Thursday, February 27, 2020

Ban Reservation

DALIT   ONLINE  
Bi – weekly
Editor: Nagaraja.M.R.. Vol.16.....Issue.15.........20/02/2020

PIL - Reservation for Dalits & Muslims
 
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF


NAGARAJA . M.R

editor  Indian’s  Diary  &  Dalit’s Diary ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,
Honourable Pricipal Cabinet Secretary , GOI  & 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:
   Dalits & backward caste people  have suffered innumerably for centuries  at the hands of forward caste people. It  was nothing but APARTHEID policy.
   Muslims and other  people  whoes numbers were minor  also suffered persecution.
   Our constitutional framers  to provide  equal oppurtunity to all indian citizens gave certain transient  measures like reservation in schools , college , jobs , etc to these persecuted people.
   Now even after 70 years of independence &  reservation , affirmative policies of government still  many dalits , minorities are  suffering. Creamy layers of  dalits , muslims  with political connections  have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. As  a result  few dalits , muslims  have become well educated , rich while their  poor brothers suffer in ghettos , slums.
   Private sector   which  enjoys loans , subsidies , other benefits from government  , public banks  are not bound  by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.
   Successive governments  are indirectly  segregating people with new names & using them as vote banks. Affirmative actions of government  are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.
 
2. Question(s) of Law:
Why NOT  reservation policy  cover all dalits , muslims & minorities ?  Why NOT uniform civil code ?

3. Grounds:

Request for  Protection of Fundamental & Human Right of Equality of all Indian Citizens  in all spheres..
 
4. Averment: 
.
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  enact UNIFORM CIVIL CODE.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.
.



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 legally enforce  Uniform Civil Code.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.
 

f. 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. 

Dated : 05.12.2017          ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 
 
 
Editorial :  Birth  of   DALIT  ONLINE
    Dalit  means  “ Oppressed  Person” .  DALIT  term  refers to all  Oppressed  human beings  irrespective of caste , religion , region , ideology  they belong to.  It doesn’t refer  to a particular  caste alone. Nowadays human beings are treated worse than animals on the basis of their caste or  religion  or poverty  or social status.  Dalits  must be respected , their human rights protected , towards this end  Baba Saheb Dr.B R Ambedkar  drafted our Indian constitution. He has personally suffered  untouchability , oppression throught his life , seen many dalits undergoing the grind. To alleviate their sufferings , to provide them a dignified life , to protect their human rights he drafted our constitution  envisioning equality for all. He  never intended  to uplift somebody by pushing down , suppressing others.  He wanted to uplift downtrodden to the level of dignity.
  To  air grievances of Dalits to the authorities  and to appeal  for justice “ DALIT  ONLINE” e news weekly is born on UNIVERSAL HUMAN RIGHTS DAY ( 10.12.2017 ).  All our  three publications Indian’s Diary , Dalit’s Diary & Dalit Online  merges herewith and the name of merged entity , publication is “ DALIT ONLINE” with weekly periodicity. Let us strive towards an  equitable society as  eulogized below  by Rabindranath Tagore :
Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awake.
 
HUMAN  RIGHTS  , Independence to Dalits , commoners  ?
 
   Even after  70 years of independence , dalits  are not treated as human beings. They have not got the INDEPENDENCE , FREEDOM  envisioned  by our freedom fighters , martyrs. Least of all their HUMAN RIGHTS ar not respected , as  first of all DALITs are not treated as human beings.  Indian  APARTEID.
    Criminalization of police , judiciary ,  public service has taken place. The corrupt persons within the police , judiciary are meting out injustices to commoners. Constitutional rights, human rights of commoners are not respected and  commoners are not allowed to do their  fundamental constitutional duties.
    Read the following articles. Chief Justice of India , Public servants , Various state Director Generals of Police & Home Secretaries are not answering our RTI queries since years. They are afraid of TRUTH , as it will vindicate their crimes. Hereby , we urge them once again to fully answer following RTI Questions and urge CJI to admit following PILs , pass orders accordingly. The delay in taking action by police & judges with respect to RTI appeals , PILs is aiding criminals and causing deaths of innocents. Intentional negligence of duties by above mentioned public servants does not make the following cases time barred and will make them personally responsible for all the resulting crimes.
 
True  INDEPENDENCE , FREEDOM  .  HUMAN RIGHTS can be achieved only through  transparent DEMOCRACY.
    Hope  on this  Universal  Human Rights Day  Indian Authorities will  learn to respect all Human Beings. With this fond hope  “ DALIT  ONLINE ? e news weekly is born today.  Jai hind. Vande Mataram.
 
 
Your’s
 
Nagaraja.M.R.
 
 
 
PIL - Atrocities against Dalits by 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
Cabinet Secretary , Government of India , Chief Secretary , Government of Karnataka & 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.
 
In  India  dalits  , tribals  are oppressed in various ways by the influential people with the  aid of authorities  and  by authorities , police themselves.
India  is a democratic country  with people’s self governance. Here  laws must be framed as per the wishes of people. MPs , MLAs , MLCs  are  just postmans of  public  passing on the message of people’s aspirations  in the respective  houses , parliament , legislative assembly.
MPs , MLAs , MLCs  don’t have legal , moral , democratic right to impose  any laws  much against the wishes of their own people. It  is illegal.  When people in a specified area doesn’t want  a bauxite mining company in their area  as it affects the local ecology ,  their livelihood , their health , life  how can  MPs , MLAs  give legal sanction to establishment of such companies ? How can MPs , MLAs impose such projects on people much against their wishes ?
These type  of  functioning by ruling MPs , MLAs since decades favoring the rich  , suppressing the  poor   has given rise to various people movements  including naxalism. Ofcourse  , as the act of our MPs , MLAs are illegal , some acts of  these movements are also illegal.  Instead the  people  associated with these movements must take up non violent path for expressing their disagreements with the government actions.
The government  by  misusing it’s powers , police machinery  is illegally arresting , torturing innocents , murdering innocents  to suppress the voices seeking justice. The government  is also  illegally  aiding  various  terrorist outfits like salwa judum , salwa judum-2 , Jharkhand jan mukti parishad , etc all to silence  voices seeking justice.
The government  is  targeting , illegally arresting , torturing journalists , lawyers  who are  legally supporting the voices seeking justice. The government has gone to the extreme  of   SUMMARILY  DISMISSING A SITTING  JUDGE  as  he  legally did his duty & upheld the rule of law.
 
 
2. Question(s) of Law:
Are NOT Dalits , Tribals  citizens of India ? Don’t Dalit’s , Tribals  have constitutional rights & human rights to be treated equally ? Why not criminal prosecution of high & mighty practicing dalit atrocities, atrocities against dalits , tribals ?
 
 
3. Grounds:
Requests for equitable justice , Protection of Fundamental & Human Rights of all DALITs & TRIBALs.
 
 
4. Averment:
 
Corrupt people within Government  in their greed for money are framing illegal , unjust laws much against the aspirations of people. 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 Government of india  and all state governments  to  protect the constitutional rights , human rights of all dalits , tribals in india and to strictly work , legislate laws as per the wishes , aspirations of people.
 
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 India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants  of government of india and all state governments in the following cases to perform their duties.
 To immediately reinstate Mr. Prabhakar Gwal , Chief Judicial Magistrate , Sukma , Chattisgarh into judicial service.
 To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.
 To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.
 To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.
 To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.
To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.
 To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers , other state government ministers of jharkand , bihar , Andhra Pradesh , odisha , west Bengal , etc  and   police officials , public servants  of those governments who  were and are  responsible for creation  of terror outfits like SALWA JUDUM  , it’s recent  terror child salwa judum – 2 , Jharkhand mukti parishad , etc. These public servants   have indulged in terror acts of salwa judum , other outfits  by aiding & sponsoring it , which is against law.
To immediately  annul all the laws , orders passed  by government of india , other state governments  authorizing land acquisition , establishment of big industries , mines  much  against the wishes , aspirations of people.
To immediately annul Imposition of big projects on people by MPs , MLAs much against the resistance of  people.
To  order  authorities to release  lawyers , journalists who are illegally detained for  legally supporting people seeking justice.
To  immediately arrest , legally prosecute Mr.Ajit Doval for showing contempt of court  , interfering , influencing the judicial process  in the name of discussion with judges. Government itself is the biggest litigant in the country.
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.
 
Dated : 06th  May 2016……………………………………….. FILED BY: NAGARAJA.M.R.
 
Place : Mysuru , India………………………….. …………………..PETITIONER-IN-PERSON
 
 
PIL - Atrocities against Dalits by Government of Karnataka & Others
 
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
 
Cabinet Secretary , Government of India , Chief Secretary , Government of Karnataka & 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.
 
In Karnataka dalits are oppressed in various ways by the influential people ,
 
1. In the recruitment process at Karnataka State Open University , vice chancellor / vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .
 
2. In the recruitment process at Mysore University , vice chancellor / vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .
 
3. In the recruitment process at Hassan , Mandya , Mysore & Shimoga Medical Colleges , vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .
 
4. In the recruitment process of KPSC for gazetted officers , vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .
 
5. In Karnataka , many privately managed Industrial Training Institutes , Polytechnics have mushroomed and are getting state government grant. The managements have recruited people belonging to their own communities completely disregarding the recruitment rules of the government. Still they are enjoying government grant without any legal prosecution of those guilty.
 
6. The Karnataka government officials immediately evict temporary hutments built by tribals , dalits on government land and demolish those hutments. Whereas they allow huge buildings , complexes to be built on government land by influential upper caste people. The government has kept those illegal buildings intact for years , allowed the encroachers to earn lakhs of rupees and now in the process of regularizing those illegal encroachments.
 
The honourable governor of Karnataka , instead of taking legal action and legally prosecuting the guilty has taken side with the guilty themselves. He has approved AKRAMA SAKRAMA scheme of the government , no action was taken against vice chancellors of KSOU & Mysore University, etc. This is nothing but indirect way of atrocities against dalits , by supporting perpetrators of atrocities.
 
As a result , Since years unfit people are working as KAS officers , unfit people are working in KSOU , Mysore University , Unfit people are working in medical colleges of Madya / Hassan / Mysore / Shimoga and earning thousands of rupees monthly salary. Influential upper caste people are earning lakhs of rupees as rent from land encroachments and are on the verge of becoming legal owners of encroached lands.
 
Even in other states also Dalits are oppressed. See the recent suicide of doctoral student in University of Hyderabad , few moths back we saw dalit atrocity in IIT Chennai.
 
The poor dalits although talented & deserving are without seats , facilities in educational institutions , jobs , without livelihood & shelter.
 
 
 
2. Question(s) of Law:
Are NOT Dalits , citizens of India ? Don’t Dalit’s have constitutional rights & human rights to be treated equally ? Why not criminal prosecution of high & mighty practicing dalit atrocities ?
 
 
3. Grounds:
Requests for equitable justice , Protection of Fundamental & Human Rights of all DALITs.
 
 
4. Averment:
 
Corrupt people within Government of Karnataka are violating government norms during recruitment various educational institutions and while demolishing illegal structures. 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.
 
 
 
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.
 
(ii) To criminally prosecute government of Karnataka chief secretary & governor of Karnataka , for all the above mentioned recruitment scandals , for their failure of duties.
 
(iii) To immediately evict land encroachers & prosecute them irrespective of the caste they belong to. Only eviction of dalits , tribals , downtrodden people & demolition of hutments belonging to them while sparing big buildings belonging to rich , influential forward caste people should not be done.
 
(iv) To annul the moves by Government of Karnataka to regularize big illegal structures built by rich , influential forward caste people without rehabilitating the evicted dalits , tribals , downtrodden. To declare it as illegal.
 
(v) To recover monetary gains made by the encroachers.
 
(vi) To terminate the services of unfit candidates selected in the above mentioned recruitment processes.
 
(vii) To legally prosecute the recruiting authority officials in all the above recruitments.
 
(viii) To make proper appointments with due consideration to dalits , backward class people in all the above institutions , as per law.
 
(ix) To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
 
(x) To take action against those responsible for atrocities against Dalits in University of Hyderabad & IIT Chennai.
 
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
 
Kindly read full details at following web page :
 
https://sites.google.com/site/eclarionofdalit/pil---dalit-atrocities-by-government-of-karnataka
 
 
 
Dated : 19TH January 2015……………………FILED BY: NAGARAJA.M.R.
 
Place : Mysuru , India…………………………...PETITIONER-IN-PERSON



 



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