing of two alleged women naxalites in a village near Karkala in Udupi district . In a press conference Mr. Kharge said, "We cannot disbelieve the version of police officials who witnessed the encounter. We have to believe somebody.''

And last but not least ,If a mere police sub inspector can doctor or manipulate this phenomena of 'Encounter', It would be a chilling realization for anyone that magnitude wise how much scope of manipulation is there for the state to eliminate their political rivals through this 'simple' mechanism of extra judicial killings.

Today, Daya nayak has been arrested after a prolonged drama of "to arrest and not to arrest'.

This is the high time to examine the very phenomena of encounter thoroughly.

JUDICIAL PROPRIETY AND TEHELKA By: Rajeev Dhavan


India needs a policy of embargoing post-retirement jobs for judges whilst increasing their retiring age.

THE JUDICIARY is in the news in ways that do not do it credit. Beginning with the `defeated'

Justice V. Ramaswamy impeachment in the early 1990s, the last decade portrays scandals. These include the Bombay Pay-off Scandal of 1990, the controversy over the Bombay High Court Chief Justice Bhattacharjee receiving large "foreign" royalties in 1995, controversies, however founded or unfounded, over Justices Punchi and Anand - both Chief Justices of India - and Justice Bharucha's declaration that 20 per cent of judges are corrupt. The year 2002 has been a bad year. In Punjab, High Court judges are accused of having received favours from the Chairman of the Public Service Commission. In Rajasthan, the allegations countenance a High Court judge and his Deputy Registrar soliciting sexual favours. In Karnataka, allegations canvass compromising sexual conduct involving High Court judges. In Patna, there are serious allegations of corrupting the legal process by lawyers and the registry. Public confidence is shaken.

Judges reign and rule - with little external effective oversight over their conduct. Judicial independence cannot encompass judicial lawlessness, rampant corruption or conduct unbecoming. Justice Ramaswamy's impeachment suffered defeat in Parliament. The Supreme Court's Committee opined he could not be denied work. In Bombay, resignations took place. Using the `transfer' policy - now abandoned - does not satisfactorily deal with serious allegations against judges. Corruption is transferred, not dealt with. In the mid-1990s, the Supreme Court felt that the Chief Justice of India (CJI) could use his prestige to persuade judges to resign or not attend court, But, such an approach eludes results if the delinquent tells the CJI to mind his own business.

Witness the cases of Hastings and Clairbourne in America where judges refused to demit office until impeachment - in one case, even though the judge was imprisoned! Informal methods have failed; and do not command confidence in India.

An intermediate method has to be created so that judges are answerable and can be disciplined without compromising their independence. But, it is not just a question of disciplining judges; but, also of dealing with complaints against them in a swift and effective way. Such mechanisms exist for the lower judiciary, but not for High Court and Supreme Court judges. From the supercession controversy of 1973 when three judges were superceded for the post of CJI, there have been calls for a National Judicial Commission both to (a) make judicial appointments (which after the 1982, 1993 and 1998 judgments are - and, that too, not quite satisfactorily - in the hands of a conclave of Supreme Court judges) and (b) deal with complaints, corruption and misconduct. But, ongoing suggestions for a National Commission have fallen on fallow ground. Having wrested the patronage of appointment, the judges have dragged their feet on issues of judicial discipline except to produce unenforceable codes of conduct. What are required are constitutional and statutory amendments.

Recent history shows that where there is a will, constitutional amendments are possible. But, there is a lack of political and judicial will to introduce changes. Today, judges collectively and in judicial orders make all kinds of suggestions on their pay, salary, perks and other things. But no consensus suggestion to interrogate judicial indiscipline emerges with credible clarity. Individually India's Chief Justices provide evasive and contradictory answers.

In the midst of all this comes the controversy over the commendable resignation of Justice Venkataswami who was the sole Commissioner of the Tehelka Commission. Three issues arise. The first is: what went wrong? Something did. Sometimes judges do hold two post-retirement posts - without conflict or demur. But, the Tehelka Commission was not just an inquiry but an inquisition in which the Government had a massive political stake. The proposal to give another assignment to Mr. Venkataswami whilst he investigated Tehelka and its discontents should never have been made. The next slip up was Chief Justice Bharucha's recommendation behind which the Government seeks refuge. No less, the offer of appointment should have been declined. This is not a case of conspiracy, corruption or misconduct. Mr. Venkataswami integrity is beyond dispute.

The famous Pinochet case (1991) was re-heard because Lord Hoffman had broad links with a charity which, though not before the 'Lords', had a stake in the cause. In the Curative Petition case (2002), the Indian Supreme Court drew sustenance from the `Pinochet' example on the premise that justice must not only be done but always appear to be done. This sets the tone. Mr. Venkataswami has led by example. Purity is as important as cleanliness. At least one present judge of the Supreme Court declined an above board invitation to a seminar from an American university on the basis that it was unacceptable that anyone other than the Government of India should pay for such trips. This sets a standard.

The second issue that arises out of Tehelka is whether Mr. Venkataswami can simply be replaced by another judge. There is a stateable case that he cannot. Section 8A of the Commission of Inquiry Act, 1952, was amended in 1971 to permit a Commission to continue if a vacancy arose in a multi-member Commission. The assumption of continuity would survive because a member or members would continue. But, section 8A is inapplicable for a single-member Commission or where an entire Commission ceases to exist. It becomes non-existent (non est) and ceases to function (functus officio). Continuity is broken. Replacing Commissions afresh contrives its own politics. There is an even chance that any replacement appointment would be challenged to the discomfiture of any new appointee. This does not mean that the records of the Commission are not available for public use. So far, the only real public interest part of the Commission's work was over the military deals - which was heard in camera. These can be examined by a Joint Parliamentary Committee as raw evidence to interrogate lapses. The other aspect of the Commission's inquiry investigates Tehelka's journalistic conduct and wild, unfounded allegations that Tehelka tried to destabilise the stock exchange and personally benefit Tehelka's people and financiers. A lot of this is humbug. The `journalistic' ethics issue does not need a Commission's wisdom, but along with the accountability of the electronic media should be generally examined by public discourse. There are enough legal provisions to deal with `destabilising' frauds; but, the Government knows that they do not have a credible leg to stand on. On this basis, the Tehelka Commission needs to be wound up; but the `defence deals' examined by Parliament.

The third issue relates to the desirability of post-retirement appointments for judges. There is a dilemma here. Although Inquiry Commission reports generally gather dust, there is a public faith that only judges should head such inquiries - indeed, that is what made the T.T. Krishnamachari and Kairon inquiries of the 1950s credible. The answer lies in less inquiries and carefully chosen incumbents. Today, an inquiry is a general panacea to avoid any public allegation. The Commission process has been devalued. Several statutes - such as the Human Rights and others - necessitate judicial appointments. Such jobs cannot be multiplied as inducements.

India needs a policy on embargoing post-retirement jobs for judges whilst increasing their retiring age. The Public Commission procedure came to the fore in 1921 after the Marconi scandal around 1918 because Parliament could not be wholly trusted. Parliament needs to be more rigorous and credible - even though the nation was let down by the Bofors Joint Committee which wrongly absolved the, then, Prime Minister and others in 1987.The Indian judiciary has to confront its public image. India's judges
are massively powerful. They both compensate bad governance as well as fulfil the judicial quest for power. Judges may err in their judgments. But, if confidence in the Judiciary abates, Indian governance is in peril.

Are our Indian Judges Dictators? No.. - BY JOY KAIDARATH

Do we have Dictators in India?
For this question we will have to find out what are the qualifications of a Dictator.

Dictator is a person who makes laws. Dictator is a person who interprets laws. Dictator is a person who executes laws. A person behaves in an tyrannical manner. A ruler who is unconstrained by law

If this is true who makes laws in India? We say it is the Legislature. But Legislator is an elected body and people at least have a vague hope that one day we can change a Legislative body if that body is corrupt one. People can Criticize Legislative actions if they are wrong. They can go to Courts if they violate any rights. Opposition is there to check the uncontrolled behavior of a Ruling party. So Actually Legislature is checked by Courts and opposition and they can be thrown out if they are wrong. (Whatever may be the thing our polititians and Babus are afraid of courts. poor people are not even able to make good laws without fearing the court)

Executive: Again executive body is also under check. You can criticize them openly. (You can even criticize Indian President) They get all the criticism. There are many ways to check their power if one wants to.

Judiciary – they are people who are not elected. They make hundreds of laws (in the name of precedents). They interpret laws as they like or as per the rules of interpretation (May be some of the time no rules of interpretation is followed, that must be mistake - will not anyone think?). Do they Condon delays and denies justice to the worthy person without even asking explanation from the guilty , i do not think so.

Even in the cases where the legislature has given remedy to the people to have speedy remedy do they delays the matters forever? I do not think so. Does any one has a different openion? There is no real move from the part of the judiciary to fasten up the matters. Can we actually say this? They say the Government does not take steps to speed up the matters, and the governments say that they are not guilty. Do you think that this blame game is going on? Ultimately what happens, in India you can do any thing if you have money and know how to manage? That must be a wrong statement. (Even if this may not be the case this is want I may tend to think from the affairs I am seeing in the court.)

Recently I was sitting in a Court Room of Bombay High Court. Matters of 1980 and 1983 are being examined now. These matters are suppose to be under the title of Commercial Causes. In one Case a government body (or Bank) has to get back 37 lacks. Please consider the fact that the matter is that of 1980ees. In 1980ees the amount 37 is equal to more or less our 37 crores in the present time. Now the preciding judge was asking the plaintiff (Government Body or Bank), how they are going to get back the money. And the person appearing of the Government body or bank was playfully saying that it would be impossible to execute the decree even if they get a favorable judgment, because according to him they do not know where many of the defendants are. Then Judge asked why they are not withdrawing the matter. Then person appearing was saying that since it is Govenrnment matter it cannot be withrawned. So an Advocate is arguing a matter where he gets his fees, and ultimately Govenement or (Government Body would lose). (Is that violation of Chapter XV, Commercial Causes, Rules 228 to 236 OF THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES? It must not be. There must be some other provisions which the Judges and Court officers know. Because Our courts would not do any thing illegal. They are guardians of Justice. If I doubt and say something against it, it would be contempt of court. So I say that the courts are not violating anything)

Now who lost the money? Government – that is the public lost the money. Who cares? No one cares. The persons who got money are wise people, because they do not have to pay it back. Why? because of the long duration. Now they cannot even punish the Bank or Government officers, because most of them might be dead or by the time all appeal and all are over all will be dead.

Nobody cares, Even now this is happening. Long delays you make, you can escape with everything. Even if this may not be the case this is want I may tend to think from the affairs I am seeing in the court

Just think According to the preset way of running of the court and from the information I gathered, commercial causes are being dealt with by a judge twice a week. Even if a judge decide on 25 matters per week at least 1000 cases (I am calculating 25 X 40 weeks) would be over. If even this cannot be done, then why do we need a judiciary, just for incurring expenditure? (Are our judges so incapable of producing the results? I do not think so) If this could be done, then how this back log has come? Then what is the difference between commercial causes cases and other cases?

No body can criticize the judges (Because it would be contempt of Court). Even if a judge make a judgment violating all kinds of interpretation rules it is very difficult to complain against that judge. CBI will not take case, no executive can take case against them, Even if you complain to Chief Justice (Even Cheif Justice of India) they would not take any action. Even many judges have pointed out that there are corrupted judges among them (Cannot prove becasue none say these things on record). This is not only in the Lower courts, but also even in the Higher courts. From High court judges How many have ever been caught because of the corruption? Not many any way. Personally I cannot remember any High court judges name who was caught in Corruption. Is that because there is no corruption in the judiciary? May be because of that. But for me it is very hard to believe. May be I have paranoia . If I am not Paranoid, then I think we Indians are ruled by Dictators, I must be wrong. Becuase otherwise there are ways to find out all these things. At leaset that is everybody is saying.

When British went from here they gave us Laws and a court system. (May not be efficient once as Indians are capable of making). Even after 55 + years of Independence we are still cricising the inefficiency of their laws and their systems. We are not capable of making a good system. And when we criticise we do not have any shame.

Now Are we ruled by Dictators? Are our judges dictators according to the defenitions given above - not in theory but in practice? I think I am not able to decide. I do not know the answer. I do not think that they are dictoctors. I think our judges are good judges, without having any kind of corruption, otherwise they would have find it out.

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