Dalit-Online
Bi – weekly
Editor: Nagaraja.M.R.. Vol.16.....Issue.24..........22/03/2020
RTI Appeal to Honourable Chief Justice of India, Honourable Chairman NHRC and Honourable DG & IG of Karnataka Police
Honourable Madam or Sir
Refer RTI application nos :
HMBUH/R/2020/60043
NHRCM/R/E/20/00276
JUSTC/R/E/20/00982
Please give us information regarding status of action taken by your office against rogue police , rogue judge mentioned in the following cases and PILs.
Thank you
Nagaraja Mysuru Raghupathi
Crimes by policemen, a matter of concern
By D V Guruprasad, , Former DG & IGP Karnataka
Sometime ago, when Delhi Chief Minister Arvind Kejriwal made a comment that “policemen are criminals in uniform”, there was outrage in the Delhi Police. A similar comment made earlier by a judge resulted in similar reactions.
Recent incidents in Bengaluru involving policemen, both serving and retired, in criminal activities makes one feel that may be such comments are not entirely unfounded. In the last week alone, Bengaluru police arrested a retired deputy superintendent of police (DySP) and seven serving policemen on charges of robbing businessmen post demonetisation drive.
Few years ago, some police officers in Mysuru allegedly stopped a bus going to Kerala, detained a passenger and knocked off a huge amount of cash he was carrying. On his complaint, an investigation was conducted and some serving police officers were charged for the crime.
Earlier in the past, crimes alleged against police personnel used to centre around their corrupt activities or custodial violence. We had even heard of cases where stolen property recovered from the accused were misappropriated by unscrupulous police officers.
However, policemen themselves planning and plotting robberies and dacoities were rare indeed. The fact that such incidents are now occurring frequently indicates that something is seriously wrong.
There is no easy answer to the question as to why policemen turn criminals. Lure of quick and easy money, constant interaction with criminals and inherent behavioural problems may be cited as some reasons.
But the larger question is how do such people get into the police force in the first place? Is there no system to screen such people from entering the system? Police recruitment does not have a system of identifying potential wrong doers.
Usually physical efficiency test, written test and personal interviews are held for selection. Police departments of five states are now incorporating questions related to assessment of a person’s psychological makeup into the written test.
But potential misfits are not flagged and removed based on their answers. In personal interviews of police sub-inspectors in Karnataka, a psychologist is part of the interview board. But no candidate seems to have been rejected based on the psychologist’s assessment.
Since it is difficult to prevent a person with criminal mind in getting selected into the police wing, it is incumbent upon police top bosses to inculcate values during induction training. While some states have introduced ethics as one of the subjects for police training, many still concentrate on subjects like law and police duties.
It is also a well-known that police training does not get the importance it deserves. Hence even at this stage, undesirable persons do not usually get weeded out.
If a person with a criminal mind manages to get selected and gets confirmed in the police force, the only way to make him pursue a path of law is by constant supervision. It is a pity there are no periodical assessments to gauge the mental makeup of a police constable or a sub-inspector.
The department normally goes by whatever is written by seniors in the Annual Appraisal Reports (ARRs). More often, these reports are written routinely. In the armed forces or in the central police forces, an assessment of a person’s performance and mental makeup is periodically made and black sheep are mercilessly weeded out.
As per the data of the National Crime Research Bureau (NCRB), the total number of criminal cases registered against policemen were 1,989 in 2013; 2,600 in 2014 and 5,526 in 2015. Of these 5,526 cases, Kerala itself accounted for 3,080 cases, whereas Karnataka reported only 84 cases. Considering that people in general do not make complaints against policemen in India, this figure is alarming.
Rare punishments
Out of the 5,526 cases, 4,367 cases were charge sheeted and in 1,512 cases police personnel were arrested. However, the total number of police personnel convicted is only 25. These figures indicate that wrongdoers rarely get punished.
Can such crimes be stopped? The answer is ‘no’. There will be black sheep in the department. However, such crimes can be minimised.
This can be done by screening the applicants for police jobs by using well established psychometric tests, instilling strong sense of values during training and having periodic refresher training courses, taking strict action including dismissing from the service against those with criminal bent of mind and constantly monitoring the activities of at least those police men who come to adverse notice.
Whistle blowers in the department need to be encouraged and protected. Efforts should be made to see that those police men charge sheeted for serious crimes do not escape punishment.
Merely having a Police Complaints Authority in every state does not solve the problem. A system of policing the police needs to be introduced. If police leaders do not sit up and take corrective measures, the situation will go out of hand.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
Ten reasons why criminals in khaki get away
Behind every man like S.P.S. Rathore who abuses his authority stand the generals and footsoldiers who help and support him. We need to take them all down.
S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must never forget that he was able to get away with the sexual molestation of a young child and the illegal harassment of her family for 19 years because he had hundreds of men who supported him in his effort to evade justice.
The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school administrators – were willing to bend the system to accommodate a man accused of molesting a minor speaks volumes for the moral impoverishment of our establishment and country. Decent societies shun those involved in sexual offences against children. Even criminals jailed for ‘ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale. But in India, men like Rathore have their uses for their masters, so the system circles its wagons and protects them.
The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the slapping of abetment to suicide charges, since his young victim killed herself to put an end to the criminal intimidation her family was being subjected to by Rathore and his men. But the systemic rot which the case has exposed will not be remedied unless sustained public pressure is put on Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have it in their power to push for simple remedies in the way the Indian law enforcement and justice delivery system works.
First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and security forces personnel when they are accused of committing crimes. The original intent behind this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of discharging their duties in good faith. Somewhere along the line, this has come to mean protecting our custodians of law and order when they murder innocent civilians (eg. the infamous Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five villagers in 2000 still cannot take place because the Central government will not grant permission), or assault or molest women and children. No civilised, democratic society grants such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how they had wanted Rathore prosecuted but were prevented from doing so because of pressure. Such officials should either be made formally to testify in a criminal case against the politicians who so pressured them or they should themselves be hauled up for perverting the course of justice.
Second, stop talking about how making the police and army answerable to the law will somehow demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or the morale of upright police and army officers, who do not think it is right for their colleagues to be able to get away with criminal acts?
Third, bring an end to the cosy relationship between the police and politicians. Rathore was protected by four chief ministers of Haryana. He served them and they served him by ensuring his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating back to 1861. A number of commissions have made recommendations for reforming the police over the years; but no government or political party wants to give up its ability to use and misuse the police for their own benefit.
Fourth, ensure that police officers who abuse their authority and engage in mala fide prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr. Chidambaram should use the considerable resources at his command to find out who were the policemen involved in filing 11 bogus cases against the teenaged brother of the young girl Rathore molested. He should then make sure criminal proceedings are initiated against all of them. The message must go out to every policeman in the country: If you abuse the law at the behest of a superior, you will suffer legal consequences.
Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a matter of routine so that a powerful defendant is not able to use his position to delay proceedings the way Rathore did for years on end. The destruction or disappearance of material evidence in such cases must be treated as a grave offence with strict criminal liability imposed on the individual responsible for breaking the chain of custody.
Sixth, empower the National Human Rights Commission with teeth so that police departments and state governments cannot brush aside their orders as happened in the Rathore case. This would also require appointing to the NHRC women and men who have a proven record of defending human rights in their professional life, something that is done today only in the breach. The attitude of the Manmohan Singh government to this commission and others like the National Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies are not filled for months on end.
Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual crimes, including sexual crimes against children. Between rape, defined as forced penetrative sex, and the vague, Victorian-era crime of ‘outraging the modesty of a woman’, the Indian Penal Code recognises no other form of sexual violence. As a result, all forms of sexual molestation and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the judge did not even hand down the maximum sentence, citing concerns for the criminal’s age. Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to distinguish between ‘outraging the modesty’ of an adult woman and a young child.
A draft law changing these provisions and bringing India into line with the rest of the modern world has been pending with the NCW and Law Ministry for years. Perhaps the government may now be shamed into pushing it through Parliament at the earliest.
Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate that the family of Rathore’s young victim had to endure is testament to the fact that people who seek justice in India do so at their own peril.
Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used against other alleged criminals, are also employed against police officers accused of crimes.
Tenth, the media and the higher judiciary must also turn the light inward and ask themselves whether they were also derelict in their duty. The Rathore case did not attract the kind of constant media attention it deserved, nor do other cases involving serving police officers accused of crimes against women, workers, peasants and minorities. As for the upper courts, their record is too patchy to inspire confidence. It was, after all, the high court which chose to disregard the CBI’s request for including abetment to suicide charges.
To,
Shri Justice T S Thakur ,
Honourable Chie Justice of India ,
No.5 , Krishna Menon Marg ,
New Delhi – 110011.
Honourable Sir,
Subject : Honourable Chief Justice of India Resign from judicial service
Read the following articles it shows the ugly face , criminal face of Indian Police & Indian Judges. Ofcourse , there are honest few in police service & judiciary , but their numbers are dwindling day by day. Their voices are muted. A crime can happen without the knowledge of police , but a crime cann’t continue for years without the knowledge , connivance of local police.
Inspite of repeated appeals , show cause notices by our publication to you , you have not replied let alone take action. You & your office staff lack decorum , etiquette , duty consciousness of replying to letters. You are making contempt of citizens of india. But remember the basic fact that you are enjoying 5 star pay , perks at the expense of public.
Throughout this petition & in our past appeals , the term “JUDGE” includes all public servants right from revenue inspector , officials performing quasi judicial functions right up to chief justice of india.
In the following articles we have clearly shown how justice is delayed & justice manipulated in india. SCI & CJI is not even bothered about health conditions , life of applicants. I am suffering from health problems caused by my previous occupation at M/s RPG Cables Ltd and am in my final days , authorities , SCI , CJI is not bothered to give justice inspite of my repeated appeals for more than a decade.
Following two examples , actual cases highlighting the judicial delays :
1. In Mysore ideal Jawa Factory , company was locked out. Huge amounts were outstanding to banks , suppliers , employees. The land usage , alienation could have been converted from industrial use to commercial to get higher market price and then auctioned. We appealed for same to authorities including SCI , but they didn’t heed. It was auctioned off for lesser price , proceeds earned was far less to fully pay outstanding amounts to banks , suppliers and employees. They were only paid less amounts , thus public banks , suppliers , employees were cheated of their rightful dues. Afterwards the new buyer got the alienation , converted it from industrial use to commercial usage , demolished factory building built huge residential complex and earned crores of rupees profit.
2. In mysore BEML quarters lake & Hebbal lake are encroached. In the beginning itself , I have appealed to authorities , SCI , CJI to stop the encroachments. District magistrate at that time threatened me. Even some citizens groups led protest marches. Nobody was botherd. Today both lakes are encroached , huge buildings , factories are functioning.
It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
Mr.T.S.Thakur , You personally as CJI is responsible for protection of our whole family & must ensure protection of our whole family. Please don’t send police once again to our home , they lack practical powers , failed previously to enquire high & mighty. They are only interested in taking my statement & closing the case. I have given enough statements to police , IB. Based on those statements , a supreme court monitored CBI enquiry is appropriate, to prosecute corrupt public servants.
1. Why not police are given enough powers to summon , enquire high & mighty VVIPs ? Why my decade old complaint to DGP is not acted upon ?
2. Why the enquiry of higher executive in M/s RBI Curreny Note Press (BRBNMPL) , PES Engineering College , NIE , RPG Cables , Mysore District Court is not done ? These people illegally denied me job opportunities under the behest of criminals , if they are enquired they will point to the criminal behind.
3. Why the enquiry of concerned judges is not made , who are denying information and delaying to act upon our PILs , under whose behest ? If enquired these judges will spill the beans about criminals behind.
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc happens to me or to my dependents or to my family members - In such case Mr.T.S.Thakur , Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional fuctionaries.
You are delaying taking action with respect to PILs , appeals made by us concerning public welfare , national security, loss to public exchequer , etc. Where as courts have enough time to hear trivial cases of cricket boards , etc. When you cann’t work without fear or favour of criminals inside & outside government , you are unfit for the post . Your continuation in office only serves your self interest not the country. Hereby , we request you to RESIGN from the position of chief justice of india and to pave the way for may be to a person who can work , uphold law. But you can still continue in office as a burden on public exchequer , society as some of the previous CJIs did.
We are witnessing unfit people being selected as judges by collegiums , public service commissions. Till rot in judiciary is cleared , judges lack moral , legal right to prosecute , punish others. Only when we have honest persons in judiciary , police service then alone we can clean criminals in judiciary , police service , government. Then alone we will get RAM RAJYA , a just society envisioned by our constitution framers.
Against common people , you judges make harsh comments , strict enforcement of law , police cruelly treat commoners , use 3rd degree torture on commoners. Whereas against rich crooks , mafia you judges & police fail , lack spine to uphold law. You are zeroes before rich crooks , valor of judges , police is only before commoners. Still if you have little sense of duty take action on following PILs , previous appeals for justice by us , reply to our show cause notices , issue writ of mandamus to concerned public servants to give full truthful information to our following & previous RTI applications.
You have failed in your constitutional duties as Chief Justice of India. It will be better if you resign from judicial services immediately, it will be good for the society the nation as a whole. or else you can continue in service as a burden on the public exchequer , the society as some of previous CJIs did.
Still now also you can change your work style and sincerely do your duties upholding rule of law IMPARTIALLY. Please read the details at following web pages :
Justice Thakur RESIGN
https://sites.google.com/site/sosevoiceforjustice/justice-t-s-thakur-resign ,
https://sites.google.com/site/eclarionofdalit/supreme-court-apologise-to-public ,
Rot in judiciary is decades old. Honourable CJI sir , weeping is not right constitution of india has given you the authority , TAKE ACTION DO YOUR DUTY. People , History will remember you forever with respect. Anyway you are getting very good 5 star pay & perks , will also get decent pension after retirement from government. First forget about post retirement postings , discretionary allotment of sites , etc from government then you can work fearlessly. Both central & state governments are biggest litigants in the country , IAS babus make wrong application , interpretation of laws leading to litigations. Start by clearing the rotten eggs within the judiciary. When judiciary & police in a country strictly uphold law , work impartially that country surpasses even heaven.
Do remember on the D Day , in the Court of Almighty everybody CJI , Judges , prime ministers , common man alike has to bow his head. In who’s court there is no match fixing , no technicalities , no vociferous hi fi advocates , no bias based on caste , religion , region , community , etc , only straight simple account of wrongs & rights. Guess his judgement in your case. GOD BLESS US ALL.
Jai Hind. Vande Mataram.
Date : 07.07.2016………………..Your’s sincerely ,
Place : Mysuru………………………..Nagaraja.M.R.
Karnataka DySP hangs self after being suspended for kidnapping, extortion
Kalappa Handibag, deputy superintendent of police (DySP) of Chikkamagaluru Rural in Karnataka, committed suicide on Tuesday by hanging after he was suspended from duty for his alleged connection in the case of abduction and extortion of a financier.
Relatives of his wife, Vidya, claimed that Kallappa committed suicide around 8.30 a.m. when his wife was in the bathroom. He was subsequently rushed to the Muragod Primary Health Centre and then referred to KLE Hospital in Belagavi. However, doctors at the hospital declared him brought dead, as reported by the Hindu.
Handibag's suspension was issued after a departmental inquiry was ordered against him, following a complaint by 37-year-old resident of Kempanahalli, Thejas, who alleged that Kalappa was one of the six men who abducted him and tortured and extorted money from him.
As disclosed by Thejas in the FIR, he was picked up by a gang of six men around 2 a.m. on June 28 when he was parking the car near his house. He was shoved into a Scorpio (KA 20 N 3657) and taken to an old warehouse in Bengaluru, where he was thrashed by the gangsters who also demanded a ransom of Rs. 25 lakh.
The gangsters told Thejas that he was being punished for duping people through his chit fund business and cricket betting. Thejas negotiated the ransom down to Rs. 10 lakh and called his friend identified as Shivu or Pavan to follow the kidnapper's instructions and deliver the money.
Thejas's friend was then given a mobile number (9480805120) and a voice from the other line asked him to deliver the cash to the police quarters behind Mathias Tower on IG Road. Thejas was eventually freed.
DySP Handibag's role came to light after Thejas and his friend used the car's registration number and the mobile number to investigate the kidnapping. Thejas's friend also recorded the mobile conversation with Handibag, according to a report by the Times of India.
Covert op on Dawood compromised by some Mumbai cops: RK Singh
Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.
India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.
RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.
Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. "India must repeat the Myanmar operation in Pakistan," he maintained. He added if one operation fails, the government shouldn't be disheartened but launch another operation right away.
Singh said Modi's advisors are not giving him the right advice on this issue. "Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can't depend on the US to fight India's battles. India has to fight its own enemies," Singh added.
Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. "Pakistan has to calculate the cost of a war. I don't think Pakistan is such a big fool that it would engage in a war with India," he said. "If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality," he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi's visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.
Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. "India must hit back in a way that hurts Pakistan the most," he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. "Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India," Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.
Singh lauded the central government's firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.
Lottery Scam: Retired IPS officer who introduced Alok Kumar to Pari Rajan was major beneficiary
An IPS officer who retired in 2010 is said to be the major beneficiary of the single-digit lottery racket that was unearthed recently. If sources are to be believed then it is this retired officer who had held several positions in the Bengaluru City Police Commissionerate, who introduced the kingpin of the lottery racket, Pari Rajan, to fellow IPS officer Alok Kumar.
The investigation carried out by the CID has indicated that the retired IPS officer was one of the biggest beneficiaries in the scam and his name figured in the list of 12 serving/ retired IPS officers whom the CID intended to summon for interrogation, the sources said.
Alok Kumar, too, is said have disclosed the name of the officer, when he was grilled by the CID on Sunday.
There are also reports that Rajan, a native of KGF was into hawala transactions and this was a major reason why many officers had links with him.
The suspicion is that Rajan used his contacts with the police top brass to ensure a safe hawala transaction. Hawala operators considered Bengaluru as a safe transit point and it had a well-oiled network.
With the CBI probe being ordered, there are possibilities of various aspects relating to lottery scam and hawala business to come out.
The Excise and Lottery Enforcement Cell was set up immediately after the ban on the lottery business in 2007.
For the first two years, the cell had no station or power to arrest. One of the senior officers, who was in the Enforcement Cell between 2007 and 2010, said that until 2011 there wasn’t much illegal lottery business reported from across the State.
“Matka and single-number lottery were very much in existence, but they used to be handled by the respective district police. As far as lottery was concerned, there was no case registered at least till 2009-10,” an official said.
Two More Senior Cops Involved In Racket, Says Kumaraswamy
with Pari Rajan. The police have recently arrested Rajan in connection with the scam. Arun Chakravarthy, who was IGP, Lottery Squad, prior to Agrawal, had also taken bribe, he charged. According to Kumaraswamy, 30 to 40 senior police officers, including many IPS officers, are involved in the scam. Despite a TV channel conducting a sting operation in March this year, the government took no action for two months. During this period, the ruling party MLC took Pari Rajan and Matrin to the son of the influential person to strike a deal. When Martin and Rajan refused to pay Rs 100 crore, the scam gradually came out in the open, he said. Paying hafta The JD(S) leader said suspended police officer Dharanesh (who was then Superintendent of Police, Lottery Squad, southern range) and Pari Rajan had been paying hafta (bribe) to a minister in the Siddaramaiah ministry. Dharanesh was recently suspended in connection with the lottery scam. The officer wanted to continue in the post. The then Superintendent of Police, Lottery Squad, northern range, Chandrakanth was trying to get the post held by Dharanesh, he said. "The chief minister and Home Minister K J George should now disclose the name of the minister who was collecting the hafta. He should tell why Pari Rajan was not arrested all these days." Simmering differences He said the scam emerged due to the simmering differences among the police officers in sharing the bribe money paid by the mafia. Two cases filed initially in KGF in connection with the illegal lottery sale were fake and they were only meant to cover up the scam, he added. Later speaking to the media after the chief minister's decision to refer the scam to the CBI, Kumaraswamy said the government should get ready to face more embarrassment. However, he welcomed the decision to refer the racket to the CBI. Scam chronicle, according to HDK A constable in Kolar, Manjunath, was regularly taking bribe from Pari Rajan during June or July 2014. Rajan stopped giving him money after he developed contacts among higher-ups. Manjunath informs about illegal activities of Rajan to Singh, a head constable with anti-lottery squad. Singh, brings the matter to the notice of Ramappa Guttedar, the inspector of the squad. When questioned, Rajan he offers big money as bribe. Then he takes these policemen to Chennai where they meet one Martin, one of the key operators. Martin gives Rs 40 lakh as bribe and the three policemen sincerely inform about it to lottery squad SP Dharanesh and IGP Arun Chakravarthy. All the policemen share the money: Manjunath and Singh get Rs two lakh each, Ramappa gets Rs five lakh and the rest was shared by Dharanesh and Chakravarthy. Upset with the small share they got, Manjunath and Singh inform about the illegality to northern range SP Chandrakanth. Chandrakanth tries to get the post held by Dharanesh but fails. He then helps a TV news channel to conduct a sting operation. Six cases referred to CBI by Siddaramaiah government Misappropriation of over Rs nine crore by the officials of Ramanagaram-Channapatna Urban Development Authority with the support of bank officials in 2013. Misuse of over Rs five crore by the officials of Mandya Urban Development n Authority with the help of banks in 2013. Officers of many nationalised banks were said to be involved in the irregularity. Rape and murder of Sowjanya, a 17-year-old pre-university course student of SDM College, Ujire in Dakshina Kannada, on October 9, 2012. The theft of 12 historic idols from Siddhanta Darshan Block of a Jain Basadi at Moodbidri in September 2013. Death of IAS officer D K Ravi in April, 2015. Single-digit lottery scam. H D Kumaraswamy, JD(S) leader: The chief minister and Home Minister K J George should now disclose the name of the minister who was collecting the hafta. He should tell why Pari Rajan was not arrested all these days.
DGP son has links with Lokayukta scam accused kin
State police chief Omprakash’s son, Karthikesh Omprakash, has business relations with the kin of N Narasimha Murthy, a clerk at the State police headquarters, who has been arrested by the SIT probing the Lokayukta corruption scam.
Documents available with the Deccan Herald show that Murthy's brother-in-law Ashwath and Karthikesh are partners in a quarrying and crusher unit in Ramanagara. Incidentally, a complaint by the villagers of Hanchikuppe in Ramanagara district against this quarrying firm for violation of rules is still pending before the Upalokayukta.
The application for quarrying and stone crushing unit was filed in the name of Karthikesh in 2009. The Mining Licence (Number 1354 and 1353) was issued in favour of the firm Magadi Quarry and Crusher, owned by Karthikesh and Ashwath. Around five acres of gomala land at Hanchikuppe was allotted to the firm.
When villagers objected to the quarrying unit within the prescribed safe zone, a proceeding by the Ramanagara Deputy Commissioner held on March 1, 2013 relaxed certain conditions. The area was declared as safe zone. The same day, based on the recommendation of the DC, Karnataka State Pollution Control Board accorded certification for the safe zone. The decision was so fast that both the offices passed orders in favour of a quarry owner in just one day, the documents reveal. Despite this, the Tahshildar had submitted a report that the unit fell within 500 metres of residential area, which is not permissable under Karnataka Regulation of Stone Crushers Act, 2011.
The Hanchikuppe villagers had also filed a PIL in the High Court. The court dismissed the petition on the grounds that since the villagers are the concerned parties a PIL cannot be entertained. The villagers also filed a complaint before the Upalokayukta (Compt/Uplok/BD/459/2011) and the next date of hearing is September 23, 2015.
On the day Omprakash took charge as DG&IGP, Loksatta Party had complained to Chief Minister Siddaramaiah that he had prima facie misused his position to get clearances for the unit owned by his son.
When contacted, Omprakash said that it was a personal business issue of his son. Asked if he is aware of his son's business partnership with the brother-in-law of a clerk in his office, the DG&IGP answered in the negative.
“You have to ask this question to my son. He may have a business relationship with a private person. Moreover, if it is illegal, let the law take its own course,'' he said.
Karnataka Lokayukta Bhaskar Rao’s son held in ‘extortion’ racket
The arrest of Ashwin Rao was made in Hyderabad, as the SIT, formed to probe the alleged racket that has also led to clamour for the resignation of Bhaskar Rao, intensified the investigation
A special investigation team (SIT) of Karnataka police, which is probing an extortion racket in the state Lokayukta, Monday arrested Ashwin Rao, son of Lokayukta Justice Y Bhaskar Rao and the prime accused in the case.
Ashwin was arrested from Kukatpally near Hyderabad.
“On Monday morning, we picked up Ashwin from his residence,”a senior SIT official said. An advocate for Ashwin, who moved an anticipatory bail plea in a special Lokayukta court after his client was detained, was informed in court by the SIT investigating officer Labhu Ram about the arrest.
Ashwin is prime accused in an extortion case filed by a government executive engineer, M N Krishnamurthy, who has alleged that Ashwin demanded a Rs 1 crore bribe from him to prevent initiation of corruption proceedings against him.
The SIT, however, informed the special court Monday that Ashwin had not been arrested in connection with Krishnamurthy’s complaint, but in a fresh extortion complaint against him by P B Channabasappa, a government executive engineer involved with the Upper Tunga irrigation project in Haveri district.
“It is not clear how the arrest could have happened in the second FIR because the SIT was in Hyderabad early on Monday and the second FIR was filed around 10.30 am. The anticipatory bail plea in the Krishnamurthy case is still valid if the arrest is in the second case. The SIT has been asked to file objections to the anticipatory bail plea,” Ashwin’s advocate Sandeep Patil said.
SIT sources indicated that Ashwin would be placed under arrest in the Krishnamurthy case as well after he is brought to Bengaluru Tuesday.
The SIT has so far arrested five people in connection with the case.
The alleged racket had multiple layers, with one group filing RTIs to identify allegedly corrupt persons as targets, a second group calling up officials and summoning them to the Lokayukta offices, and a third group allegedly demanding money to prevent initiation of cases against them.
On Sunday, the SIT had arrested the public relations officer in the Lokayukta, Syed Riyazatullah, a police officer of the rank of joint commissioner, on charges of extortion and cheating.
Riyazatullah was produced in court Monday and remanded in SIT custody till August 5. The court overruled his bail plea, saying there was need for effective investigation in the case.
Karnataka extortion case: Lokayukta’s son part of larger conspiracy, says SIT
Ashwin Rao alias Yerabati Ashwin has been arrested by a SIT in connection with an attempt to extort money from a government official in the Lokayukta.
The SIT in its objections has stated that Ashwin Rao “misused the premises and office of the Lokayukta and meeting hall adjacent to the chambers of PRO of Lokayukta” as part of the alleged extortion conspiracy.
The Special Investigation Team (SIT) which arrested Karnataka Lokayukta Justice Y Bhaskar Rao’s son Ashwin Rao in an extortion case stated on Monday that he is a prominent member of a larger conspiracy.
Ashwin Rao alias Yerabati Ashwin has been arrested by a SIT in connection with an attempt to extort money from a government official in the Lokayukta. The SIT objected to an anticipatory bail plea filed by Ashwin Rao to pre-empt his arrest in a second extortion case.
The SIT in its objections has stated that Ashwin Rao “misused the premises and office of the Lokayukta and meeting hall adjacent to the chambers of PRO of Lokayukta” as part of the alleged extortion conspiracy. The call detail records obtained during investigations “clearly establishes” that Rao was in constant touch with three other key accused in the extortion racket – middlemen V Bhaskar and Ashok Kumar and Lokayukta PRO Syed Riyazathullah, the SIT has stated.
According to the SIT, though Ashwin Rao has been arrested only in connection with an extortion attempt on one government official, his arrest in a second case is likely at any time. “Considering the fact that petitioner is the son of the Hon’ble Lokayukta and he is in a position to wield influence on the prosecution witnesses he in not entitled to anticipatory bail,” the SIT has argued. The SIT has also claimed to have unearthed incriminating material against Ashwin Rao in the course of a search of his house in Hyderabad.
While a case was initially registered against Ashwin Rao and others for summoning Bengaluru Urban district executive engineer M N Krishnamurthy to the Lokayukta office on May 4, 2015 to place a demand for a bribe of Rs one crore to prevent initiation of Lokayukta corruption proceedings the son of the Lokayukta was eventually arrested by the SIT in connection with another case registered on the basis of a complaint by an irrigation department engineer PB Channabasappa who alleged that Ashwin Rao and others demanded Rs 20 lakh to make a Lokayukta corruption case go away.
The SIT has in other statements of objection to bail applications said that cell tower analysis had revealed that three of the middlemen, including realtor Ashok Kumar who allegedly made the telephone call summoning executive engineer Krishnamurthy to the Lokayukta office were together on May 4 when the government official was called to the Lokayukta’s office. The trio of middlemen were also frequently in touch with the Lokayukta PRO and Justice Bhaskar Rao’s son Ashwin Rao, the SIT has stated.
The SIT also informed the special Lokayukta court that middlemen Ashok Kumar and Shankare Gowda, and Lokakyukta PRO Riyazathullah had destroyed crucial evidence including some SIM cards and mobile handsets used in the conspiracy.
Gali Reddy cash-for-bail scam nets two more Andhra judges
More skeletons are tumbling out of the closet in the cash-forbail scam involving former Karnataka minister Gali Janardhan Reddy.
On Thursday, the anti-corruption bureau (ACB) arrested two more judges who allegedly made parallel attempts to secure bail for the mining baron in the Obulapuram Mining Company's illegal mining case.
The two judges - D. Prabhakar Rao, a family court judge in Srikakulam and K. Lakshminarasimha Rao, the chief judge of the city small causes court, were taken into custody by the agency from their respective residences in Hyderabad.
While Prabhakar Rao was suspended by the Andhra Pradesh High Court on July 6, Lakshminarasimha Rao was suspended late on Wednesday, after the ACB probe unearthed his role in the scam.
The ACB authorities are questioning him. The ACB had already arrested suspended CBI special court judge Talluri Pattabhirama Rao, who had allegedly received a bribe for granting bail to the former Karnataka minister on May 11.
Retired judge T.V. Chalapathi Rao, who mediated in the cash-for-bail deal, has also been arrested. Pattabhi's son Ravichandra, rowdy sheeter-turned-realtor P. Yadagiri Rao and realtor Ravi Suryaprakash Babu were arrested and remanded in judicial custody.
According to the ACB sources, the former Karnataka minister and mining baron had approached Pattabhi through two different routes: one involving Chalapathi Rao and Yadagiri; and the other through Lakshminarasimha Rao and Prabhakar Rao.
While Yadagiri offered Rs5 crore to Pattabhi, Prabhakar offered to strike the deal for Rs10 crore. However, Pattabhi preferred Yadagiri's offer because it was a safer deal as Chalapathi happened to be his friend.
Janardhan Reddy was arrested on September 5, 2011, by the CBI. He is accused of being involved in the illegal mining and export of iron ore in Bellary and Anantapur.
Rs 100cr offered for Gali Janardhan Reddy’s bail: Arrested judge
More skeletons are tumbling out in the murky cash-for-bail scam involving mining baron and former Karnataka minister Gali Janardhan Reddy as a lower court judge, arrested in the case, disclosed to the ACB that Gali's men were ready to offer as much as a staggering Rs 100 crore to secure bail for him. Earlier, the deal amount was put at Rs 15 crore.
T Lakshminarasimha Rao, the arrested judge, disclosed that Dasaradharami Reddy, a relative of Gali, had made the Rs 100 crore offer, according to the confession statement recorded by the ACB. Krishna Prasad, an auditor, who is known to him and another relative M Venkateswara Rao approached Lakshminarasimha Rao in the second week of April with a request to look for a `channel' to influence the CBI judge for Gali's release on bail. "They were in touch with Dasaradharami Reddy who was willing to pay even Rs 100 crore for securing the bail," the confession statement of Rao said. Though the deal initially came as a shock to the arrested judge, who at the time was registrar (enquiries), high court, he was later attracted towards the deal, it said.
Lakshminarasimha Rao called the CBI court judge B Nagamaruti Sarma to his residence on April 18 and tried to convince him on granting of bail to Gali. Sarma did not agree for the deal and went away rejecting the offer. He had, in fact, dismissed the bail plea. Then another person Raavi Surya Prakash Babu, a real estate dealer, who was taken to Bellary MLA Sriramulu by his associate Kolli Lakshmaiah Chowdary for striking the deal, approached Rao again. Surya Prakash had already met Sriramulu's nephew and Kampli MLA T H Suresh Babu who, too, was trying to secure bail for Gali and advised him to wait as Nagamaruti Sarma was not of 'their type'. But he requested Lakshminarasimha Rao to keep the `channel' open as the deal was "too lucrative to be ignored".
Later, in a strange sequence of events, Nagamaruti Sarma was shifted out of CBI court and a fresh bail plea was filed which came before another special judge T Pattabhirama Rao. Lakshminarasimha Rao roped in Pattabhi's batchmate D Prabhakar Rao, another district judge, who was with the state election commission as its secretary (legal). He also tried to push the deal but failed as Pattabhi told him that he would decide the matter on only `merit'. It turned out later that Pattabhi chose a 'route' planned by his friend Chalapati though the deal was only for Rs 5 crore. This was mainly because his friend did not put any precondition that he should meet Gali Somasekhara Reddy, brother of Gali Janardhana Reddy, before giving bail as was done by Prabhakar Rao, who was also arrested in the case. Prabhakar in his confession spoke of only Rs 15 core implying that he too was unaware of the whopping Rs 100-crore deal. While the ACB arrested Lakshminarasimha Rao on July 12, Pattabhi was arrested last month.
Interestingly, the ACB sleuths seized some cheques bearing the names of Lakshminarasimha Rao's family members with some complaint letters written by advocates against some AP high court judges. The letters were addressed to the President of India.
Cash-for-bail scam: CBI Judge Pattabhi Rama Rao arrested
In a case of corruption seeping into the lawmakers psyche, the Andhra Pradesh anti-Corruption bureau arrested Central Bureau of Investigation (CBI) judge Justice Pattabhi Rama Rao in the cash-for-bail scam. He was suspended after the allegations surfaced that he accepted a bribe of Rs 6 crore to grant bail to mining baron Janardhana Reddy in the illegal mining case. Raids were earlier carried out in Rao's residence and the arrest is the third in the case. Rao was hearing the case related to the Obulapuram Mining Company (OMC) scam. Retired district judge T V Chalapathi Rao and Pattabhirama Rao's son Ravichandra was also questioned by ACB sleuths. Pattabhirama and Chalapathi were classmates at A C College of Law in Guntur and the latter allegedly brokered the multi-crore bribe. On a tip off that a deal has been struck between Reddy and the judge, the CBI had earlier recovered a cash of nearly Rs 1.80 crore from a bank locker here, the keys of which were allegedly in Ravichandra's possession.
300 Delhi lower-court judges under probe in laptop scam
Nearly 300 Delhi lower-court judges are under the scanner of the high court for alleged financial irregularities in purchase of computers and laptops from funds provided by the Delhi government and Delhi high court in 2013.
A high-level panel comprising three HC judges has been set up by chief justice of Delhi high court Justice G Rohini to look into how the money was spent by each of these judges. The panel will scrutinize documents submitted by the judges on purchase of these items.
Under the scheme, each judge was sanctioned Rs 1.1 lakh for upgrading their computer infrastructure. The idea was to give the judges the freedom to opt for computers, laptops or iPads so that their efficiency in disposal of cases improves.
Sources told TOI that the probe panel has issued memos to judicial officers under the scanner, asking for detailed explanation on the manner in which they spent the money.
"All judges were initially under probe but the panel has now zeroed in on roughly 300 officers against whom preliminary discrepancies have been found. The focus is on correctness of the utilization certificate given by them to HC relating to the purchases," said an authoritative source.
"It has emerged some may have bought TVs or home theatre systems out of the sanctioned sum instead of computers," the source added.
The irregularities came to light during a routine vigilance inquiry conducted by court officials. When the evidence was shown to the chief justice and other senior judges including the computer committee, it set alarm bells ringing.
Taking a serious view of alleged financial misdemeanours by city court judges, Justice G Rohini set up a panel comprising justices Vipin Sanghi, Rajiv Shakdher and VK Rao to conduct a swift but wide ranging inquiry.
In response to the memos issued by the panel, sources said, many judges have sent detailed replies with annexures explaining what was purchased and even showing debit/credit details from their official bank accounts that tally with the date of purchase. Details of vendors have also been provided which is being checked individually.
"Since there was no specification of how much money is to be used for maintenance of the new equipment, the panel is likely to give a leeway of Rs 10,000-15,000 that may have been kept reserved for annual maintenance charges by a judge. But beyond that, the charges if proved, may lead to the guilty judge's dismissal from service because financial fraud or providing forged certificates is a very serious crime," the source pointed out.
The Delhi government had extended a similar scheme for its bureaucracy. City bureaucrats were empowered to buy computers and related equipment out of the sum allocated.
`Copy cat' judges suspended by HC
Five judges belonging to the state's subordinate judiciary were suspended by the AP High Court on Wednesday for allegedly copying while writing their LLM examinations at the Arts College of Kakatiya University in Warangal on Tuesday.
The judges were doing this course under distance mode from Kakatiya University as the degree would help them gain some increments in their careers.
Those placed under suspension include K Ajitsimha Rao, senior civil judge, Ranga Reddy district, M Kistappa, principal senior civil judge, Anantapur, P Vijayendar Reddy, second additional district judge, Ranga Reddy district, M Srinivasachary, senior civil judge in Bapatla of Guntur district and Hanumantha Rao, the additional junior civil judge in Warangal.
They were allegedly caught red-handed in the act of copying on Tuesday by the authorities and upon receipt of this information, the HC suspended them from service pending an inquiry. The HC would soon launch disciplinary proceedings against all these judicial officers, sources said.
DSP among six held on charge of hunting deer
Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve (BTR).
The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.
They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.
“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.
The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.
“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. Repeated attempts to contact the Forest officers investigating the case went in a vain.
When contacted, D. Rajkumar, Honorary Wildlife Warden, Mysore district confirmed that six persons, including Mr. Dharmesh, were arrested on charges of alleged killing of deer. “The deer was found hunted with a service rifle,” he said.
Raid on bus: Six police officers charged with dacoity
The Criminal Investigation Department (CID) has chargesheeted six police officials and some other private persons in the infamous inter-State dacoity case of Rs 2.27 crore from a Kerala-bound bus in Yelwala police station limits in Mysore in January this year. The chargesheet was submitted in the jurisdictional court in Mysore after the Department obtained government permission to prosecute the accused police officials – the then sub inspector C.D. Jagadish, four constables – Satish, Manohar, Ravi and Latif of Mysore South police station and Prakash and the gunman of the then Southern range Inspector General of Police Ramchandra Rao under Sections 395 (dacoity) and 120A (criminal conspiracy) of the Indian Penal Code.
Rao, who was transferred after he came under scanner for his alleged involvement in the crime, does not figure in the chargesheet. “There is no legal admissible evidence against the then IGP or the then deputy superintendent of Police (Mysore rural) Srihari Baragur. The investigation is however on and it will be early to come to any conclusion,” said an official source. He added that it is a complex case because there are no independent witnesses.
A Kerala-bound bus carrying about Rs 2.27 crore of four jewelers was ‘raided’ by the police in Yelawala police station limits in Mysore on January 4, who seized six bags of cash from inside the bus and arrested the driver and the cleaner of the bus for “illegal” transportation of cash.
The police showed a recovery of Rs. 20 lakh, but the Kerala jewelers told their Home Minister that the amount was around Rs. 2.27 crore. “There is no clinching evidence on the exact amount, which was reportedly being transported in the bus. We can only surmise from the statements of the victims and the accused,” added the officer.
Rs 2.26-crore theft by cop: IGP, DySP under scanner
CID focuses on duo after gunman, informant confesses
The Criminal Investigation Department (CID) of Karnataka Police is thoroughly probing the alleged roles of K Ramachandra Rao, Inspector General of Police (southern range) and Srihari Baragur, Deputy Superintendent of Police (Mysore rural), in the sensational Rs 2.26-crore robbery that took place on a Kerala-bound bus at Yelawala, Mysore, on January 4 this year. The needle of suspicion pointed strongly towards the duo following a confession by Rao's gunman, Prakash, who was arrested by the CID on Tuesday along with three informants.
Statements made by the arrested gunman and the informants in their confessions indicate that the plundered loot was shared between the IGP and DySP. According to highly placed sources, Prakash and one of the three informants, gave minute-by-minute accounts to the CID sleuths about the robbery that occurred two months ago.
"We have recorded their confession statements. Before laying our hands on the IGP and DySP, we need to collect further corroborative evidence. At this juncture, we can neither rule out their involvement nor give them a clean chit," a top-ranking CID official, who is part of the investigating team, told Bangalore Mirror.
However, when BM spoke to IGP K Ramachandra Rao, he denied all the allegations. "I am not aware of what Prakash has said in his statements to the police. He is in the CID's custody, and they are conducting a detailed probe. Let them come out with the truth," he said.
METICULOUSLY EXECUTED
The meticulously executed robbery unfolded on the night of January 4, as a group of policemen led by Mysore South SI, C D Jagadish, stopped a bus that was en route to Kerala from Bangalore, near Yelawala on the Mysore-Hunsur state highway. They later diverted the bus to a road near Yelawala police station and took out six bags containing hard cash from its luggage compartment. The driver and cleaners of the bus were taken into custody and a case slapped against them for ferrying large amounts of cash illegally. But the cops showed a recovery amount of a mere Rs 20 lakh, whereas the actual amount was Rs 2.26 crore.
The cash belonged to four Kerala-based jewellers who had reportedly selected the bus to transport it from Bangalore to Kerala. It is alleged that they had taken the owner and the driver of the bus into confidence in order to ferry the cash.
The jewellers, to whom the cash belonged, got the shock of their lives when they found out that the Yelawala police had stopped the bus and booked a case against the driver and cleaners, showing a paltry sum of Rs 20 lakh as recovery.
Upon making enquiries, they learnt that the remaining Rs 2.06 crore had been pocketed by the policemen themselves. The agitated jewellers proceeded to get in touch with Kerala Home Minister Ramesh Chennithala, who personally knows Karnataka Home Minister K J George. Chennithala brought the matter to the notice of George, who was reportedly infuriated with what had happened. He immediately informed Chief Minister Siddaramaiah — who hails from Mysore — of the incident.
ENRAGED CM SUMMONS DGP
An enraged Siddaramaiah and George are then said to have summoned State Police Chief Lalrokhuma Pachau and asked him to get the matter examined. Pachau got in touch with IGP Rao, and subsequently, a case was taken up. But the top brass smelled a rat during the investigation, and a CID investigation was ordered.
The CID sleuths conducted a methodical investigation for a month before laying their hands on the IGP's gunman, Prakash, and his gang of informants. Investigation by the CID also revealed that Prakash resorted to these kinds of crimes involving Kerala jewellers regularly over the past two years. He had allegedly taken the help of DySP Srihari Baragur, and other policemen, to conduct false raids and clean out cash. In the past, the gang had looted small amounts running into a few lakh. But since the amount involved now was a staggering Rs 2.26 crore, the jewellers mustered the courage to lodge a complaint.
"The crime does not stop with the gunman. It appears that they got support from higher-ups. It is here we are examining the involvement (if any) of Prakash's boss Rao, DySP Baragur, and other seniors," the officer added. After the matter reached the CM's table, the culprits tried to reach a compromise with the jewellers by offering to return the money. This, however, failed to go through because some of the policemen had taken large amounts of cash with them, and had subsequently gone absconding, said the CID police. The absconding policemen, four in number, are not be confused with the three informants.
Additional Director General of Police (CID) P K Garg said, "The IGP's gunman, Prakash, was arrested two days ago. So far, we have arrested four persons whom we are questioning and whose statements we are recording. The money is yet to be recovered. We believe that the cash is with the absconding policemen, and we have laid a manhunt for the four policemen, whose names and ranks I cannot reveal."
According to sources, Prakash and his gang shared the booty among themselves, the informants, and senior police officers. The informants said they got around Rs 20 lakh as their cut, but claimed the rest is with policemen of different ranks.
ROGUE COPS DON’T GIVE A BUCK
Old habits die hard: Even as the average Bengalurean stands in long queues to withdraw his hard-earned money, corrupt policemen and babus are busy converting or hiding their black money
Cop, 2 KRV men held for black ops; may have converted up to Rs 2 crore
It’s a classic case of the fence eating the crop: a policeman, instead of being on the vigil himself, was arrested for working in cohorts with a group that helps those with black money exchange it for new notes.
The 43-year-old police constable, B Shesha, attached with the Central Crime Branch (CCB), was arrested for facilitating illegal cash conversion, along with four accomplices, two of whom were members of the Karnataka Rakshana Vedhike (KRV), Shivarame Gowda faction.
All of them were booked for assaulting and robbing a businessman after promising to help him exchange in old currencies with the new.
Shesha was suspected to be a major operative in the illegal cash conversion racket, mainly targeting businessmen and trader community in the city. It is believed that he had had helped exchange currency worth at least Rs 2 crore for a fixed commission, since November 8 when old notes of 500 and 1,000 denominations were rendered obsolete. At least four more suspects are yet to be arrested.
The Magadi Road police, who arrested the constable, said he was attached to the Organised Crime Wing (OCW) of the CCB. Also arrested were G Byresha, 37, of KP Agrahara, P Vijay, 27, of Gopalapura, K Mannivannan, 36, of Bhuvaneshwari Nagar and Pavan. Byresha and Vijay are the KRV activists.
The police are yet to arrest four other accused. The issue was reported after a fall out between the racketeers and their clients over commission, leading to the abduction and assault of Jaishankar (42), a resident of KG Nagar, who owns Shreyas Electrical shop in Vijayanagar.
He was in contact with the accused and was assured that he would be given Rs25 lakh in new notes in exchange of Rs30 lakh of demonetised tenders. They offered him Rs5 lakh as commission for the deal. Jaishankar pooled in much as Rs25.2 lakh from his trader friends in the locality, but decided to take his cut of Rs5 lakh and told the accused that he will handover only Rs21.5 lakh. This led to an argument when Jaishanker along with his friend, Girish, came near Star Bazaar in Magadi Police station limits to hand over the collected amount on Saturday.
“There was some misunderstanding between both parties over the missing Rs5 lakh and the gang forcibly took Jaishankar and his friend near Madanayakanahalli and robbed them of the cash and were released with life threat. The businessman had filed a complaint with the Magadai Road police on Tuesday and identified the accused as they were known to them,” said an officer who was a part of the investigations.
The police managed to arrest the four accused, including KRV members Mannivannan and Pavan immediately. They revealed Shesha’s name during interrogation. They also claimed that they thought Jaishankar will not dare to lodge a complaint since the amount collected was unaccounted for. Later, Shesha was picked up and his mobile phone was seized.
“Shesha is a 1996 batch police constable and has served at Chitradurga, Chickpet and Kengeri police stations before coming to CCB. He has been taken into police custody and we are trying to ascertain if he was involved in similar incidents,” deputy commissioner of police (West) MN Anucheth told BM.
Retired DySP raids Businessmen
The city police have detained a retired deputy superintendent of police (DySP) for allegedly posing as a fake Central Crime Branch (CCB) official and forcefully decamping with Rs83 lakh of unaccounted cash collected from 20 individuals, including realtors and businessmen, to be exchanged into legal tender at a residence in JP Nagar last Thursday.
The former police officer’s involvement with the currency exchange gang is also being probed and he is expected to be formally placed under arrest late on Wednesday night.
The former officer, identified as Babu Noronha, retired from police service as DySP CID early this year. He was also one of the main accused in a fake encounter of interstate gangster Sagayam near Ramamurthy Nagar in 2003. He was posted as inspector at Commercial Street Police Station at that time and was also the recipient of the President’s Police Gallantry Award in 2004. However, doubts were raised over the encounter and CBI registered a case against him in which he was acquitted last year, after a prolonged trial.
More arrests are likely to be made in connection with the case in the coming days, claimed investigating officers.
The accused was picked up on the basis of the complaint filed by Shivaraj, a realtor who was one of the 20 people who had pooled in as much as Rs83 lakh in demonetised currency to be exchanged at 25 per cent commission. The deal was finalised through Karthik, who had contacted them claiming to be a facilitator for illegal cash exchange, for a fixed commission. The cash was to be exchanged at the residence of Satish on Thursday night and was to be handed over to Lohith, one of the main accused in the case.
However, after Shivaraj showed the cash bundle to Lohith, a group of men entered and claimed that they were from the Central Crime Branch (CCB) and staged a fake arrest, asking Shivaraj to accompany them in their vehicle. They drove around for a while and pushed Shivaraj out of the vehicle at a deserted spot near JP Nagar and sped away with the cash. An official complaint was filed with JP Nagar police station.
“There were six people involved in the scam and one of the main accused, Lohit, is closely associated with Babu Noronha. We have detained him in connection with the case,” said SD Sharanappa, Deputy Commissioner, Bengaluru City (South).
Sources added that Babu Noronha was waiting inside a car outside and handed his old police identity card to Lohith when he went inside and announced to the victims that they were from the police department. Investigating officials are also probing if any other serving or former police official was involved in the crime.
Editorial : Hang Corrupt Police & Corrupt Judges
- An Appeal to Honourable Supreme Court of India & Honourable National Human Rights Commisssion
At the outset , our salutes to honest few left in police & judiciary. It is an appeal to them to catch & legally prosecute their corrupt, cruel , inhuman colleagues.
Many times police summon ordinary public to police stations without any official written summons , will be illegally detained orelse they are shifted to other inaccessible locations for interrogations. In few cases when the detainee dies due to 3rd degree torture , body is thrown out. Nobody can pin police for such crimes , it will be booked as a murder by unknown persons.
In lock up death cases the whole police force , government officials including doctors work like a mafia in destroying evidences , threatening witnesses all to cover up crimes of police. example below mentioned Uday Kumar Lock up death in Kerala.
Hereby we request Honourable SCI & NHRC to constitute enquiry committee consisting members of NGOs , local public to probe lock up death cases and to award capital punishment to such police officials. Also , properties of such police officials must be attached and compensation paid to victim’s family. The guilty police official’s family members must not enjoy luxurious lifestyle out of ill gotten money of police.
2 police officers get death for Udayakumar’s murder
https://timesofindia.indiatimes.com/city/thiruvananthapuram/2-police-officers-get-death-for-udayakumars-murder/articleshow/65140167.cms
Two Kerala policemen get death for custodial death, three get rigorous imprisonment
The court had convicted these five for the custodial death of a 26-year-old man at the police station in September 2005
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Thiruvananthapuram: A CBI Special Court here on Wednesday sentenced to death two policemen and three others to rigorous imprisonment for three years in a case of custodial torture and death 13 years ago.
Those handed out capital punishment include Constables K. Jithukumar and S.V. Sreekumar, who had detained Udayakumar who later died in custody.
Those found guilty of conspiracy and destroying evidence are then Sub-Inspector Ajith Kumar, Circle Inspector E.K. Sabu and then Assistant Commissioner of Police K. Haridas.
The court on Tuesday had convicted these five for the custodial death of the 26-year-old man at the Fort police station in September 2005.
Police had detained two friends, Udayakumar and Suresh Kumar, on the charge of theft. When Udayakumar was let off later, policemen were irked when he asked for Rs 4,000 taken from his pocket by the police while he was in custody. He was brutally tortured with an iron rod, following which he died.
Udayakumar's mother Prabhavathi Amma had approached the Kerala High Court for a probe by the Central Bureau of Investigation.
"This is the best news I am hearing," she told the media as she broke down.
"Justice has been finally delivered to my son and me. It should serve as a lesson to all policemen never to use force against people. Such fate (her son's) should never befall anyone again," she added.
“It was just before the Onam festival that my son was brutally killed by these policemen. And see, Onam is now round the corner... just as my son could not eat his Onam meal then, these policemen will not be able to eat theirs this time," the aged woman said
Even as Udayakumar killers get death, Sreejith still fights outside Kerala Secretariat
News media as well as social media called it justice for Udayakumar’s mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees..
People in Kerala woke up on Thursday morning to pictures of Prabhavathi Amma in the front pages of all major newspapers. The 67-year-old was in tears after a CBI special court sentenced two policemen to death, for the custodial murder of her son in 2005.
News media as well as social media called it justice for the mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees.
Sreejith, who has been sitting in protest for 957 days now, asks, “How can you call it justice when it took 13 years to come out with a verdict?”
Sreejith's brother Sreejeev, too, was a victim of custodial violence – in 2014. “For a mother, the loss of her son cannot be replaced by anything. I don’t think she will feel any happiness even if the guilty are punished," says Sreejith.
In January this year, following a social media storm, Sreejith was able to gain massive support from different corners of the state. While common people marched for him on the streets of Kerala, actors like Nivin Pauly, Parvathy and Tovino Thomas also spoke up for him.
Speaking about all the support that seems to have died down now, Sreejith says, “It was something I didn’t call for. It picked up by itself.”
“Even as thousands gathered to support me, there were certain groups of people who were trying to hijack the cause and to take it away from me,” he adds.
Sreejith fears that these were people who were closely associated with the police and the people in power.
“Just last month, I had filed a complaint with the CM of Kerala saying that if people who are responsible for the murder of my brother are not brought under the law before my protest reaches 1000 days, then I will stage a fast unto death,” says Sreejith.
Sreejith also says that for the first time since he had started protesting, he would like the people of the state to stand by him.
“Earlier this year, people of the state came together for me without me requesting them to do so. But right now, I desperately need the support of the people,” he says.
Though the CBI started investigating the case this year after tremendous public pressure forced the Kerala government to approach the agency, Sreejith resumed his strike after his statement was recorded by CBI.
In his 957 days of protest, Sreejith has gone on a hunger strike many times and he tells TNM that he’s been on a hunger strike for the past 4 days.
Sreejeev's death
Sreejith’s brother Sreejeev was taken into custody by the Parassala police on allegations of theft in May 2014. Days after this, Sreejeev died in a hospital. While police officials maintain that Sreejeev consumed poison, his family accused the officers of murder.
In 2016, the Police Complaint Authority investigation found that his death was indeed caused by custodial torture and that the police version of the event was false.
Lock-up death: Nine policemen booked for murder
https://timesofindia.indiatimes.com/city/bareilly/Lock-up-death-Nine-policemen-booked-for-murder/articleshow/54487703.cms
Lock up Death in Mandya
https://m.dailyhunt.in/news/india/english/star+of+mysore-epaper-smysore/lock+up+death+in+mandya-newsid-92246185
Q&A – Honourable Chief Justice of India
https://sites.google.com/site/dalitoonline/q-a---honourable-cji
Almost 900 judicial custody deaths recorded in 2017, reveals RTI: Maharashtra tops chart of deaths in police lock-ups
A total of 894 deaths in judicial custody — and 74 deaths in police custody — have been recorded in India in 2017, an RTI response to Firstpost revealed.
The letter, signed by the joint registrar (Law) of the National Human Rights Commission, stated that Uttar Pradesh leads the chart of deaths in judicial custody by a significant margin, with 204 deaths recorded in the period between 1 January, 2017 and 2 August, 2017. The state was followed by Punjab with 76 deaths and Bihar with 64 deaths.
Uttar Pradesh, however, has a history of consistently topping the charts of judicial custody deaths in the country.
Uttar Pradesh Inspector General of Police (Prisons) Pramod Kumar Mishra blamed the statistics on the high number of prisoners registered in the state's prisons. "We have over 95,000 inmates in our jails, which is way more than the number in any other state. When you count the deaths per ten thousand prisoners, I don't think we will stand out as much," he said.
"One cannot see the numbers in isolation; you have to put it in perspective. We have 22 crore people in Uttar Pradesh — you cannot compare us with Kerala which has 3.5 crore people," Additional Director General (ADG) of Uttar Pradesh Police Anand Kumar said, adding that the subject does not come directly under his jurisdiction. "I am not contesting the numbers given by NHRC, but in a populous state like Uttar Pradesh, a lot of these deaths might have also happened due to natural causes," he said.
ADG Bhushan Kumar Upadhyay of Maharashtra Police says that the numbers were worse before. "With better medical facilities, counselling sessions, and marking prisoners with suicidal tendencies, we are trying to bring the number of deaths in prisons down to a minimum," he said.
Of the 74 deaths in police custody in 2017, Maharashtra leads the tables with 16 deaths recorded until 2 August, 2017. Telangana comes a distant second with 7 deaths, while Karnataka recorded a third-highest 5 deaths in police custody this year.
A senior police official with the Maharashtra Police who wished to remain anonymous suggested that the numbers are not a cause of worry. "I don’t think the situation is particularly bad here. It can also be because of the sincerity of a police force in keeping records— we are sometimes too efficient in putting everything on paper," he said.
"Often, the numbers are misleading. Recently, our men helped a dying beggar on the streets and moved her to a hospital, but the doctor declared her dead on arrival. Now this gets recorded in the list of police custody deaths in Mumbai," he added, "Another incident involved a very sick prisoner. Since the jail was under-staffed, they [the prisons department] requested us to send a man to guard the prisoner in the hospital. When the prisoner died in the hospital due to his sickness, the death got recorded as a police custody death."
Of the 16 deaths in Maharashtra, two have been recorded in Mumbai, according to the RTI.
In July, a Dalit boy, Vinayakan, committed suicide in Kerala, allegedly after he suffered physical and mental torture in police custody— an allegation that was later confirmed in the post-mortem report. Cases like Vinayakan's open a car of worms as custodial deaths in the country often go unreported, if not unpunished.
PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor DALIT ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Union Home Secretary , GOI
Honourable 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:
Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth. Recently in many high profile cases like Sohrabuddin fake encounter case witnesses are turning hostile , but courts are not taking action against the responsible police. In few other cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even when the accused appeals to judge for his protection from 3rd degree torture by police , judge still remands him to police custody. Example Gauri Lankesh case.
2. Question(s) of Law:
Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ? When police or others use 3rd degree torture on accused , witnesses , etc are NOT such Police & Judge Punishable ?
If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not police torture former DGP for his involvement in lottery scam ? Why not police torture their colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
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 cases to perform their duties.
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 , GOI , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h. Hereby , I do request the honorable supreme court of India to order Government of Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the presiding judge of the case who failed to do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either now they are under police threat, pressure &are lying orelse years back they were under police threat , pressure and lied previously. Either the present police are guilty or the previous ones. Therefore honourable court must first prosecute responsible police for criminal charges of covering up crime, cheating & misleading the court , contempt of court. Also the advocates of case at that time who together with guilty police mislead the court must also be prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of ruling elite who always wins.
j. to order state police , central intelligence to subject the police officials , judges also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.
k. 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 : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Editorial : Corrupt Judges & 5 Star Jails
- Safety of Jail Inmates Responsibility of Judges
The presiding judge of the case who issues arrest warrant against a person , who rejects the bail plea of the accused and the judge who remands accused to police custody / judicial custody is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails and in all such cases , respective presiding judges must be made to pay compensation from their pockets and judges must be charged for AIDING & ABETTING THE MURDER ATTEMPT on prisoner by jail / police authorities.
In the same way , it is the duty of the presiding judge who convicted or remanded a person to jail , to ensure whether the person is getting RIGHT PUNISHMENT as per law whether less or more in jail and to ensure right punishment for him.
Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment , 3rd degree torture within jail which are not permitted by law / judgement.
This can only happen with the connivance of corrupt judges & police. Why not legal prosecution of corrupt judges & police and putting judges , police behind bars ? Are the JUDGES & POLICE above Law ?
Presiding Judge who convicted Sasikala & Police fully responsible for 5 Star Jail life of Sasikala & Ilavarasi Watch :
https://www.youtube.com/watch?v=zS3JvO8ys-g ,
https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,
https://www.youtube.com/watch?v=_0pUTMYwyFA ,
https://www.youtube.com/watch?v=vveQcSvzUx8 ,
https://www.youtube.com/watch?v=n8ryW-ePAUU
Are CJI & Supreme Court Judges sleeping or conniving ? Anyway SCI Judges get lakhs of rupees salary , 5 star bungalow , car , etc even if does duty properly or improperly.
PIL – Compensate Prisoners illegally detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
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 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.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.
2. Question(s) of Law:
Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,
Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
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 cases to perform their duties.
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 , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h . 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 : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Shankar Bidari worse than Saddam Hussain, Gaddafi: HC
In a scathing verdict, Karnataka High Court today struck down appointment of Shankar Bidari as state DGP and IG, describing him as "worse than Saddam Hussain or Muammar Gaddafi" for alleged atrocities committed by the STF led by him during the hunt to nab forest brigand Veerappan.
Dismissing as "without merit and substance", petitions by the government and Bidari, challenging the CAT order, the division bench headed by Justice N Kumar held his empanelment by UPSC and consequent appointment as "void and illegal."
Upholding the verdict of Central Administrative Tribunal the court said "in the facts of the case, we cannot find any infirmity in the said decision. It is just".
It struck down Bidari's contentions "absolving himself of the responsibility" of atrocities by stating he was only Deputy Commander of the Joint Task Force of Karnataka and Tamil Nadu to nab Veerappan and not "omnipresent and omnipotent like Saddam Hussain or Muammar Gaddafi."
"Though he was not one of them, if what the two women (tribals) have said in their affidavit is true, he is worse than them" (Saddam Hussain and Muamar Gadaffi),the court said in its acerbic observations.
The court directed the government should relieve Bidari forthwith and appoint A R Infant in his place. "Otherwise they are answerable to the public of the state".
The court dismissed the memo filed by the government seeking a one week stay of the order. It observed "if the state government has any respect for the rule of law, womanhood, human rights, concern for the downtrodden, tribals, and socially backward communities of the state, they should relieve the third respondent (Bidari) forthwith and appoint the applicant (A R Infant) in that place."
On March 16, CAT had set aside Bidari's appointment as DGP and IG and ruled that Infant should be appointed ad hoc police chief till the government decides on the new appointment.
CAT said government should prepare a fresh list of senior IPS officers and send it to UPSC, which would suggest three names for the top post.
On the court verdict, Infant told PTI "I am lucky that my case was tried by judges with great conviction, both at CAT and High Court. I admire their courage of conviction".
Observing that Chief Minister should have used his discretion while exercising his absolute power in selecting Bidari for the post, the court stated "......but such discretionary power must be exercised with great caution.....the Chief Minister before exercising his power did not see the police records".
Quoting extracts from the National Human Rights Commission report, which was not placed before the Union Public Service Commission before empanelment as it was not considered "relevant", the court stated that NHRC concluded that one woman was a victim of rape and repeated torture, three women were subjected electric currents through different parts of their body, seven subjected to illegal detention and assault, three suffered permanent disability, 11 stripped naked and given electric shocks, 12 unlawfully detained, one was taken into custody but never returned and 60 were killed in encounters out of 36 were killed in "false encounters".
Referring to the affidavits filed by tribal women Erammal and Nagi before an NGO which was produced before the court and indicted Bidari, the court stated "Erammal was taken to Dimbam police camp, beaten with a lathi as a result of which she lost sight in her right eye, She was then taken Mahadeshwara camp where she was stripped naked, beaten and given electric shocks in different parts of her body in front of Bidari".
The court then cited the instance of Nagi who taken to the M M Hills camp, was blindfolded and interrogated by Bidari who passed currents through different parts of her body and then she was gang raped.
The court observed that though the then governments accepted the recommendations of the NHRC accorded compensation to the victims and then DG and IG (Achutha Rao) promised to initiate action against the perpetrators, no action was initiated. Probably they (the then CMs) lacked the "political will and courage" to direct action against these acts.
Taking a swipe at the present day politics, the court observed "people who are in opposition party preach values, criticise the acts of the ruling party. Gullible public believe them and they are voted to power, but when they come to power they realise it is very difficult to practice what they preach and when they are seated in super power (ruling party) all these values evaporate. They succumb to corruption. Power corrupts, absolute power corrupts absolutely".
Therefore it is immaterial, the court observed which party comes to power, what ideology they believe in, what principles they preach. Once they come to power, they become the ruling party. This is the democracy which is in practice.
It appears that the present day state government and Bidari after occupying the present position seems to have forgotten was was said 15 years back, the court observed. "By characterising this report as "one without jurisdiction, giving the impression that it was not a document of any importance.....government of the day and Bidari are afraid of truth....we are convinced that the report of the Sadashiv Panel, NHRC was deliberately kept back", the court obseved.
There is no disputing the fact, the court stated, that the record of Bidari during his tenure in STF of Karnataka and his bio-data which was prepared by himself wherein he stated the exemplary service that he rendered that won him the gallantry award and a cash prize of Rs 1.68 crore, was placed before the UPSC. "This is the positive side of the story that was placed before the UPSC".
What is clear from the report, the court observed is there were allegations against STF personnel of Karnataka that they committed atrocities on innocent villagers of 48 villages, committed murder, false encounters, rape and torture and 20 written complaints were filed before the NHRC.
On Bidari's contention that he was not personally indicted by NHRC, the court observed that the NHRC has categorically stated that it has not indicted any one as it has been unable to identify the perpetrators of the acts. "This only shows the fairness and application of judicial mind".
The court observed "from the report, it is clear that atrocities were committed by police on the instructions of R3 and while the state and the police assured of action against the culprits, no action has been till date.
What is to be considered, the court observed is whether such a person who has "no concern for women, her rights, her safety and that of the poor tribals, downtrodden and socially backward classes. A person with such a bent of mind can head the state police force to maintain law and order, whether their (public) interests are safe in such hands.
These are the facts which UPSC and the state Chief Minister should have considered while exercising the power conferred on him and it is these factual findings of the Sadashiva panel and the NHRC which the government should have placed before the UPSC. "In the absence of such material, the assessment by the UPSC and state government is vitiated", the court said.
Reflecting on the mindset of Bidari, who wants to absolve himself from the responsibility stating that he was only acting under the supervision and control of Walter Davaram, the commander of the STF, the court observed "even after 15 years, there is no remorse, he is not prepared to accept the responsibility........whatever may the provocation, we cannot tolerate for a second rape...... as a means of investigation by the police".
Finally, in an message to the Chief Minister, the court stated "it is not a legal issue but a moral issue. As a head of the state, what are the various concerns, what is the message he is sending has to be kept in mind. Even now it is not too late to keep the interests of the public in mind and assure that previous dispensation would not be repeated and appropriate action taken".
AMNESTY INTERNATIONAL PUBLIC STATEMENT
AI Index: ASA 20/002/2008
(Public)
Date: 18 January 2008
India: Many adivasi victims of Special Task Force (STF) operations yet
to get justice and compensation in Karnataka and Tamil Nadu
Amnesty International is concerned that several adivasi (indigenous
and marginalized communities) victims of the decade-long Special Task
Force (STF) operations against Veerappan, who was killed by the STF
after being outlawed for sandalwood smuggling, are yet to receive
justice and compensation for the human rights violations perpetrated
against them. Human rights violations perpetrated in the course of
operations against Veerappan included unlawful killings; arbitrary
detention; and torture and other cruel, inhuman or degrading treatment
or punishment (ill-treatment), including sexual violence.
Amnesty International has learnt that, one year after an official
panel of inquiry led by Justice A. J. Sadashiva ordering the
Government of Karnataka to pay compensation to 51 victims, 13 of them
have yet to receive it. The Government of Tamil Nadu has paid
compensation amounts to 38 victims as directed in the order. In
January 2007, the National Human Rights Commission (NHRC) had directed
the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
Notwithstanding the above order, during the past year, human rights
organizations in the two states have been campaigning to ensure
justice for 104 other victims whose complaints of human rights
violations including arbitrary and indefinite detention, torture,
including to death, other ill-treatment and sexual assault were
reportedly ignored by the panel. The panel also failed to initiate
charges against any of the 39 STF officials named as perpetrators by
the victims during the proceedings, though it concluded that the STF
had perpetrated torture. However, Amnesty International has learnt
that a number of complaints against 39 STF officials have nevertheless
been filed by the victims in several police stations in Tamil Nadu and
Karnataka.
In spite of the filed complaints, a number of STF personnel named as
perpetrators in the victims' complaints were given awards and
promotions; furthermore, some of the officials named by the victims
were reportedly present in an official function held to distribute
compensation amounts in Karnataka in March 2007, leading to protests
from the victims.
As a state party to the International Covenant on Civil and Political
Rights, India is obliged to "ensure that any person whose rights or
freedoms... are violated shall have an effective remedy"; to "ensure
that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of
judicial remedy"; and to "ensure that the competent authorities shall
enforce such remedies when granted."
Amnesty International, therefore, urges
• the Government of Karnataka to immediately distribute compensation
amounts to the 13 remaining victims as per the January 2007 order;
• the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF
officials and bring those suspected of perpetrating violations to
justice, in proceedings which meet international standards of fairness
and without the imposition of the death penalty;
• immediately suspend the officials named in the complaints from
active duty pending completion of investigations;
and
• the NHRC to participate in the above cases to help to ensure that
there is justice for the victims.
• the NHRC to re-examine victims' complaints ignored by the official
panel.
Background
In 1993, the Governments of Karnataka and Tamil Nadu had created the
STF to catch Veerappan and his associates who had remained outlawed
for more than seven years. On 21 October 2004, Veerappan and two of
his associates were killed during the STF operations. In all, 36
persons lost their lives during the STF operations.
In June 1999, the NHRC appointed the official panel, consisting of
Justice Sadashiva and a former Director-General of India's premier
investigating agency, the Central Bureau of Investigation (CBI). The
panel submitted its recommendations in December 2003.
FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA
Recently, it has been reported in the media , how in gujarath state
high ranking police officials took SUPARI to murder & committed the
murders by giving it the name of encounter. Nowadays , it has become
common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise
panchayaths at police stations. All these acts of police are illegal ,
the police must be first thought the lessons of law before enforcing
it. The murderers , criminals in police uniform must be punished at
the earliest.
At the outset , HRW salutes the few honest police personnel who are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute them & pay our respects to them and hereby appeal to those few
honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays ,
when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :
1) when the investigating officer (I.O) lacks the brains of Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame
innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher-
ups need very quick results – under work stress I.O uses 3rd degree
torture on innocents.
Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted. Even during encounters , police only have the legal right ,
authority to immobilize the opponents so as to arrest them but not to
kill them.
There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-
pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like
scarecrows before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose
of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service and
to forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude &
knack for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies & must be put on detective , investigative works.
Legal prosecution of cruel & inhuman STF police personnel
- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
During “catch forest brigand veerappan operation” , Special Task Force
police personnel , illegally arrested , detained , tortured &
murdered innocent tribal people of both tamil nadu & Karnataka states.
NHRC has clearly noted the crimes of STF personnel & ordered both
Karnataka & tamil nadu governments to pay compensation to victims of
police atrocities. However still some of these victims are not yet
paid compensation by these governments , why ? also , the government
instead of legally prosecuting guilty police officers on murder
charges , has given awards & promotion to guilty inhuman police
officers. Is the government sending a message that 3rd degree torture
& murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for
common people ?
Hereby , we do once again request your kindself , to dismiss guilty
police officials from police service , to withhold their pension
benefits , to legally prosecute them on charges of murders of
innocent tribal people & on charges of attempt to murder innocent
tribal people by 3rd degree torture methods. Hereby , we also request
you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings
about atrocities by STF personnel.
To order the prison authorities to subject the four convicts, accomplices of Veerappan to Narco analysis & Bran mapping tests in a fair manner with unbiased questionnaire.
So that truth will come out about Ex-Minister Nagappa's Murder
case, Amount of Ransoms paid during all kidnap episodes including Movie star Raj Kumar's kidnap episode. Truth will come out about the Minister M.L.As. M.Ps. Police & Forest Officials who have stacked away riches by helping him. Truth will come about Granite quarry owners who helped him. Truth will come out about traders, merchants who traded in goods , sandal wood , Ivory supplied by forest brigand Veerappan.
To order the Govt of Karnataka , to make public the Justice A J
Sadashiva's commission's final report & complete proceedings . Then the truth will come out, how the STF personnel, police tortured tribal people at a place called WORK SHOP IN M M HILLS how they gang raped tribal women repeatedly for days together, how they burnt their breasts, how they pushed sticks smeared with chilli sambar powder into their anus. How the police tied men folk upside down from the ceiling . How many died, unable to bear the shame & torture ? Are not these brutal inhuman STF police personnel fit to be hanged till death, along with four accomplices of Veerappan ?
To order the National Human Rights Commission to make public the findings of its independent enquiry conducted about the police torture on tribal people. Violations of human rights of tribal people in the forest brigand veerappan's Territory i.e. M M Hills.
Jai Hind. Vande Mataram.
Your’s Sincerely,
Nagaraja.M.R.
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,
HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL
,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
WhatsApp 91 8970318202
Home page :
http://eclarionofdalit.dalitonline.in
https://dalit-online.blogspot.com
Contact : editor@dalitonline.in , editor.dalitonline@gmail.com
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