DALIT ONLINE – e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.31.....04 / 08 / 2019
Government Sponsored Terrorism
As per law , violence committed, terror created against humanity is a crime. Terror committed by separatists , organizations , security personnel, police and public servants are all crimes. However irrespective of political affiliation party in power uses it to it's advantage. By selectively prosecuting some while selectively shielding some. Law & Police must be impartial in their duties, however they work as stooges of rulers. Act professionally , Crush muslim terrorists in the same way crush hindu terrorists also. Crush maoists equally crush salwa judum and criminal industrialists , public officials. Why not crush corrupt police personnel who support mafia, anti nationals ?
Pakistan government Sponsored terrorism in india is a crime. In the same way Indian government Sponsored terrorism in srilanka, pakistan, elsewhere is also a crime. Why not prosecute indian government public servants responsible for these terror crimes under UAPA ?
TADA was rampantly misused by government at that time now present government will misuse UAPA. Please read the following articles and repeal UAPA.
UAPA Amendment : Why Giving Govt Power To Declare Individuals 'Terrorists' Is Problematic?
Without following any formal judicial process, a person can be labelled terrorist, and can be thrown to the 'mob' to suffer extra-judicial punishments.
The Central Government will be having the power to declare an individual as 'terrorist' if the Unlawful Activities (Prevention) Amendment Bill 2019 passed by the Lok Sabha on July 24 becomes law.
This is a potentially dangerous amendment which will empower officials of Union Ministry to brand any person 'a terrorist', without following due process. The name of such a person will be included in the 'Fourth Schedule' proposed to be added in the parent Act. The only statutory remedy available to such a person is to make an application before the Central Government for de-notification, which will be considered by a Review Committee constituted by the Government itself.
Since the already stringent Unlawful Activities (Prevention) Act 1967 (UAPA)has ample powers to deal with persons who support terrorist organizations and unlawful activities, one may wonder what is the real purpose behind the amendment.
As per Section 35 of the UAPA, the Government can notify any organization as terrorist organization "if it believes that the organization is involved in terrorism". Such organizations can be included in the 'First Schedule' of the Act, which has so far 33 names. Any person who is associated with an organization included in the First Schedule as a member, supporter or fund raiser can be punished as per the existing provisions of Sections 38, 39 and 40 of the UAPA.
As the parent Act already has sufficient provisions to deal with individuals linked with terrorist organizations, what is additionally sought to be achieved with the power of designating an individual as terrorist?
It is surprising to note that the amendment does not provide any legal consequence in case an individual is designated a terrorist. The inclusion of one's name in the Fourth Schedule as a terrorist per se will not lead to any conviction, imprisonment, fine, disqualifications or any sort of civil penalties.
So this is simply a power for the government to brand any one as a terrorist. It is hardly a consolation that such a declaration by itself will lead to any adverse legal consequence. An official designation as a terrorist will be akin to 'civil death' for a person, with social boycott, expulsion from job, hounding by media, and perhaps attack from self-proclaimed vigilante groups following. Like the Biblical character of Cain, such a person will be left to wander with a cursed label on his forehead.
In short, without following any formal judicial process, a person can be unilaterally labelled terrorist by the Government, and can be thrown to the 'mob' to suffer extra-judicial punishments, without any effective legal remedies.
This gets more chilling, when one reads the explanations offered by Union Home Minister Amit Shah for the amendment move.
Speaking during the Lok Sabha discussion, the Union Minister said that those who commit terrorist acts and those who promote terrorism and raise money for terrorists should be punished as terrorists. Of course one cannot have a different opinion regarding this, and the Act already has provisions in Chapter VI to deal with such individuals.
However, what the Home Minster said in addition to this is problematic. The Home Minister said :
"And then there are those who attempt to plant terrorist literature and terrorist theory in the minds of the young. Guns do not give rise to terrorist. The root of terrorism is the propaganda that is done to spread it, the frenzy that is spread."
'Terrorist literature', 'terrorist propaganda' etc., are undefined, vague terms with a lot of potential for misuse. There have been instances of UAPA charges being slapped against people for merely possessing revolutionary literature. When a draconian law is based on loose concepts, officials might find it tempting to use it against those who are positioned against the government. For example, those who work for tribal rights, those who criticize deeds of military in troubled areas etc., could run the risk of being branded terrorists.
During the Lok Sabha debate, NCP member Supriya Sule cautioned that the amendment could be used to target human rights activists and social workers, and mentioned the UAPA case against famous academician and activist Anand Teltumbde.
In response to the concerns raised by Sule, the Union Minister said "those who work for Urban Maoists will not be spared".
This loose term 'Urban Maoists', which so far has seen use only in social media and channel debates, has now officially entered the Parliamentary records with the Home Minister invoking it. Terms such as 'anti national' 'urban naxals' etc, are used without nuance and discretion to demonize and vilify ideological opponents and critics of government. It is worrying to see such terms getting used to justify an amendment which can have grave effect on the civil liberties of an individual.
To label a person 'terrorist' merely on the basis of speech and thoughts goes against the basic Constitutional canon that speech can be punished only if it gives rise to direct and imminent violence. This has been settled by the Supreme Court in a catena of decisions, while dealing with anti-terror laws and sedition.
A reading of the line of decisions in Balwant Singh v State of Punjab (sedition), Arup Bhuyan v State of Assam etc., makes this position on free speech law clear.
In Arup Bhuyan, the Supreme Court imported the test of imminence laid down in the US decision Brandenburg vs. State of Ohio, which held that advocacy of violence as a means of accomplishing political or institutional reform will be illegal only if it incites imminent lawless action.
In State of Kerala v Raneef, the SC observed that one cannot be penalized for merely belonging to an unlawful organization if there is no active participation. The prosecution in that case had argued that the accused was in possession of literature of 'Jihad'. Recently, a division bench of the High Court of Kerala upheld the compensation of Rs 10 lakhs ordered by a single bench to a man who was illegally arrested on ground of possessing Maoist literature.
While granting bail to human rights activist Dr Binayak Sen in a UAPA case, the Supreme Court observed that mere possession of Maoist literature will not make one a criminal.
In this context, it is pertinent to recall the words of Justice Chinnappa Reddy in the case State of Madhya Pradesh v Ramashankar Raghuvanshi (1983), which set aside the government's decision to dismiss a teacher on the ground that he was associated with RSS and Jan Sangh in past.
Holding that a person cannot be denied public employment on grounds of his political beliefs, Justice Reddy held :
"India is not a police state. India Is a democratic republic. More than 30 years ago, on January 26, 1950, the people of India resolved to constitute India into a democratic republic and to secure to all its citizens "Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity", and to promote "Fraternity, assuring the dignity of the individual". This determination of the people, let us hope, is not a forgotten chapter of history. The determination has been written into the articles of the Constitution in the shape of Fundamental Rights and they are what makes India a democratic republic and what marks India from authoritarian or police States."
The Constitution places an individual as its basic unit and seeks to expand the horizons of one's liberties, by placing limitations and burdens on the State, as explained by the SC in the Puttaswamy case.
The UAPA amendments with the intentions as stated by the Union Home Minister turn these decisions on their head.
In Joint Anti-Fascist Refugee Committee vs. McGrath Justice Douglas of the U.S. Supreme Court had observed :
"In days of great tension when feelings run high, it is a temptation to take shortcuts by borrowing from the totalitarian techniques of our opponents. But when we do, we set in motion a subversive influence of our own design that destroys us from within."
This amendment is such a 'short cut', which serves the purpose of only feeding mob frenzy.
NIA Amendment
- Divyank Yadav
.
During the recent passage of National Investigative Agency (Amendment) Bill, 2019 in Lok Sabha, Home Minister Amit Shah, while refuting opposition claims over "misuse" of law ,asserted that the Modi government will never misuse it on the basis of religion but ensure that terrorism is finished off irrespective of the religion of the accused[ii].
This claim of the Home Minister may not be reflective of ground realities, when one takes into account the history of use of anti-terror laws against innocent citizens.
Indians being subservient to the draconian law during British Raj was a norm. This hasn't changed much after independence. TADA[iii] (elapsed) and POTA[iv] (now repealed) enacted after India gained independence, by Indian legislators, were draconian in a way as they were used effectively by state agents to abuse personal liberty and Fundamental Rights. Take for instance, Section 17(4) of TADA, which stated "…nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the provisions of this Act…". The provisions of the Unlawful Activities (Prevention) Act, 1967 (for short "the UAPA Act"), namely under Section 43D(4) and 43D(5) are similar to the aforesaid Sections 17(4) and 17(5) of the TADA Act.
Similarly, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short "MCOC Act"), namely, Sections 21(3) and 21(4) are identical in terms. According to one political analyst, these laws are regurgitated versions of one another[v]. There have been examples when Supreme Court has invalidated a law and Parliament has enacted another law, with more harsher provisions than previous one or Indian government has repealed one law and fortify it with yet another law, more draconian and heinous than its predecessor[vi]; The repealing of POTA in 2004, in this sense, was just an eyewash as most of its provision were added to UAPA act[vii] by amending it in 2008.
Innocents made scapegoats
The Fundamental Rights are all parts of an integrated scheme and their waters must mix to constitute grand flow of impartial justice. Legislation should not invade the rights and should not smack of arbitrariness. The restriction of law should be rational and connected to the purpose for which it is necessary[viii]. Needless to say, laws which abridge fundamental rights and personal liberty of human on mere suspicion of crime are worst form of law. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case[ix].Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person[x].
National Police Commission in its third report mentioned power of arrest as one of the chief sources of corruption in the police, in India. The report suggested that, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police arrests and action accounted for 43.2% of the expenditure of the jails[xi]. The Law Commission of India on many occasions has severely criticized the police for the arbitrary use of power of arrest. Arrest brings humiliation, curtails freedom and cast scars forever. Lawmakers know it so also the police. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive[xii]. A wrongful arrest violates Article 21 of the constitution; the victim of arrest is entitled to compensation[xiii].Although, compensation can be granted for wrongful arrest but no compensation can justify the loss of dignity or the hardships one has endured in jail due to wrongful arrest.
Most misused provision
There have been instances of tribals being branded as Maoists and arrested by police for the only crime of trying to protect their area from exploitation and mining. Out of 39% of population of SC, ST and minorities in India, 53% of them are behind bars and most of them have been convicted under UAPA act[xiv].
Subsection 2(o) (iii) of UAPA Act that was added by an amended act of 2004 is in itself very vague as it makes any action a crime if it causes 'Disaffection against India'. This has been effectively used by government, in lieu of national security, to suppress the critiques it fears. If a person is charged under UAPA, then even the court cannot exercise its power, to order or to direct the officer in charge of a prison to produce the detained person in court for inquiry, trial, answering to a charge or any other such proceedings, as UAPA specifies that S. 268 of the Cr.P.C. applies to every offence under the act. Accused charged under the UAPA can be denied all access to the court! Under UAPA police have 180 days instead of 90 to file a charge-sheet and it also doubles the time of one being remanded to police custody of up to 30 days and increases the duration of judicial custody to 90 days as well. The provisions of this law reminds of George Orwell's '1984'.
The fortification of NIA (amendment) bill, is no more than an act of bamboozle. The atrocities committed on Dalits, Tribals and minorities by state machinery outweigh the atrocities committed by government on any other individual .It is appalling to note that majority of those who charged under anti-terror laws are the people belonging to SC, ST and minority communities.
Dalit activist, Angela Sontakke was arrested on 24 April 2011 by the Maharashtra ATS for allegedly having links with Maoists. For police, mere possession of maoist literature was enough for her conviction under UAPA act. Six others arrest of dalits followed within days of Angela's arrest. Sushma Hemant Ramteke, 27 years, was arrested for the only offence of sharing rented accommodation with Angela. Anuradha Sonule and Mayuri Bhagat (Jenny), both 23 years of age, were found in possession of Maoist literature, and were thus arrested as they too have been accused of being members of the CPI (Maoist). Manoj Sonule was arrested in 2008 along with Arun Ferreira (human rights activist) and eight others on charges of being an alleged naxalite. (All the accused, including Manoj and Arun, were later acquitted in September 2017 as none of the charges could be proved against them).Even though, Supreme Court in the case of Arup Bhuyan[xv] ruled that, "Mere membership of a banned organization will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence".
In another case of Chatradhar Mahto, a peasant-Tribal leader from Lalpur (West Bengal) who was also the spokesperson the Peoples Committee against Police Atrocities (PCPA) was arrested in 2009 and was charged under UAPA Act. Twenty cases including those of keeping arms, exploding land mines, waging war and riotous assembly were registered against him. He was granted bail since Police could not prove any charge against him, but is not being released from the jail because of pending UAPA charges against him. Ranjit Murmu, who was arrested along with Chatradhar Mahto, died in police custody on 24th September 2011.
In April 2008, Jiten Marandi, a cultural activist of Jharkhand was arrested and charged under UAPA for Chilkhara massacre, a crime which he never committed. The police filed a charge-sheet and used three stock witnesses to get him convicted. The Sessions court awarded him death penalty but it was Jharkhand High Court which reversed the order and dropped all charges under UAPA against him.
Swapan Dasgupta, the editor-publisher of the Bengali version of People's March was arrested in February 2010 and was charged under UAPA on the ground that his magazine was an organ of banned CPI (Maoist) party and thus is accused of waging war against India. He died on 2nd February 2010 under the custody of West Bengal Police. However, one of the peculiar fact here to mention is that the magazine was registered under Govt. of India and was never outlawed or banned.
On 28th of August 2018, Arun Ferreira and Vernon Gonsalves were again arrested along with Gautam Navlakha (civil liberties activist), Sudha Bhardwaj (trade union activist) and Varavara Rao (telugu poet) for their alleged links to Communist Part of India – Maoist[xvi].However, one curious fact here to take note of is that, Maharashtra police was unable to explain the specific offence for detaining Gautam Navlakha[xvii].
In a similar fashion, on 6th of June 2018, police arrested 5 activists namely Dr Soma Sen, Surendra Gadling, Mahesh Raut, Sudhir Dhawale and Rona Wilson on the ground of their alleged links with Maoists and charged them under UAPA along with other provision of IPC, for their financial contribution in organizing 'Elgar Parishad' (an event culminated into Koregaon-Bhima riots) to commemorate the contribution of Dalits in the Koregaon-Bhima battle fought on January 1,1818; When the dalits gathered for commemoration, Right-Wing activists led by Hindutva leaders Milind Ekbote and Shambhaji Bhide allegedly attacked them, which led into the incitement of Koregaon-Bhima riots on January 1, 2018[xviii]. Post-violence an F.I.R was filed on 3rdof January 2018 against Milind Ekbote and Shambhaji Bhide for inciting violence. The police, has totally abandoned this line of enquiry despite a number of evidences. Instead, they are following up on an F.I.R. filed on 8 January, 2018 claiming that the violence was made against the speeches made by the members of Elgar Parishad[xix]. However, later as the plot started to thicken, police started claiming that, these 5 members were part of Naxal operation and a letter was found from their possession in which they were planning a 'Rajiv Gandhi type assassination' of PM Modi.
Two former IPS officers with experience in probing cases related to anti-insurgency operations and extra-judicial killings have contested the police's claims of a Maoist plot. Former Jharkhand director-general of police G.S. Rath, who dealt mainly with intelligence on Maoists from 2000 to 2013, said that[xx], "In my career, I never came across Maoists using original names in communications. They stuck to aliases. They use hand-written notes only for political propaganda.... The threat of killing the PM may be an individual opinion of a member but it would have to be cleared by the politburo."
Former Gujarat additional DGP (intelligence), R.B. Sreekumar, who had testified before several probes into extra-judicial killings and the Gujarat riots, said[xxi] that, "These letters seem to be planted. Maoists never use real names. In Gujarat some 22 alleged terrorists, including Ishrat Jahan, were killed in fake encounters that were investigated by the Justice Bedi Commission. In every other case the police would say that they (the accused) were Lashkar-e-Toiba or Hizbul Mujahideen (operatives) and that they were trying to kill then CM (Narendra) Modi."
Of the five arrested, Gadling spent his legal career fighting for those arrested under TADA and UAPA; Dhawale, a dalit activist and editor of 'Vidrohi' magazine, earlier spent his three years in jail on Naxalism charges and was acquitted latter of all charges; Raut, is an anti-mines activist, and led various campaign against mining activities; Shoma Sen is an English professor whose husband was earlier arrested for Naxal links and latter acquitted and Wilson is a Public relations Secretary for the Release of Political Prisoners.
There have been also various cases in which Dalit activists or members belonging to tribal communities when demanding their rights or fighting for their rights in a lawful manner have been dealt with iron hand by the government and have been implicated under false charges so as either to save the police from the pain of further investigation or to prove their faithfulness towards their leader, resulting in custodial tortures or deaths to obtain their confession. Take for instance, Indian government harassment of persons belonging to Dongria Kondh tribe of Odisha, a tribe which protested against Vedanta's mining operation, a project which endangered their lands at the foot of Niyamgiri hills. One of the leaders of protest, Dodi Pusika's daughter-in law was arrested and in exchange for her release whole family including Dodi Posika was made to 'surrender' as Maoist and paraded in front of whole media. Another example is of Soni Sori, a tribal teacher who was arrested for Maoist connection and was cold-bloodly tortured in the police custody and was subsequently released after many national and international campaigns[xxii] Even though there is a remedy available for bail if the charges are not proved against a convict in frivolous cases, but there is no remedy available to restore his honour.
The story of Wahid Shaikh here is worth mentioning as he was arrested in 2006 and charged under UAPA for 2006 Mumbai Blasts case. He was reportedly subjected to various tortures (one of the dreaded torture was of forcing him into a narrow space between two rooms) to sign his confession and lived almost 7 out of 9 years in solitary confinement. He was acquitted of all charges in 2015. "Maine nau saal main is nizam se faith kho diya (I have lost faith in the government and the courts)" said Wahid[xxiii], after acquittal.
At last, these lines by Edmund Burke stand relevant in contemporary Indian times, "People crushed by laws, have no hopes but from power. If the laws are their enemies, they will be enemies to the law; and those who have much to hope and nothing to lose will always be dangerous."
Why NOT Death Sentence to other Criminals ? Judges ? Police ?
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
We have utmost heartfelt respects to honest few in judiciary , police & public service. We SALUTE them. Our effort here is to bring errant judges , police & public servants to book.
Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is honesty & integrity of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police are inside enemies , traitors and cause more damage to national security than terrorists , naxalites or enemy armies. Which court dares to hang such corrupt judges , corrupt police ?
A. Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding , abetting terror don’t deserve humane treatment. One among those terrorists yakub memmon responsible for Bombay bomb blast rightly deserved death sentence.
B. Dhananjay chatterjee killed an innocent little girl. He too rightly deserved death sentence.
Law Regarding death sentence is right , problem lies in it’s interpretation & enforcement . some of our corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement / match fixing is done. Read full details with actual cases …… A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
There is every possibility of innocent persons belonging to weaker , vulnerable sections of society , who cann’t defend themselves getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges are NOT Gods. That is why , Judges please don’t play GOD. Please go through following actual cases fit for death sentences , but with biased view & under the patronage of powers that be escaped gallows.
2. Question(s) of Law:
Why death sentence to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
3. Grounds:
Requests for right , unbiased prosecution , equitable justice for all.
4. Averment:
A. What action against dawood Ibrahim & tiger memmon ? what action against ministers , police , film personalities who have ties with dawood & attended parties hosted by dawood @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals ? biased law enforcement.
B. Why not death sentence to those responsible for burning Sabarmati express train passengers ? biased law enforcement.
C. Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath state government appealed to higher court seeking death sentence to perpetrators of godhra riots ? biased law enforcement.
D. Why not death sentence to those responsible for murdering RTI activists , whistle blowers ? biased law enforcement.
E. Why not death sentence to those responsible for murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
F. Why not death sentence to those responsible for Bombay riots prior to Bombay bomb blasts ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
G. Why not death sentence to those responsible for sikh massacre in delhi after assassination of PM Indira Gandhi ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
H. Why not death sentence to both master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
I. Why not death sentence to STF police personnel who ran a place called “workshop” in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
J. Why not death sentence to police officials responsible for cold blooded murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary , https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
K. Why not government pay compensation to civilian victims of terrorist acts , riots ? why don’t government pay appropriate respect , recognition , compensation to police , security , military personnel who lay down their lives in the line of duty guarding our motherland & our brethren ?
L. Why lenient punishment to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
M. Why no action against corrupt , criminal judges & police who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby protecting the crimianls ? biased law enforcement. Read NOTICE TO CJI http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India , https://sites.google.com/site/eclarionofdalit/pil---notice-to-cji
N. Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids SALWA JUDUM a counter terrorist , anti naxalite outfit which is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government aided tamil terrorists in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists in east Pakistan , ultimately creating Pakistan ? all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives. Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of interfering in other’s affairs resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing aid to terrorists ? biased law enforcement.
O. Late Mr.Warren Anderson was in control of Bhopal United Carbide plant , through internal safety checks & 3rd party audits he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However ministers , government officials of both state & central governments without orders , permission from the court illegally got him out of jail arranged a special car , special aeroplane for the culprit to escape from law. Years afterwards , a CJI of supreme court of india diluted the man slaughter charges against Mr.Anderson. Why no death sentence to Anderson responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.
In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c . to abolish death penalty or to give choice of death to convicts.
d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Salutes to martyrs - CRPF personnel who sacrificed their lives in the line of duty @ Pulwama , J&K on 14.02.2019. Since decades many of our Military , Para military personnel have sacrificed their lives to protect us – citizens of india against attacks from external enemies , terrorists & Naxalites. We salute you Brave Jawans.
PIL - India , Pakistan , USA sponsoring TERRORISM
Double speak of Government
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. …….OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
H.E.Honourable President of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only , at least democracy is surviving in India.
A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned police , judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , No Police , No Military , etc are supreme. Judges , ministers , president , Police , Military etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these police , judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C. Inequality in society , unjust laws , unjust enforcement of law is a breeding ground for frustrated youths , criminal elements , naxalites , terrorists. Vested foreign & domestic interests manipulate these inequalities in society to advance their vested selfish interests using these frustrated , disillusioned youths as pawns in their power game.
D. I will list below various types of inequities existing in present day india even after nearly 69 years of independence.
E. People of Jammu & Kashmir , North Eastern states of India are governed by different set of laws than the rest of india.
F. There are different set of property laws , succession laws , marriage laws , etc for people of different religions.
G. Judges committing crimes against women , indulging in corruption, etc can not be legally prosecuted & punished.
H. Even after 69 years of independence , still dalits , tribal people are suffering & backward.
I. Police & other law enforcement agencies use 3rd degree torture against people suspected of petty crimes , whereas they don’t use 3rd degree torture against their own corrupt colleagues , Judges who aid underworld dons , big criminals earning bribe money to the tune of lakhs , crores of rupees. In many cases of Police corruption , judicial corruption even legal prosecution is not at all done.
J. Whole MUSLIM community is painted as a terror & suspected world over. They don’t easily get jobs , rented houses , loans , etc everybody suspects them. True most of the terrorists come from muslim community , however there are also common folk like us in the muslim community who yearn for a honest , simple living. There are good people in all communities as there are bad people.
K. Anti Terror Laws like TADA , AFSPA , etc are used with impunity without reasoning even on old people , children and whoever questions the police , military for their actions. Ideally these laws should cover those aiding terrorists , anti nationals. However certain celebrities , police officials themselves who hobnob with terrorists , underworld and aid their terror activities are not covered by these terror laws.
L. Constitution of India has not authorized , given powers to anybody to use 3rd degree torture against suspects , it is illegal & inhuman. Police selectively use 3rd degree torture against suspects , innocents from poor , ordinary back grounds to extract false confessions. Whereas they don’t use 3rd degree torture against real time , big time rich & influential criminals instead they get many facilities in the jail.
M. Crime is a crime , whether big or small. There is discrimination in cell allotment , labour hours , provision of food , visitors facility between ordinary accused & rich accused persons , ordinary criminals and rich criminals within jail.
N. The police & Presiding Judge in the case are responsible for health , safety of persons both in their custody as well as safety of witnesses outside. Many persons are subjected to 3rd degree torture while in custody , some people have died in lock up and witnesses were threatened , murdered outside , but the respective police , judges are not legally prosecuted for murder charges.
O. The suspects who were acquitted of charges under anti terror laws & other criminal charges , who went through hell , whose family suffered , are not paid any compensation for wrongful detention by courts of law nor the police who were responsible for wrong detention are legally prosecuted for leveling false charges.
P. Tribal people who are inhabitants of forest , who are living in harmony with ecology , protecting forests since centuries are evicted by authorities in the name of protecting forests. Same authorities give vast tracts of forest land on platter to big multinational corporations , who in turn destroy ecology , environment.
Q. Dalits , backward class people when construct small temporary hutments on government land , those hutments are immediately razed down , dalits evicted by police , authorities. When rich crooks illegally encroach vast tracts of government lands , lakes , canals , build huge townships , business complexes earning crores of rupees , no action to raze down illegal buildings , evict encroachers is taken by police , authorities. Sadly , government is in process of enacting laws to legalize those illegal structures belonging to rich crooks.
R. Government of india to fight the proxy war of cunning , coward external enemies is indulging in the same cowardly tactics of aiding & abetting terrorism , by the way killing many innocent civilians. Instead GOI must give a befitting military reply to enemy.
S. GOI is responsible for creation , funding , training of SALWA JUDUM , to counter naxalism in india. GOI is responsible for creation , funding , training of counter terrorist out fits in north east india , jammu Kashmir , Pakistan and responsible for creation , funding , training of LTTE , Tamil terrorist outfits in srilanka. GOI poked it’s nose in the internal affairs of east Pakistan which led to creation of separate nation Bangladesh. All these led to loss of thousands of innocent lives , GOI didn’t bother to compensate them.
T. In india , we have many unattended domestic problems , half of our population is barely sustaining on a single piece meal a day. GOI instead of properly using the precious tax payer’s money to solve domestic problems , squandering them on funding terror outfits. No legal prosecution of GOI Ministers responsible for these terror acts taken till date.
U. Actions were taken with impunity against sikh terrorists but in the same way actions were not taken against those responsible for sikh massacre in delhi , else where.
V. Actions were taken with impunity against terrorists responsible for burning of Sabarmati express train were taken , but in the same way actions were not taken against those responsible for Godhra riots in Gujarath.
W. Actions were taken with impunity against terrorists responsible for Bombay bomb blasts were taken , but in the same way actions were not taken against those responsible for Bombay riots afterwards.
X. Many industrialists are contributing money to criminals , but no action by GOI to stop it taken till date.
Y. Government of Pakistan , china are aiding terrorists , separatists , Maoists in india. Government of USA is also indirectly aiding terrorists , separatists , Maoists in india through Pakistan.
Z. Whoever raises his voice against the illegalities of authorities are silenced in many ways by authorities. He will be fitted in fake cases , his livelihood snatched away , courts with weird interpretations of law will punish him , slap contempt charges on him sending him to jail. If he is spilling out more TRUTH he will be neutralized , murdered by intelligence agencies with the aid of criminals. Many whistle blowers , RTI Activists , Journalists , Human Rights Activists , Crusaders have died mysteriously this way. No compensation to victims , no legal prosecution of authorities responsible for it till date.
2. Question(s) of Law:
Are all Indian citizens really equal ? Are police , judges , ministers above law ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in functioning of police & Judiciary .
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES , POLICE , PUBLIC SERVANTS responsible for above mentioned injustices.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourable supreme court of india to enforce uniform civil code for all Indian citizens.
(iii) Hereby , I do request the honourable supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourable supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) Hereby , I do request the honourable supreme court of india to annul legal immunity privileges given to judges of india and make the judges accountable for all their actions.
(vi) Hereby , I do request the honourable supreme court of india to annul Article 370 of our constitution giving special status to jammu Kashmir state and also annul laws giving special status to north eastern states of india.
(vii) Hereby , I do request the honourable supreme court of india to initiate legal prosecution of police , law enforcement officials , judges responsible for 3rd degree torture of innocents , lock-up deaths , fake encounters and to pay compensation to victims and to recover money from personal properties of those guilty police , judges.
(viii) Hereby , I do request the honourable supreme court of india to order the jail authorities to stop classification of prisoners and to stop discrimination of prisoners.
(ix) Hereby , I do request the honourable supreme court of india to order police & presiding judge of a case to ensure protection of life of accused , witnesses in the case , complainant of the case.
(x) Hereby , I do request the honourable supreme court of india to order GOI & state governments to give reservation , other facilities to dalits , backward class people in turn. Then facilities will be available to wide section of dalits instead of a creamy , affluent dalit family repeatedly getting benefits for generations , while hundreds of dalit families don’t get benefit even once in their life time.
(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to protect the forest rights of tribals over the forest they dwell in. To legally prosecute illegal encroachers of forest , rich crooks.
(xii) Hereby , I do request the honourable supreme court of india to annul the land acts enacted by various state governments which goes on to legalize illegal encroachment of government lands , lakes , canals , etc by rich crooks. To legally prosecute the illegal encroachers , rich crooks.
(x) Hereby , I do request the honourable supreme court of india to legally prosecute ministers , public servants of GOI & state governments who aided, abetted terrorism , who created SALWA JUDUM , who aided tamil terror outfits in srilanka , who created counter terror outfits in NEFA , J&K , Pakistan , who aided Bangladeshi separatists. To pay compensation to victims of those terrorism and to recover money from properties of guilty ministers , guilty public servants.
(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to take impartial action against all the criminals responsible for terror acts , riots , bomb blasts irrespective of which party they belong to or which community they belong to or if he is a celebrity or ordinary person.
(xii) Hereby , I do request the honourble supreme court of india to order GOI to give a befitting military reply to enemies , crush the intruders , terrosists , naxalites but not to indulge in cowardly proxy war which kills innocent civilians.
(xiii) Hereby , I do request the honourble supreme court of india to order GOI & state governments to pay compensation to victims who were wrongly detained , jailed by police , authorities under anti terror laws , criminal laws. To recover money from properties , salary , pension of guilty police & judges.
(xiv) Hereby , I do request the honourble supreme court of india to order RBI , GOI & state governments to rigorously monitor transactions of commercial firms , industries for black money transactions and to keep a tab on auditors , company secretaries who aid those criminals. To make public details of guilty industrialists , to legally prosecute them and to recover money siphoned off from them.
(xv) Hereby , I do request the honourble supreme court of india to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case to remove inequalities prevailing in our law , in law enforcement & in our society as mentioned above. By which, causes of origin for naxalism , terrorism can be erased.
(xvi) Hereby , I do request the honourble supreme court of india to declare Pakistan , china & USA as terror states and order GOI to deal accordingly with those nations and to make an appeal to UNITED NATIONS , INTERNATIONAL COURT OF JUSTICE to take action against Pakistan , china & USA for their terror crimes in india.
(xvii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 23rd January 2016………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India…………………………………… Petitioner in person
O’ JIHADIS , FREEDOM FIGHTERS , TERRORISTS & NAXALITES
- Introspect yourself
Kashmiri militants claim they are fighting for kashmiris, when the very same kashmiris were suffering from loses due to earthquake why didn't the so-called jihadis didn't make any relief efforts? Why didn't their foreign master – Pakistan didn't make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn't make appropriate relief efforts. It is government of India & international community who provided proper & timely relief.
The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your education , health care or self employment schemes through NGOs. The fact is they don't want your well being, they don't want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.
Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.
In the past, government of India aided tamil separatists, Pakistan terrorists, etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders. Now, in the bomeerang effects of their actions, innocents are dying in bomb blasts, etc.
Violence breds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must be against the corrupt system, for that peaceful struggle democracy is the best forum. Don't be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.
Just imagine yourselves in the place of victims of delhi serial bomb blasts (29/10/2005) or Mumbai blasts of 26/11/08 . just imagine the plight of little child MOSHE who has lost both his parents , imagine Your mother & wife are crying, your children are dead , your father's hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it's followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.
Whether it is in india or else where , democratic system is best form of governance. The people in those countries suffer due to corrupt public servants . in all such cases , the legal , non violent fight must be against the corrupt people , corrupt police , corrupt judges , CORRUPT public servants but not against the system itself.
Let us build ram rajya of mahatma's dream through non violent means within the existing democratic framework . Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraj.M.R.
Sri Lanka blames India for Tamil separatist war
Updated: Apr 10, 2013 18:59 IST
Colombo: Sri Lanka Wednesday blamed India for the Tamil separatist war which dragged for 30 years on the island.
The information department quoted Defence Secretary Gotabhaya Rajapaksa as telling the local media that India could never absolve itself of the responsibility for creating terrorism in Sri Lanka.
India’s former permanent representative to the UN, Hardeep Singh Puri, called for an investigation into specific allegations of war crimes during the last 100 days of military operations in Sri Lanka.
Rajapaksa, however, said those demanding accountability on Sri Lanka’s part for alleged atrocities committed during the last 100 days of the conflict were silent on the origin of terrorism in Sri Lanka.
He said Puri should realise that India’s intervention in Sri Lanka had caused a major regional crisis when “Indian-trained Sri Lankan terrorists” raided the Maldives in November 1988.
Rajapaksa said the international community should consider a comprehensive investigation into the issue beginning with the Indian intervention.
The information department quoted the defence secretary as saying that some interested parties were reluctant to acknowledge that Sri Lanka was a much better place today without the Tamil Tigers.
The Sri Lankan military defeated the Liberation Tigers of Tamil Eelam (LTTE) in May 2009 after 30 years of war.
According to the South Asia Terrorism Portal, more than 20,000 civilians have been killed in attacks by armed groups in Pakistan between 2003 and 2015. And the December 16 attack on the school in Peshawar wasn’t the first to target schoolchildren.Dec 16, 2015
The Sri Lankan Civil War was an armed conflict fought on the island of Sri Lanka. Beginning on 23 July 1983, there was an intermittent insurgency against the government by the Liberation Tigers of Tamil Eelam (the LTTE, also known as the Tamil Tigers), which fought to create an independent Tamil state called Tamil Eelam in the north and the east of the island. After a 26-year military campaign, the Sri Lankan military defeated the Tamil Tigers in May 2009, bringing the civil war to an end.[1]
For over 25 years, the war caused significant hardships for the population, environment and the economy of the country, with an initial estimated 80,000–100,000 people killed during its course.
PIL Before Supreme Court of USA
IN THE SUPREME COURT OF USA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State , India and Global American Citizens
…..Petitioners
Versus
H.E.Honourable President of USA & Others
….Respondents
Petition under BILL OF RIGHTS and Human Rights Charter
To ,
Hon’ble The Chief Justice of USA and His Lordship’s Companion Justices of the United States of America
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Inequality in society , unjust laws , unjust enforcement of law is a breeding ground for frustrated youths , criminal elements , naxalites , terrorists. Vested foreign & domestic interests manipulate these inequalities in society to advance their vested selfish interests using these frustrated , disillusioned youths as pawns in their power game.
b. Police & other law enforcement agencies use 3rd degree torture against people suspected of petty crimes , whereas they don’t use 3rd degree torture against their own corrupt colleagues , Judges who aid underworld dons , big criminals earning bribe money to the tune of Millions of dollars. In many cases of Police corruption , judicial corruption even legal prosecution is not at all done.
c. Whole MUSLIM community is painted as a terror & suspected world over. They don’t easily get jobs , rented houses , loans , etc everybody suspects them. If you go by numbers there are many Christian terrorists in spain , Nicaragua , cuba , Ireland , etc and most importantly masterminds of terrorism , people who sowed the seeds of terrorism in Middle East , Asia , else where are all CHRISTIANS. Does that mean all Christians are terrorists. True most of the terrorists come from muslim community , however there are also common folk like us in the muslim community who yearn for a honest , simple living. There are good people in all communities as there are bad people.
d. Crime is a crime , whether big or small. There is discrimination in cell allotment , labour hours , provision of food , visitors facility between ordinary accused & rich accused persons , ordinary criminals and rich criminals within jail.
e. The police & Presiding Judge in the case are responsible for health , safety of persons both in their custody as well as safety of witnesses outside. Many persons are subjected to 3rd degree torture while in custody , some people have died in lock up and witnesses were threatened , murdered outside , but the respective police , judges are not legally prosecuted for murder charges.
f. The suspects who were acquitted of charges under anti terror laws & other criminal charges , who went through hell , whose family suffered , are not paid any compensation for wrongful detention by courts of law nor the police who were responsible for wrong detention are legally prosecuted for leveling false charges.
g. US Presidents and US government in league with US based MNCs successively poked it’s nose in the affairs of other sovereign nations , created rift in the peaceful countries , sowed the seeds of terrorism , aided & supported terrorists in all respects. US is a heartless butcher , but now preaching non violence , peace to the world.
h. US government always practices double standards take for instance industrial accident done by BP oil off US coast , US Government extracted compensation to the maximum extent. Where as US based MNC Union carbide (now DOW Chemicals) did man slaughter in india at Bhopal , still US government is not ordering the guilty company to pay compensation.
i. USA which is a hugely industrialized nation with population enjoying opulent life style has caused more damage to the environment resulting in climate change. As the worst destroyer of ecology , US government is bound is bound to pay more for the repair of environment. However US government is forcing other backward countries to share it’s own burden.
2. Question(s) of Law:
Are Presidents of United States of America above Law ? Are US police , judges , other public servants above law ?
What Legal Rights Presiden of USA , US Military , US Police & US Judges have to successively violate the human rights of citizens of other countries both within USA & outside.
how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
is not Al-queda , Taliban creations of USA ?
did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
if it is right , the creators of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , illegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Inspite of repeated appeals for justice JUDGES of SUPREME COURT of USA are mum and not taking action against terror presidents. Is it because they owe their elevation to the highest judicial post to the US president or is it a survival act ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty of all American citizens as per BILL of RIGHTS. Transparency , accountability in functioning of US President , US police & US Judiciary .
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY US Presidents US JUDGES , US POLICE , US PUBLIC SERVANTS responsible for TERROR Crimes committed in USA & Outside USA with support from US government.
PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
Hereby , I do request the honorable supreme court of USA to consider this as a PUBLIC INTEREST LITIGATION for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
Hereby , I do request the honourable supreme court of USA to uphold the constitution of USA and to protect the constitutional rights of all American citizens.
Hereby , I do request the honourable supreme court of USA to legally prosecute pas presidents of USA and Incumbent President of Government of United States of America for Terror Crimes , torture of innocents in Guantanamo , renditions , etc.
Hereby , I do request the honourable supreme court of USA to initiate legal prosecution of police , law enforcement officials , judges responsible for 3rd degree torture of innocents , lock-up deaths , fake encounters and to pay compensation to victims and to recover money from personal properties of those guilty police , judges.
Hereby , I do request the honourable supreme court of USA to order the jail authorities to stop classification of prisoners and to stop discrimination of prisoners.
Hereby , I do request the honourable supreme court of USA to order police & presiding judge of a case to ensure protection of life of accused , witnesses in the case , complainant of the case.
Hereby , I do request the honourable supreme court of USA to order DOW Chemicals to pay full compensation to victims of Bhopal Gas Tragedy in India and initiate criminal prosecution of responsible company executives.
Hereby , I do request the honourable supreme court of USA to order government of USA to pay towards the damages it has done to the environment.
Hereby , I do request the honourable supreme court of USA to order government of USA to spend tax payer’s money on food safety , health care , joblessness of American citizens than on sponsoring terrorism in other countries.
to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 31st January 2016………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India…………………………………… Petitioner in person
“THE GREATEST PURVEYOR OF VIOLENCE IN THE WORLD TODAY IS MY GOVERNMENT”
-Rev. Dr. Martin Luther King jr.
“The greatest crime since World War II has been U.S. foreign policy.”
-Former US Attorney General Ramsey Clark
“America must prosecute its own war criminals”
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
– By American Citizens
Our country was known as ” Heaven On Earth” , “Land of Equality & Equal Oppurtunity” & the “Statue of Liberty” rightly symbolized the spirit of our country. Now USA is known as a “Terror State”.
In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don’t deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public :
1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
Recently , in the issue of weekly publication “The Week” , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi’s assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer’s money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care.
Recently , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer’s money. While ordinary Pakistanis were suffering from starvation , lack of health care , etc.
All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn Murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN.
Hereby , we appeal to the Honorable Chief Justices of supreme courts of USA , INDIA , PAKISTAN , BANGLADESH , SRILANKA & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM & murdering innocent people in their respective countries .
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Editor: Nagaraja.M.R.. Vol.15..Issue.31.....04 / 08 / 2019
Government Sponsored Terrorism
As per law , violence committed, terror created against humanity is a crime. Terror committed by separatists , organizations , security personnel, police and public servants are all crimes. However irrespective of political affiliation party in power uses it to it's advantage. By selectively prosecuting some while selectively shielding some. Law & Police must be impartial in their duties, however they work as stooges of rulers. Act professionally , Crush muslim terrorists in the same way crush hindu terrorists also. Crush maoists equally crush salwa judum and criminal industrialists , public officials. Why not crush corrupt police personnel who support mafia, anti nationals ?
Pakistan government Sponsored terrorism in india is a crime. In the same way Indian government Sponsored terrorism in srilanka, pakistan, elsewhere is also a crime. Why not prosecute indian government public servants responsible for these terror crimes under UAPA ?
TADA was rampantly misused by government at that time now present government will misuse UAPA. Please read the following articles and repeal UAPA.
UAPA Amendment : Why Giving Govt Power To Declare Individuals 'Terrorists' Is Problematic?
Without following any formal judicial process, a person can be labelled terrorist, and can be thrown to the 'mob' to suffer extra-judicial punishments.
The Central Government will be having the power to declare an individual as 'terrorist' if the Unlawful Activities (Prevention) Amendment Bill 2019 passed by the Lok Sabha on July 24 becomes law.
This is a potentially dangerous amendment which will empower officials of Union Ministry to brand any person 'a terrorist', without following due process. The name of such a person will be included in the 'Fourth Schedule' proposed to be added in the parent Act. The only statutory remedy available to such a person is to make an application before the Central Government for de-notification, which will be considered by a Review Committee constituted by the Government itself.
Since the already stringent Unlawful Activities (Prevention) Act 1967 (UAPA)has ample powers to deal with persons who support terrorist organizations and unlawful activities, one may wonder what is the real purpose behind the amendment.
As per Section 35 of the UAPA, the Government can notify any organization as terrorist organization "if it believes that the organization is involved in terrorism". Such organizations can be included in the 'First Schedule' of the Act, which has so far 33 names. Any person who is associated with an organization included in the First Schedule as a member, supporter or fund raiser can be punished as per the existing provisions of Sections 38, 39 and 40 of the UAPA.
As the parent Act already has sufficient provisions to deal with individuals linked with terrorist organizations, what is additionally sought to be achieved with the power of designating an individual as terrorist?
It is surprising to note that the amendment does not provide any legal consequence in case an individual is designated a terrorist. The inclusion of one's name in the Fourth Schedule as a terrorist per se will not lead to any conviction, imprisonment, fine, disqualifications or any sort of civil penalties.
So this is simply a power for the government to brand any one as a terrorist. It is hardly a consolation that such a declaration by itself will lead to any adverse legal consequence. An official designation as a terrorist will be akin to 'civil death' for a person, with social boycott, expulsion from job, hounding by media, and perhaps attack from self-proclaimed vigilante groups following. Like the Biblical character of Cain, such a person will be left to wander with a cursed label on his forehead.
In short, without following any formal judicial process, a person can be unilaterally labelled terrorist by the Government, and can be thrown to the 'mob' to suffer extra-judicial punishments, without any effective legal remedies.
This gets more chilling, when one reads the explanations offered by Union Home Minister Amit Shah for the amendment move.
Speaking during the Lok Sabha discussion, the Union Minister said that those who commit terrorist acts and those who promote terrorism and raise money for terrorists should be punished as terrorists. Of course one cannot have a different opinion regarding this, and the Act already has provisions in Chapter VI to deal with such individuals.
However, what the Home Minster said in addition to this is problematic. The Home Minister said :
"And then there are those who attempt to plant terrorist literature and terrorist theory in the minds of the young. Guns do not give rise to terrorist. The root of terrorism is the propaganda that is done to spread it, the frenzy that is spread."
'Terrorist literature', 'terrorist propaganda' etc., are undefined, vague terms with a lot of potential for misuse. There have been instances of UAPA charges being slapped against people for merely possessing revolutionary literature. When a draconian law is based on loose concepts, officials might find it tempting to use it against those who are positioned against the government. For example, those who work for tribal rights, those who criticize deeds of military in troubled areas etc., could run the risk of being branded terrorists.
During the Lok Sabha debate, NCP member Supriya Sule cautioned that the amendment could be used to target human rights activists and social workers, and mentioned the UAPA case against famous academician and activist Anand Teltumbde.
In response to the concerns raised by Sule, the Union Minister said "those who work for Urban Maoists will not be spared".
This loose term 'Urban Maoists', which so far has seen use only in social media and channel debates, has now officially entered the Parliamentary records with the Home Minister invoking it. Terms such as 'anti national' 'urban naxals' etc, are used without nuance and discretion to demonize and vilify ideological opponents and critics of government. It is worrying to see such terms getting used to justify an amendment which can have grave effect on the civil liberties of an individual.
To label a person 'terrorist' merely on the basis of speech and thoughts goes against the basic Constitutional canon that speech can be punished only if it gives rise to direct and imminent violence. This has been settled by the Supreme Court in a catena of decisions, while dealing with anti-terror laws and sedition.
A reading of the line of decisions in Balwant Singh v State of Punjab (sedition), Arup Bhuyan v State of Assam etc., makes this position on free speech law clear.
In Arup Bhuyan, the Supreme Court imported the test of imminence laid down in the US decision Brandenburg vs. State of Ohio, which held that advocacy of violence as a means of accomplishing political or institutional reform will be illegal only if it incites imminent lawless action.
In State of Kerala v Raneef, the SC observed that one cannot be penalized for merely belonging to an unlawful organization if there is no active participation. The prosecution in that case had argued that the accused was in possession of literature of 'Jihad'. Recently, a division bench of the High Court of Kerala upheld the compensation of Rs 10 lakhs ordered by a single bench to a man who was illegally arrested on ground of possessing Maoist literature.
While granting bail to human rights activist Dr Binayak Sen in a UAPA case, the Supreme Court observed that mere possession of Maoist literature will not make one a criminal.
In this context, it is pertinent to recall the words of Justice Chinnappa Reddy in the case State of Madhya Pradesh v Ramashankar Raghuvanshi (1983), which set aside the government's decision to dismiss a teacher on the ground that he was associated with RSS and Jan Sangh in past.
Holding that a person cannot be denied public employment on grounds of his political beliefs, Justice Reddy held :
"India is not a police state. India Is a democratic republic. More than 30 years ago, on January 26, 1950, the people of India resolved to constitute India into a democratic republic and to secure to all its citizens "Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity", and to promote "Fraternity, assuring the dignity of the individual". This determination of the people, let us hope, is not a forgotten chapter of history. The determination has been written into the articles of the Constitution in the shape of Fundamental Rights and they are what makes India a democratic republic and what marks India from authoritarian or police States."
The Constitution places an individual as its basic unit and seeks to expand the horizons of one's liberties, by placing limitations and burdens on the State, as explained by the SC in the Puttaswamy case.
The UAPA amendments with the intentions as stated by the Union Home Minister turn these decisions on their head.
In Joint Anti-Fascist Refugee Committee vs. McGrath Justice Douglas of the U.S. Supreme Court had observed :
"In days of great tension when feelings run high, it is a temptation to take shortcuts by borrowing from the totalitarian techniques of our opponents. But when we do, we set in motion a subversive influence of our own design that destroys us from within."
This amendment is such a 'short cut', which serves the purpose of only feeding mob frenzy.
NIA Amendment
- Divyank Yadav
.
During the recent passage of National Investigative Agency (Amendment) Bill, 2019 in Lok Sabha, Home Minister Amit Shah, while refuting opposition claims over "misuse" of law ,asserted that the Modi government will never misuse it on the basis of religion but ensure that terrorism is finished off irrespective of the religion of the accused[ii].
This claim of the Home Minister may not be reflective of ground realities, when one takes into account the history of use of anti-terror laws against innocent citizens.
Indians being subservient to the draconian law during British Raj was a norm. This hasn't changed much after independence. TADA[iii] (elapsed) and POTA[iv] (now repealed) enacted after India gained independence, by Indian legislators, were draconian in a way as they were used effectively by state agents to abuse personal liberty and Fundamental Rights. Take for instance, Section 17(4) of TADA, which stated "…nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the provisions of this Act…". The provisions of the Unlawful Activities (Prevention) Act, 1967 (for short "the UAPA Act"), namely under Section 43D(4) and 43D(5) are similar to the aforesaid Sections 17(4) and 17(5) of the TADA Act.
Similarly, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short "MCOC Act"), namely, Sections 21(3) and 21(4) are identical in terms. According to one political analyst, these laws are regurgitated versions of one another[v]. There have been examples when Supreme Court has invalidated a law and Parliament has enacted another law, with more harsher provisions than previous one or Indian government has repealed one law and fortify it with yet another law, more draconian and heinous than its predecessor[vi]; The repealing of POTA in 2004, in this sense, was just an eyewash as most of its provision were added to UAPA act[vii] by amending it in 2008.
Innocents made scapegoats
The Fundamental Rights are all parts of an integrated scheme and their waters must mix to constitute grand flow of impartial justice. Legislation should not invade the rights and should not smack of arbitrariness. The restriction of law should be rational and connected to the purpose for which it is necessary[viii]. Needless to say, laws which abridge fundamental rights and personal liberty of human on mere suspicion of crime are worst form of law. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case[ix].Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person[x].
National Police Commission in its third report mentioned power of arrest as one of the chief sources of corruption in the police, in India. The report suggested that, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police arrests and action accounted for 43.2% of the expenditure of the jails[xi]. The Law Commission of India on many occasions has severely criticized the police for the arbitrary use of power of arrest. Arrest brings humiliation, curtails freedom and cast scars forever. Lawmakers know it so also the police. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive[xii]. A wrongful arrest violates Article 21 of the constitution; the victim of arrest is entitled to compensation[xiii].Although, compensation can be granted for wrongful arrest but no compensation can justify the loss of dignity or the hardships one has endured in jail due to wrongful arrest.
Most misused provision
There have been instances of tribals being branded as Maoists and arrested by police for the only crime of trying to protect their area from exploitation and mining. Out of 39% of population of SC, ST and minorities in India, 53% of them are behind bars and most of them have been convicted under UAPA act[xiv].
Subsection 2(o) (iii) of UAPA Act that was added by an amended act of 2004 is in itself very vague as it makes any action a crime if it causes 'Disaffection against India'. This has been effectively used by government, in lieu of national security, to suppress the critiques it fears. If a person is charged under UAPA, then even the court cannot exercise its power, to order or to direct the officer in charge of a prison to produce the detained person in court for inquiry, trial, answering to a charge or any other such proceedings, as UAPA specifies that S. 268 of the Cr.P.C. applies to every offence under the act. Accused charged under the UAPA can be denied all access to the court! Under UAPA police have 180 days instead of 90 to file a charge-sheet and it also doubles the time of one being remanded to police custody of up to 30 days and increases the duration of judicial custody to 90 days as well. The provisions of this law reminds of George Orwell's '1984'.
The fortification of NIA (amendment) bill, is no more than an act of bamboozle. The atrocities committed on Dalits, Tribals and minorities by state machinery outweigh the atrocities committed by government on any other individual .It is appalling to note that majority of those who charged under anti-terror laws are the people belonging to SC, ST and minority communities.
Dalit activist, Angela Sontakke was arrested on 24 April 2011 by the Maharashtra ATS for allegedly having links with Maoists. For police, mere possession of maoist literature was enough for her conviction under UAPA act. Six others arrest of dalits followed within days of Angela's arrest. Sushma Hemant Ramteke, 27 years, was arrested for the only offence of sharing rented accommodation with Angela. Anuradha Sonule and Mayuri Bhagat (Jenny), both 23 years of age, were found in possession of Maoist literature, and were thus arrested as they too have been accused of being members of the CPI (Maoist). Manoj Sonule was arrested in 2008 along with Arun Ferreira (human rights activist) and eight others on charges of being an alleged naxalite. (All the accused, including Manoj and Arun, were later acquitted in September 2017 as none of the charges could be proved against them).Even though, Supreme Court in the case of Arup Bhuyan[xv] ruled that, "Mere membership of a banned organization will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence".
In another case of Chatradhar Mahto, a peasant-Tribal leader from Lalpur (West Bengal) who was also the spokesperson the Peoples Committee against Police Atrocities (PCPA) was arrested in 2009 and was charged under UAPA Act. Twenty cases including those of keeping arms, exploding land mines, waging war and riotous assembly were registered against him. He was granted bail since Police could not prove any charge against him, but is not being released from the jail because of pending UAPA charges against him. Ranjit Murmu, who was arrested along with Chatradhar Mahto, died in police custody on 24th September 2011.
In April 2008, Jiten Marandi, a cultural activist of Jharkhand was arrested and charged under UAPA for Chilkhara massacre, a crime which he never committed. The police filed a charge-sheet and used three stock witnesses to get him convicted. The Sessions court awarded him death penalty but it was Jharkhand High Court which reversed the order and dropped all charges under UAPA against him.
Swapan Dasgupta, the editor-publisher of the Bengali version of People's March was arrested in February 2010 and was charged under UAPA on the ground that his magazine was an organ of banned CPI (Maoist) party and thus is accused of waging war against India. He died on 2nd February 2010 under the custody of West Bengal Police. However, one of the peculiar fact here to mention is that the magazine was registered under Govt. of India and was never outlawed or banned.
On 28th of August 2018, Arun Ferreira and Vernon Gonsalves were again arrested along with Gautam Navlakha (civil liberties activist), Sudha Bhardwaj (trade union activist) and Varavara Rao (telugu poet) for their alleged links to Communist Part of India – Maoist[xvi].However, one curious fact here to take note of is that, Maharashtra police was unable to explain the specific offence for detaining Gautam Navlakha[xvii].
In a similar fashion, on 6th of June 2018, police arrested 5 activists namely Dr Soma Sen, Surendra Gadling, Mahesh Raut, Sudhir Dhawale and Rona Wilson on the ground of their alleged links with Maoists and charged them under UAPA along with other provision of IPC, for their financial contribution in organizing 'Elgar Parishad' (an event culminated into Koregaon-Bhima riots) to commemorate the contribution of Dalits in the Koregaon-Bhima battle fought on January 1,1818; When the dalits gathered for commemoration, Right-Wing activists led by Hindutva leaders Milind Ekbote and Shambhaji Bhide allegedly attacked them, which led into the incitement of Koregaon-Bhima riots on January 1, 2018[xviii]. Post-violence an F.I.R was filed on 3rdof January 2018 against Milind Ekbote and Shambhaji Bhide for inciting violence. The police, has totally abandoned this line of enquiry despite a number of evidences. Instead, they are following up on an F.I.R. filed on 8 January, 2018 claiming that the violence was made against the speeches made by the members of Elgar Parishad[xix]. However, later as the plot started to thicken, police started claiming that, these 5 members were part of Naxal operation and a letter was found from their possession in which they were planning a 'Rajiv Gandhi type assassination' of PM Modi.
Two former IPS officers with experience in probing cases related to anti-insurgency operations and extra-judicial killings have contested the police's claims of a Maoist plot. Former Jharkhand director-general of police G.S. Rath, who dealt mainly with intelligence on Maoists from 2000 to 2013, said that[xx], "In my career, I never came across Maoists using original names in communications. They stuck to aliases. They use hand-written notes only for political propaganda.... The threat of killing the PM may be an individual opinion of a member but it would have to be cleared by the politburo."
Former Gujarat additional DGP (intelligence), R.B. Sreekumar, who had testified before several probes into extra-judicial killings and the Gujarat riots, said[xxi] that, "These letters seem to be planted. Maoists never use real names. In Gujarat some 22 alleged terrorists, including Ishrat Jahan, were killed in fake encounters that were investigated by the Justice Bedi Commission. In every other case the police would say that they (the accused) were Lashkar-e-Toiba or Hizbul Mujahideen (operatives) and that they were trying to kill then CM (Narendra) Modi."
Of the five arrested, Gadling spent his legal career fighting for those arrested under TADA and UAPA; Dhawale, a dalit activist and editor of 'Vidrohi' magazine, earlier spent his three years in jail on Naxalism charges and was acquitted latter of all charges; Raut, is an anti-mines activist, and led various campaign against mining activities; Shoma Sen is an English professor whose husband was earlier arrested for Naxal links and latter acquitted and Wilson is a Public relations Secretary for the Release of Political Prisoners.
There have been also various cases in which Dalit activists or members belonging to tribal communities when demanding their rights or fighting for their rights in a lawful manner have been dealt with iron hand by the government and have been implicated under false charges so as either to save the police from the pain of further investigation or to prove their faithfulness towards their leader, resulting in custodial tortures or deaths to obtain their confession. Take for instance, Indian government harassment of persons belonging to Dongria Kondh tribe of Odisha, a tribe which protested against Vedanta's mining operation, a project which endangered their lands at the foot of Niyamgiri hills. One of the leaders of protest, Dodi Pusika's daughter-in law was arrested and in exchange for her release whole family including Dodi Posika was made to 'surrender' as Maoist and paraded in front of whole media. Another example is of Soni Sori, a tribal teacher who was arrested for Maoist connection and was cold-bloodly tortured in the police custody and was subsequently released after many national and international campaigns[xxii] Even though there is a remedy available for bail if the charges are not proved against a convict in frivolous cases, but there is no remedy available to restore his honour.
The story of Wahid Shaikh here is worth mentioning as he was arrested in 2006 and charged under UAPA for 2006 Mumbai Blasts case. He was reportedly subjected to various tortures (one of the dreaded torture was of forcing him into a narrow space between two rooms) to sign his confession and lived almost 7 out of 9 years in solitary confinement. He was acquitted of all charges in 2015. "Maine nau saal main is nizam se faith kho diya (I have lost faith in the government and the courts)" said Wahid[xxiii], after acquittal.
At last, these lines by Edmund Burke stand relevant in contemporary Indian times, "People crushed by laws, have no hopes but from power. If the laws are their enemies, they will be enemies to the law; and those who have much to hope and nothing to lose will always be dangerous."
Why NOT Death Sentence to other Criminals ? Judges ? Police ?
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
We have utmost heartfelt respects to honest few in judiciary , police & public service. We SALUTE them. Our effort here is to bring errant judges , police & public servants to book.
Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is honesty & integrity of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police are inside enemies , traitors and cause more damage to national security than terrorists , naxalites or enemy armies. Which court dares to hang such corrupt judges , corrupt police ?
A. Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding , abetting terror don’t deserve humane treatment. One among those terrorists yakub memmon responsible for Bombay bomb blast rightly deserved death sentence.
B. Dhananjay chatterjee killed an innocent little girl. He too rightly deserved death sentence.
Law Regarding death sentence is right , problem lies in it’s interpretation & enforcement . some of our corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement / match fixing is done. Read full details with actual cases …… A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
There is every possibility of innocent persons belonging to weaker , vulnerable sections of society , who cann’t defend themselves getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges are NOT Gods. That is why , Judges please don’t play GOD. Please go through following actual cases fit for death sentences , but with biased view & under the patronage of powers that be escaped gallows.
2. Question(s) of Law:
Why death sentence to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
3. Grounds:
Requests for right , unbiased prosecution , equitable justice for all.
4. Averment:
A. What action against dawood Ibrahim & tiger memmon ? what action against ministers , police , film personalities who have ties with dawood & attended parties hosted by dawood @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals ? biased law enforcement.
B. Why not death sentence to those responsible for burning Sabarmati express train passengers ? biased law enforcement.
C. Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath state government appealed to higher court seeking death sentence to perpetrators of godhra riots ? biased law enforcement.
D. Why not death sentence to those responsible for murdering RTI activists , whistle blowers ? biased law enforcement.
E. Why not death sentence to those responsible for murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
F. Why not death sentence to those responsible for Bombay riots prior to Bombay bomb blasts ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
G. Why not death sentence to those responsible for sikh massacre in delhi after assassination of PM Indira Gandhi ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
H. Why not death sentence to both master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
I. Why not death sentence to STF police personnel who ran a place called “workshop” in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
J. Why not death sentence to police officials responsible for cold blooded murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary , https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
K. Why not government pay compensation to civilian victims of terrorist acts , riots ? why don’t government pay appropriate respect , recognition , compensation to police , security , military personnel who lay down their lives in the line of duty guarding our motherland & our brethren ?
L. Why lenient punishment to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
M. Why no action against corrupt , criminal judges & police who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby protecting the crimianls ? biased law enforcement. Read NOTICE TO CJI http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India , https://sites.google.com/site/eclarionofdalit/pil---notice-to-cji
N. Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids SALWA JUDUM a counter terrorist , anti naxalite outfit which is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government aided tamil terrorists in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists in east Pakistan , ultimately creating Pakistan ? all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives. Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of interfering in other’s affairs resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing aid to terrorists ? biased law enforcement.
O. Late Mr.Warren Anderson was in control of Bhopal United Carbide plant , through internal safety checks & 3rd party audits he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However ministers , government officials of both state & central governments without orders , permission from the court illegally got him out of jail arranged a special car , special aeroplane for the culprit to escape from law. Years afterwards , a CJI of supreme court of india diluted the man slaughter charges against Mr.Anderson. Why no death sentence to Anderson responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.
In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c . to abolish death penalty or to give choice of death to convicts.
d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Salutes to martyrs - CRPF personnel who sacrificed their lives in the line of duty @ Pulwama , J&K on 14.02.2019. Since decades many of our Military , Para military personnel have sacrificed their lives to protect us – citizens of india against attacks from external enemies , terrorists & Naxalites. We salute you Brave Jawans.
PIL - India , Pakistan , USA sponsoring TERRORISM
Double speak of Government
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. …….OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
H.E.Honourable President of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only , at least democracy is surviving in India.
A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned police , judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , No Police , No Military , etc are supreme. Judges , ministers , president , Police , Military etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these police , judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C. Inequality in society , unjust laws , unjust enforcement of law is a breeding ground for frustrated youths , criminal elements , naxalites , terrorists. Vested foreign & domestic interests manipulate these inequalities in society to advance their vested selfish interests using these frustrated , disillusioned youths as pawns in their power game.
D. I will list below various types of inequities existing in present day india even after nearly 69 years of independence.
E. People of Jammu & Kashmir , North Eastern states of India are governed by different set of laws than the rest of india.
F. There are different set of property laws , succession laws , marriage laws , etc for people of different religions.
G. Judges committing crimes against women , indulging in corruption, etc can not be legally prosecuted & punished.
H. Even after 69 years of independence , still dalits , tribal people are suffering & backward.
I. Police & other law enforcement agencies use 3rd degree torture against people suspected of petty crimes , whereas they don’t use 3rd degree torture against their own corrupt colleagues , Judges who aid underworld dons , big criminals earning bribe money to the tune of lakhs , crores of rupees. In many cases of Police corruption , judicial corruption even legal prosecution is not at all done.
J. Whole MUSLIM community is painted as a terror & suspected world over. They don’t easily get jobs , rented houses , loans , etc everybody suspects them. True most of the terrorists come from muslim community , however there are also common folk like us in the muslim community who yearn for a honest , simple living. There are good people in all communities as there are bad people.
K. Anti Terror Laws like TADA , AFSPA , etc are used with impunity without reasoning even on old people , children and whoever questions the police , military for their actions. Ideally these laws should cover those aiding terrorists , anti nationals. However certain celebrities , police officials themselves who hobnob with terrorists , underworld and aid their terror activities are not covered by these terror laws.
L. Constitution of India has not authorized , given powers to anybody to use 3rd degree torture against suspects , it is illegal & inhuman. Police selectively use 3rd degree torture against suspects , innocents from poor , ordinary back grounds to extract false confessions. Whereas they don’t use 3rd degree torture against real time , big time rich & influential criminals instead they get many facilities in the jail.
M. Crime is a crime , whether big or small. There is discrimination in cell allotment , labour hours , provision of food , visitors facility between ordinary accused & rich accused persons , ordinary criminals and rich criminals within jail.
N. The police & Presiding Judge in the case are responsible for health , safety of persons both in their custody as well as safety of witnesses outside. Many persons are subjected to 3rd degree torture while in custody , some people have died in lock up and witnesses were threatened , murdered outside , but the respective police , judges are not legally prosecuted for murder charges.
O. The suspects who were acquitted of charges under anti terror laws & other criminal charges , who went through hell , whose family suffered , are not paid any compensation for wrongful detention by courts of law nor the police who were responsible for wrong detention are legally prosecuted for leveling false charges.
P. Tribal people who are inhabitants of forest , who are living in harmony with ecology , protecting forests since centuries are evicted by authorities in the name of protecting forests. Same authorities give vast tracts of forest land on platter to big multinational corporations , who in turn destroy ecology , environment.
Q. Dalits , backward class people when construct small temporary hutments on government land , those hutments are immediately razed down , dalits evicted by police , authorities. When rich crooks illegally encroach vast tracts of government lands , lakes , canals , build huge townships , business complexes earning crores of rupees , no action to raze down illegal buildings , evict encroachers is taken by police , authorities. Sadly , government is in process of enacting laws to legalize those illegal structures belonging to rich crooks.
R. Government of india to fight the proxy war of cunning , coward external enemies is indulging in the same cowardly tactics of aiding & abetting terrorism , by the way killing many innocent civilians. Instead GOI must give a befitting military reply to enemy.
S. GOI is responsible for creation , funding , training of SALWA JUDUM , to counter naxalism in india. GOI is responsible for creation , funding , training of counter terrorist out fits in north east india , jammu Kashmir , Pakistan and responsible for creation , funding , training of LTTE , Tamil terrorist outfits in srilanka. GOI poked it’s nose in the internal affairs of east Pakistan which led to creation of separate nation Bangladesh. All these led to loss of thousands of innocent lives , GOI didn’t bother to compensate them.
T. In india , we have many unattended domestic problems , half of our population is barely sustaining on a single piece meal a day. GOI instead of properly using the precious tax payer’s money to solve domestic problems , squandering them on funding terror outfits. No legal prosecution of GOI Ministers responsible for these terror acts taken till date.
U. Actions were taken with impunity against sikh terrorists but in the same way actions were not taken against those responsible for sikh massacre in delhi , else where.
V. Actions were taken with impunity against terrorists responsible for burning of Sabarmati express train were taken , but in the same way actions were not taken against those responsible for Godhra riots in Gujarath.
W. Actions were taken with impunity against terrorists responsible for Bombay bomb blasts were taken , but in the same way actions were not taken against those responsible for Bombay riots afterwards.
X. Many industrialists are contributing money to criminals , but no action by GOI to stop it taken till date.
Y. Government of Pakistan , china are aiding terrorists , separatists , Maoists in india. Government of USA is also indirectly aiding terrorists , separatists , Maoists in india through Pakistan.
Z. Whoever raises his voice against the illegalities of authorities are silenced in many ways by authorities. He will be fitted in fake cases , his livelihood snatched away , courts with weird interpretations of law will punish him , slap contempt charges on him sending him to jail. If he is spilling out more TRUTH he will be neutralized , murdered by intelligence agencies with the aid of criminals. Many whistle blowers , RTI Activists , Journalists , Human Rights Activists , Crusaders have died mysteriously this way. No compensation to victims , no legal prosecution of authorities responsible for it till date.
2. Question(s) of Law:
Are all Indian citizens really equal ? Are police , judges , ministers above law ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in functioning of police & Judiciary .
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES , POLICE , PUBLIC SERVANTS responsible for above mentioned injustices.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourable supreme court of india to enforce uniform civil code for all Indian citizens.
(iii) Hereby , I do request the honourable supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourable supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) Hereby , I do request the honourable supreme court of india to annul legal immunity privileges given to judges of india and make the judges accountable for all their actions.
(vi) Hereby , I do request the honourable supreme court of india to annul Article 370 of our constitution giving special status to jammu Kashmir state and also annul laws giving special status to north eastern states of india.
(vii) Hereby , I do request the honourable supreme court of india to initiate legal prosecution of police , law enforcement officials , judges responsible for 3rd degree torture of innocents , lock-up deaths , fake encounters and to pay compensation to victims and to recover money from personal properties of those guilty police , judges.
(viii) Hereby , I do request the honourable supreme court of india to order the jail authorities to stop classification of prisoners and to stop discrimination of prisoners.
(ix) Hereby , I do request the honourable supreme court of india to order police & presiding judge of a case to ensure protection of life of accused , witnesses in the case , complainant of the case.
(x) Hereby , I do request the honourable supreme court of india to order GOI & state governments to give reservation , other facilities to dalits , backward class people in turn. Then facilities will be available to wide section of dalits instead of a creamy , affluent dalit family repeatedly getting benefits for generations , while hundreds of dalit families don’t get benefit even once in their life time.
(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to protect the forest rights of tribals over the forest they dwell in. To legally prosecute illegal encroachers of forest , rich crooks.
(xii) Hereby , I do request the honourable supreme court of india to annul the land acts enacted by various state governments which goes on to legalize illegal encroachment of government lands , lakes , canals , etc by rich crooks. To legally prosecute the illegal encroachers , rich crooks.
(x) Hereby , I do request the honourable supreme court of india to legally prosecute ministers , public servants of GOI & state governments who aided, abetted terrorism , who created SALWA JUDUM , who aided tamil terror outfits in srilanka , who created counter terror outfits in NEFA , J&K , Pakistan , who aided Bangladeshi separatists. To pay compensation to victims of those terrorism and to recover money from properties of guilty ministers , guilty public servants.
(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to take impartial action against all the criminals responsible for terror acts , riots , bomb blasts irrespective of which party they belong to or which community they belong to or if he is a celebrity or ordinary person.
(xii) Hereby , I do request the honourble supreme court of india to order GOI to give a befitting military reply to enemies , crush the intruders , terrosists , naxalites but not to indulge in cowardly proxy war which kills innocent civilians.
(xiii) Hereby , I do request the honourble supreme court of india to order GOI & state governments to pay compensation to victims who were wrongly detained , jailed by police , authorities under anti terror laws , criminal laws. To recover money from properties , salary , pension of guilty police & judges.
(xiv) Hereby , I do request the honourble supreme court of india to order RBI , GOI & state governments to rigorously monitor transactions of commercial firms , industries for black money transactions and to keep a tab on auditors , company secretaries who aid those criminals. To make public details of guilty industrialists , to legally prosecute them and to recover money siphoned off from them.
(xv) Hereby , I do request the honourble supreme court of india to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case to remove inequalities prevailing in our law , in law enforcement & in our society as mentioned above. By which, causes of origin for naxalism , terrorism can be erased.
(xvi) Hereby , I do request the honourble supreme court of india to declare Pakistan , china & USA as terror states and order GOI to deal accordingly with those nations and to make an appeal to UNITED NATIONS , INTERNATIONAL COURT OF JUSTICE to take action against Pakistan , china & USA for their terror crimes in india.
(xvii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 23rd January 2016………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India…………………………………… Petitioner in person
O’ JIHADIS , FREEDOM FIGHTERS , TERRORISTS & NAXALITES
- Introspect yourself
Kashmiri militants claim they are fighting for kashmiris, when the very same kashmiris were suffering from loses due to earthquake why didn't the so-called jihadis didn't make any relief efforts? Why didn't their foreign master – Pakistan didn't make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn't make appropriate relief efforts. It is government of India & international community who provided proper & timely relief.
The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your education , health care or self employment schemes through NGOs. The fact is they don't want your well being, they don't want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.
Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.
In the past, government of India aided tamil separatists, Pakistan terrorists, etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders. Now, in the bomeerang effects of their actions, innocents are dying in bomb blasts, etc.
Violence breds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must be against the corrupt system, for that peaceful struggle democracy is the best forum. Don't be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.
Just imagine yourselves in the place of victims of delhi serial bomb blasts (29/10/2005) or Mumbai blasts of 26/11/08 . just imagine the plight of little child MOSHE who has lost both his parents , imagine Your mother & wife are crying, your children are dead , your father's hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it's followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.
Whether it is in india or else where , democratic system is best form of governance. The people in those countries suffer due to corrupt public servants . in all such cases , the legal , non violent fight must be against the corrupt people , corrupt police , corrupt judges , CORRUPT public servants but not against the system itself.
Let us build ram rajya of mahatma's dream through non violent means within the existing democratic framework . Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraj.M.R.
Sri Lanka blames India for Tamil separatist war
Updated: Apr 10, 2013 18:59 IST
Colombo: Sri Lanka Wednesday blamed India for the Tamil separatist war which dragged for 30 years on the island.
The information department quoted Defence Secretary Gotabhaya Rajapaksa as telling the local media that India could never absolve itself of the responsibility for creating terrorism in Sri Lanka.
India’s former permanent representative to the UN, Hardeep Singh Puri, called for an investigation into specific allegations of war crimes during the last 100 days of military operations in Sri Lanka.
Rajapaksa, however, said those demanding accountability on Sri Lanka’s part for alleged atrocities committed during the last 100 days of the conflict were silent on the origin of terrorism in Sri Lanka.
He said Puri should realise that India’s intervention in Sri Lanka had caused a major regional crisis when “Indian-trained Sri Lankan terrorists” raided the Maldives in November 1988.
Rajapaksa said the international community should consider a comprehensive investigation into the issue beginning with the Indian intervention.
The information department quoted the defence secretary as saying that some interested parties were reluctant to acknowledge that Sri Lanka was a much better place today without the Tamil Tigers.
The Sri Lankan military defeated the Liberation Tigers of Tamil Eelam (LTTE) in May 2009 after 30 years of war.
According to the South Asia Terrorism Portal, more than 20,000 civilians have been killed in attacks by armed groups in Pakistan between 2003 and 2015. And the December 16 attack on the school in Peshawar wasn’t the first to target schoolchildren.Dec 16, 2015
The Sri Lankan Civil War was an armed conflict fought on the island of Sri Lanka. Beginning on 23 July 1983, there was an intermittent insurgency against the government by the Liberation Tigers of Tamil Eelam (the LTTE, also known as the Tamil Tigers), which fought to create an independent Tamil state called Tamil Eelam in the north and the east of the island. After a 26-year military campaign, the Sri Lankan military defeated the Tamil Tigers in May 2009, bringing the civil war to an end.[1]
For over 25 years, the war caused significant hardships for the population, environment and the economy of the country, with an initial estimated 80,000–100,000 people killed during its course.
PIL Before Supreme Court of USA
IN THE SUPREME COURT OF USA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State , India and Global American Citizens
…..Petitioners
Versus
H.E.Honourable President of USA & Others
….Respondents
Petition under BILL OF RIGHTS and Human Rights Charter
To ,
Hon’ble The Chief Justice of USA and His Lordship’s Companion Justices of the United States of America
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Inequality in society , unjust laws , unjust enforcement of law is a breeding ground for frustrated youths , criminal elements , naxalites , terrorists. Vested foreign & domestic interests manipulate these inequalities in society to advance their vested selfish interests using these frustrated , disillusioned youths as pawns in their power game.
b. Police & other law enforcement agencies use 3rd degree torture against people suspected of petty crimes , whereas they don’t use 3rd degree torture against their own corrupt colleagues , Judges who aid underworld dons , big criminals earning bribe money to the tune of Millions of dollars. In many cases of Police corruption , judicial corruption even legal prosecution is not at all done.
c. Whole MUSLIM community is painted as a terror & suspected world over. They don’t easily get jobs , rented houses , loans , etc everybody suspects them. If you go by numbers there are many Christian terrorists in spain , Nicaragua , cuba , Ireland , etc and most importantly masterminds of terrorism , people who sowed the seeds of terrorism in Middle East , Asia , else where are all CHRISTIANS. Does that mean all Christians are terrorists. True most of the terrorists come from muslim community , however there are also common folk like us in the muslim community who yearn for a honest , simple living. There are good people in all communities as there are bad people.
d. Crime is a crime , whether big or small. There is discrimination in cell allotment , labour hours , provision of food , visitors facility between ordinary accused & rich accused persons , ordinary criminals and rich criminals within jail.
e. The police & Presiding Judge in the case are responsible for health , safety of persons both in their custody as well as safety of witnesses outside. Many persons are subjected to 3rd degree torture while in custody , some people have died in lock up and witnesses were threatened , murdered outside , but the respective police , judges are not legally prosecuted for murder charges.
f. The suspects who were acquitted of charges under anti terror laws & other criminal charges , who went through hell , whose family suffered , are not paid any compensation for wrongful detention by courts of law nor the police who were responsible for wrong detention are legally prosecuted for leveling false charges.
g. US Presidents and US government in league with US based MNCs successively poked it’s nose in the affairs of other sovereign nations , created rift in the peaceful countries , sowed the seeds of terrorism , aided & supported terrorists in all respects. US is a heartless butcher , but now preaching non violence , peace to the world.
h. US government always practices double standards take for instance industrial accident done by BP oil off US coast , US Government extracted compensation to the maximum extent. Where as US based MNC Union carbide (now DOW Chemicals) did man slaughter in india at Bhopal , still US government is not ordering the guilty company to pay compensation.
i. USA which is a hugely industrialized nation with population enjoying opulent life style has caused more damage to the environment resulting in climate change. As the worst destroyer of ecology , US government is bound is bound to pay more for the repair of environment. However US government is forcing other backward countries to share it’s own burden.
2. Question(s) of Law:
Are Presidents of United States of America above Law ? Are US police , judges , other public servants above law ?
What Legal Rights Presiden of USA , US Military , US Police & US Judges have to successively violate the human rights of citizens of other countries both within USA & outside.
how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
is not Al-queda , Taliban creations of USA ?
did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
if it is right , the creators of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , illegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Inspite of repeated appeals for justice JUDGES of SUPREME COURT of USA are mum and not taking action against terror presidents. Is it because they owe their elevation to the highest judicial post to the US president or is it a survival act ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty of all American citizens as per BILL of RIGHTS. Transparency , accountability in functioning of US President , US police & US Judiciary .
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY US Presidents US JUDGES , US POLICE , US PUBLIC SERVANTS responsible for TERROR Crimes committed in USA & Outside USA with support from US government.
PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
Hereby , I do request the honorable supreme court of USA to consider this as a PUBLIC INTEREST LITIGATION for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
Hereby , I do request the honourable supreme court of USA to uphold the constitution of USA and to protect the constitutional rights of all American citizens.
Hereby , I do request the honourable supreme court of USA to legally prosecute pas presidents of USA and Incumbent President of Government of United States of America for Terror Crimes , torture of innocents in Guantanamo , renditions , etc.
Hereby , I do request the honourable supreme court of USA to initiate legal prosecution of police , law enforcement officials , judges responsible for 3rd degree torture of innocents , lock-up deaths , fake encounters and to pay compensation to victims and to recover money from personal properties of those guilty police , judges.
Hereby , I do request the honourable supreme court of USA to order the jail authorities to stop classification of prisoners and to stop discrimination of prisoners.
Hereby , I do request the honourable supreme court of USA to order police & presiding judge of a case to ensure protection of life of accused , witnesses in the case , complainant of the case.
Hereby , I do request the honourable supreme court of USA to order DOW Chemicals to pay full compensation to victims of Bhopal Gas Tragedy in India and initiate criminal prosecution of responsible company executives.
Hereby , I do request the honourable supreme court of USA to order government of USA to pay towards the damages it has done to the environment.
Hereby , I do request the honourable supreme court of USA to order government of USA to spend tax payer’s money on food safety , health care , joblessness of American citizens than on sponsoring terrorism in other countries.
to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 31st January 2016………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India…………………………………… Petitioner in person
“THE GREATEST PURVEYOR OF VIOLENCE IN THE WORLD TODAY IS MY GOVERNMENT”
-Rev. Dr. Martin Luther King jr.
“The greatest crime since World War II has been U.S. foreign policy.”
-Former US Attorney General Ramsey Clark
“America must prosecute its own war criminals”
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
– By American Citizens
Our country was known as ” Heaven On Earth” , “Land of Equality & Equal Oppurtunity” & the “Statue of Liberty” rightly symbolized the spirit of our country. Now USA is known as a “Terror State”.
In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don’t deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public :
1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
Recently , in the issue of weekly publication “The Week” , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi’s assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer’s money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care.
Recently , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer’s money. While ordinary Pakistanis were suffering from starvation , lack of health care , etc.
All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn Murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN.
Hereby , we appeal to the Honorable Chief Justices of supreme courts of USA , INDIA , PAKISTAN , BANGLADESH , SRILANKA & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM & murdering innocent people in their respective countries .
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,
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