Sunday, February 28, 2021

Sp.ed.5

 

 

Dalit-Online 

Weekly e news paper 

Editor: Nagaraja.M.R.. special..edition.5................28/02/2021

 

RTI  APPLICATION  TO CPIO  RESERVE  BANK OF INDIA  MUMBAI

 

Refer RTI APPLICATION No:

 

 RBIND/R/E/20/04870

 

 

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / 

ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) 

ARE THE INFORMATION SOUGHT BY ME. 

WITH RESPECT TO CASE NO  old CC34 / 1989 & NEW NO SC436/1991   AT 21 

ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

CHARGE SHEETED OFFICER MR.G.HARIRAM RBI BANGALORE

CHARGE SHEET NO staff no.3698/156/84-85 dt 01.01.1985

Amended charge sheet  staff no.3798/156-84/85 dt 08.04.1985

 

 

1. Why didn't you notice the alleged crimes of 1977 , 78 & 79 till the 

mid of  1979 ?

2. This crime came to light only due to anonymous phone calls of good 

Samaritans to authorities , but not due to your inspection . is your 

inspection division working properly ?

3. why there is no security check up of officers during entry & exit 

out of premises ?

4. why there is no individual weighment , individual statement of 

value of bags of reissuable notes & bags of note meant for destruction 

, after sorting is done, why they are not tallied with total weight , 

value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer all 

the employees of those sections ?

6. why did not you take steps to preserve3 & protect respective 

documents relating to such high profile crime ?

7. why didn't you immediately issue charge sheet to all the accussed & 

waited till 1983 ?

8. Why RBI has left out , so many officers ( who worked in the same 

sections for more period than accused officers ) from domestic 

enquiry ?

9. why CBI also failed to put those people in the charge sheet before 

the court ?

10. is it because they were in favorable terms with the vested 

interests ?

11. did the CBI dance to the tune of vested interests in RBI while 

preparing charge sheet & during investigation , instead  of 

independent investigation ?

12. those left out probables from the charge sheet might have caused 

the destruction of evidences / records. During the course of domestic 

enquiry / court proceedings , it has been recorded that some records 

have been destroyed. Are not CBI & RBI responsible for destruction of 

evidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulations 

for preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have taken 

utmost care to preserve such old records for indefinite time , for 

producing before courts of law as & when demanded. But it  didn't , 

why ?

15. does not this point to connivance of higher authorities of RBI , 

with the criminals ?

16. RBI authorities have conducted domestic mass enquiries , instead 

of individual enquiries , is it not detrimental to the rights of 

defense ?

17. RBI authorities have stated  that court proceedings & domestic 

enquiry are independent of each other & are not binding on one 

another. However  RBI authorities straight away took on record of 

domestic enquiry the court statements , evidences , but didn't honour 

the order of same court of law ? why this double standard by RBI ?

18. The alleged crime  was committed in 1977-79, but charge sheet was 

framed in mid 1985 , why this long delay ?

19. didn't this facilitate the masterminds of crime to destroy , 

manipulate evidences ?

20. as stated before court , indeed some records , 22nd currency note 

packet were missing , who is responsible for it ?

21. has the CBI conducted enquiry , polygraph test of RBI higher 

officers - S.N.RAZDAN , W.S.SARAF , J.P.AWASTHI , J.MITRA & others , 

if not why ?

22. is it not due to inefficiency , negligence of duty by such high 

ranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient , 

negligent higher officials ?

24. whatever internal rules an organization makes must be within the 

line of law. If such internal laws of the organization are violative 

of law , fundamental rights of employees , such internal rules become 

illegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deduct 

any loss caused to the bank , from the pension of RBI employee if the 

misconduct of employee is proved in judicial proceedings . even though 

mr.G.Hariram came out clean from the court , why  RBI has denied his 

pension ?

26. judicial courts of law are appellate authorities over & above , 

domestic enquiry committees & judicial orders supersedes the domestic 

enquiry proceedings. Still RBI showed contempt of court & didn't 

reinstate mr..G.Hariram into service , why ?

27. even if an employee's misconduct causing loss to the bank is 

proved , before denying him pension (towards making up loss to the 

bank) , previous sanction of the central board of RBI must be taken. 

But in mr.G.Hariram's case , pension was denied in full without taking 

previous sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000 

to the bank & recovered it from his provident fund dues. There was 

nothing left over to recover , still RBI  completely denied pension to 

mr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions should 

be completed first , then the employee can appeal to appropriate court 

of law. In mr.G.Hariram's case , CBI & RBI failed to prove the charges 

in court of law , as a result court discharged him from the charges. 

To cover-up it's failures RBI management dragged domestic enquiry much 

beyond court orders date & gave findings indicting mr..G.Hariram. does 

the enquiry officer of domestic enquiry think that he is over & above 

the court of law ? is it not illegal & contempt of court ?

30. ideally , RBI authorities should have appealed to higher court 

against lower court order discharging mr.G.Hariram from charges. But 

it was not done , why ?

31. did the RBI pay interim relief to mr.G.Hariram , during suspension 

period ?

32. the undue delay in filing charge sheet , consequent destruction of 

key evidences , dishonour / contempt of court orders , undue haste in 

giving findings , dismissal , denial of of pension without central 

board's sanction , all point towards criminals within RBI higher 

management. What disciplinary action has been taken against 

J.P.AWASTHI, S.N.RAZDAN,J.MITRA, W.SARAF & others ? if not why ?

33. why charge sheet was amended? Is it legal ?

34. did the charge sheet was amended to falsely implicate 

mr..G.Hariram , by including cancelled note vault in the charge 

sheet ?

35. does not this itself show that it is not statement of actual 

happenings / facts , but a cunning ploy to mislead investigation 

towards fixed innocents from actual criminals ?

36. is it true that that only 5% of sample inspection is done out of 

bundled verified defective note packets ?

37. is not the conduct of joint / mass enquiries of all charge sheeted 

officers illegal ?

38. how come such an important evidence 22nd note packet went 

missing ?

39. is it because it may point towards real criminals ?

40. as per the statement of management witness / inspection head / 

expert mr.vijendra rao , the notes of earlier dates have been removed 

from packets made into new bundles , right ?

41. as per his statement , entire certificates , seals of some asst 

treasurers are there , who didn't work at all on that day is not it ?

42. does not it show that some body else was misusing the seals , 

putting some innocents seals over the notes ?

43. does it not show that , crime has taken place at verification 

section ?

44. does it not show involvement of some asst treasurers ?

45. why asst treasurers have not been charge sheeted ?

46. why inspection of RBI Bangalore office was not done between 1975 & 

1979 ?

47. is it not true that you failed to produce all records showing 

internal inspection / audits , during domestic enquiry & court 

proceedings ?

48. your expert mr.vijendra rao has stated that some seal marks are 

smudged , he has stated some seal marks appears to be so & so. He has 

clearly nowhere stated that this seal mark is exactly this , so he 

himself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this , 

on that day this seal was issued to mr.G.Hariram , isn't it ?

50. your expert says during 1975 , he didn't notice3 any fraud. 

However approver says fraud was there before mid 1977 also. Why no 

action has been taken ?

51. why you didn't produce all records of all persons , who have 

specifically worked in alleged sections , the registers of those 

departments with daily activity report containing seal nos , packet 

nos , bag nos , etc ?

52. are not their chances of some criminals putting the seal marks of 

innocent officers over the notes , bundles , bags , etc ?

53. your expert is not 100% sure of seal mark , your records are not 

there to prove the presence of charge sheeted officers in the alleged 

sections , neither your expert nor your records are 100% sure on what 

date , at what stage , by whom crime was committed , isn't it ?

54. is not the charge sheet amounting to higher ups picking up 

officers they dislike & falsely implicating them ?

55. is it not cunning ploy of higher ups to divert attention from 

original criminals ?

56. why no action was taken against currency officer of 1977-79 

mr.J.Mitra ? why his pension , super annuation benefits were not 

withheld ?

57. what is your justification , supporting evidence , records for 

picking up only three officers including mr.G.Hariram for legal 

prosecution and leaving the majority of probables ?

58. why you have dropped charges against five asst treasurers ? why 

you didn't even conduct domestic enquiry against them , let alone 

legal prosecution ?

59. Is it RBI's & CBI's way of fair play & justice ?

60. as inly 5% sampling of verified note bundles are done , there are 

more possibilities of rebundled packets getting unnoticed in relaxed 

95% lot , isn't it ?

61. you have left out so many officers who worked in those sections, 

some of whom even became management witnesses , instead of being 

charge sheeted by the management, is it fair play & legal ?

62. who are the bank employees , from whom you have recovered the 

alleged bank loss of Rs.220000 ?

63. were all of them charge sheeted , enquired , legally prosecuted , 

dismissed & their pension , gratuity withheld ?

64. you don't have any internal statuotary records to prove that 

mr.G.Hariram worked in those departments , except a currency officer's 

office note dated just on the eve of charge sheet years after the 

alleged crime ? does it not prove that this note has been concocted 

just to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in those 

departments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out 

of 40 officers , why you have picked up only mr.G.Hariram , out of 

1095 working days , he has worked for only 223 days in those 

sections , still those officers who worked for more days in those 

sections are not charge sheeted why ? the approver , the management 

expert witness , shift registers , V2 registers , Destruction 

certificates , Form CD 55 , etc , nobody , no records were able to say 

on what date , at what stage , by whom crime took place , also they 

were unable to say on what date at what stage crime was committed by 

mr.G.Hariram ? is it not futile imagination , cunning ploy of RBI 

higher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place of 

crime is punching / Cancelled Note Vault , incinerator , where asst 

treasurers were joint custodians . they were not enquired & let off 

why ?

68.        the charge sheet alleges extraction / substitution of 

defaced note packets. Where as the management expert witness say 

substitution of defaced notes only ? is not there difference between 

loss of one number of note & 100 number of notes ?

69.         as per the normal course of duty , staff officers does not 

count notes in each bundles , but they just count the number of 

bundles only. Is not there chances of inserted note bundles or bundles 

containing less number of notes going unnoticed ? is it not the 

failure of statuotary system of work practices ?

70.         does not all these prove higher authorities of RBI & CBI 

were hell bent to fix mr.G.Hariram & to shield the original 

criminals ?

Questions with respect to other cases :

71.         how do you monitor the work of bank officials nominated as 

directors of companies which have availed bank loans ?

72.         how do you monitor the work of companies , in which banks 

have invested ?

73.         how do you monitor the rapid wealth growth of certain bank 

officials , who work in shares investment / equity funds section , 

etc ?

74.         inspite of project reports by bank officials , over 

assessment of collateral securites / value of debtor companies by bank 

officials , the loans become NPAs  & full value  cann't be realized in 

the market by selling off the assets of debtor companies also. In such 

cases , what action is taken against erring bank officials who collude 

with criminal industrialists for availing higher amount of loan than 

permissible ?

75.         give bankwise  specific figures of NPAs.

76.         give names of industrial groups / promoters whose 

companies have become NPAs , so that public can be aware of them  , 

before investing in new companies promoted by them.

77.         is not collection of loan from debtors of bank through 

rowdies / recovery agents , illegal ?

78.         why not criminal complaints filed against bank mangers for 

aiding , abetting rowdism , murdering people ?

79.         if your method of employing rowdies to collect loans of Rs. 

10000 from commoners is right , what would you do to a promoter of a 

debtor company to recover loans of crores of rupees , supari killing ? 

but debtors of crores of rupees is let off coolly by banks , why ?

80.         what is the exact amount of loss caused to the exchequer 

by karim lala telgi who printed fake stamp papers ?

81.         what action has been taken against those involved ?

82.         have you taken action against all those mentioned by telgi 

during narco analysis test , if not why ? is it because they are 

powerful & bigwigs ?

83.         how you are controlling the illegal finance activities , 

money lending by individuals , pawn brokers & chit fund companies ?

84.         how you are monitoring the receipt of public donations , 

foreign donations by many NGOs ?

85.         how many erring NGOs , chit fund companies , pawn 

brokers , individuals you have booked for illegal finance activities ?

Questions relating to RBI CURRENCY NOTE PRESS MYSORE

86.  who were responsible for selling the good printing machine at 

security press nasik to scamster karim lala telgi as scrap ?

87.  who recruited the candidates below merit rankings in R.B.I for 

what criminal roles ?

88. how many irregularities have taken place in R.B.I till date ?

89. who is responsible for installing, operating & supervising the 

security set-up in R.B.I ?

90.  how the raw materials ie number of paper sheets, ink, etc are 

accounted for in inward stores & while issuing for printing ?

91.  how wastages, scrap of ink , papers , etc in the printing process 

are accounted for?

92.  How the finished goods ie currency notes are accounted for ?

93.  Who keeps physical figures & possession of goods, inventory of 

all the above?

94.  How the scrap paper is disposed off ?

95. From security angle who keeps track from start till dispatch ?

96.        Give me the merit ranking list of all candidates for the 

post of stores assistant in BRBNMPL in the year 1995-96 ?

97.        give me the merit ranking list of all candidates for the 

post of process assistant at BRBNMPL in the year 1996 ?

98.        give me the merit ranking list of all candidates for the 

post of process assistants & maintenance assistants at BRBNMPL in the 

year 1996-1998 ?

99.        is not RBI & BRBNMPL authorities created by statuotary 

laws , fully funded by public money ie from government exchequer ?

100.   still why BRBNMPL & RBI refused to answer my previous 

information request as per RTI Act ? are you afraid that skeletons 

will come out of cubboard ?

101.   what action initiated against the SBI  branch Bangalore  & SBI 

Overseas branch for loss of cheque / draft amounting to crores of 

rupees ? if not why ?

102.   give me specific figures bank wise with respect to loss caused 

to the bank by loss of cheques or demand drafts , etc ?

103. how RBI is containing crimes of loss of cheques / DDs  causing 

huge losses to the banks to the tune of crores of rupees ?

104. To my  previous  rti requests and appeals you gave half truth information  to few questions and for most questions you didn't  answer. Your denial of information  helped  crime cover ups and aided criminals  to escape & commit  more crimes unabated. Crime cover up and aid to crime in itself is one more crime. Why should not you be together with RBI governor legally prosecuted for the same.

 

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

 

 

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Sp.ed.3

 

 

Dalit-Online 

Weekly e news paper 

Editor: Nagaraja.M.R.. special. edition.3...............28/02/2021

 

 

Industrial Pollution in Mysuru

-          An appeal to Honourable Supreme Court of India

 

Reckless & greedy attitude of industrialists & bureaucrats  is causing  dumping of industrial waste in and around Mysuru.  Repeated appeals to authorities & SCI  has fallen on deaf ears. Is there quid pro quo ?

Once again we appeal to SCI  to read the  following  cases  carefully  and

1.      To  order authorities  to  prevent further  industrial  waste dumping in & around  Mysuru.

2.      To   order enquiry into young boy Harshel's  murder. Identify the guilt industrialist and to order him to pay compensation to victim's  family.

3.      To order guilty  Industrialist  causing visakhapatnam industrial accident to pay compensation to victims, residents of affected areas.

4.      To order  Industrialists  causing  pollution of kapila  river in Mysuru  district  to pay for it's clean up and  to victims  of Pollution.

5.      To  order  police  to  initiate  criminal prosecution of Industrialists  involved  in  murder of Harshel  , visakhapatnam tragedy & kapila river polluters. 

 

 

Hope this time SCI judges won't act deaf  and will do their  constitutional duties properly.

 

 

With regards

Nagaraja  Mysuru  Raghupathi

Will the government hold Big Polluters liable for air pollution, preventable diseases, and untimely deaths?

By Sandeep Pandey 

 

16.7 lakh people died in India in 2019 because of air pollution accounting for 17·8% of the total deaths in the country (source: The Lancet Planetary Health). Air pollution was the 4th leading risk factor for premature death globally, accounting for nearly 12% of all deaths, with more than 6.67 million in 2019 alone, shows the State of Global Air Report 2020. Each of these deaths could have been averted – and every disease caused by air pollution could have been prevented.

Air pollution is the biggest environmental health crisis we face and the WHO has warned repeatedly that air pollution is an invisible killer. The global death rate attributable to air pollution exposure is 86 deaths per 100,000 people. 92% of the global population lives in places where air pollution levels are above the WHO guideline for healthy air. As we write this article from Lucknow, Air Quality Index here is hovering around 465 (WHO limit is 50).

Air pollution is fuelling epidemics. Of all the deaths caused by ischemic heart disease (biggest killer on our planet) 20% are caused by air pollution. Of all the deaths caused by lung cancer (deadliest of all cancers) 19% are due to air pollution. 40% of COPD deaths are because of air pollution. Asthma is another condition people suffer from which is seriously aggravated by air pollution. Also, let us not forget that other major common risk factors- tobacco and alcohol use- for these diseases are also preventable. Should not our governments hold Big Tobacco and Big Alcohol liable for the irreparable loss of human life and suffering it has caused?

More alarmingly, climate change and air pollution are closely interrelated, further escalating the economic costs and health hazards for humankind. Yet it does not seem to be invoking governments to act with urgency. Air pollution warrants much more urgency to save lives and help people breathe life, and not inhale deadly disease-causing polluted air.

MAKE BIG POLLUTERS PAY

The Lancet Planetary Health published earlier this month further states that lost output from premature deaths and morbidity attributable to air pollution accounted for economic losses of US$ 28·8 billion (about INR 2,13,451 crores) in India in 2019 alone. “The states of Uttar Pradesh and Bihar, with the highest economic loss as a percentage of their GDP, had the lowest per-capita GDP among the states of India, indicating that these poor states are most vulnerable to the adverse economic impacts of air pollution” states The Lancet.

With overburdened and appallingly weak health systems in India, and with additional challenges posed by the Covid-19 pandemic, we cannot afford multiple epidemics of preventable diseases. No one should suffer from any disease that is primarily preventable. Likewise, no one should die prematurely from these curable diseases.

The President of India has recently signed an ordinance, ‘The Commission for Air Quality Management in National Capital Region and adjoining areas, 2020’, with a provision for a fine of INR 1 crore and/or jail for 5 years for those violating air pollution norms. This ordinance has been brought in the background of the problem of stubble burning by farmers. All this while when industrial and vehicular pollution was deteriorating the quality of metropolitan air no government had thought of a strict law to check it. In fact, the history of Pollution Control Boards has been that of compromise on the issue of pollution in exchange for gratification by the Industry. As a proof one has to merely observe the pollution levels in the water bodies situated next to industries or big cities.

We conveniently and squarely blame the poor for pollution but ironically the poor consume and pollute the least. It is us, the privileged people who consume, abuse, and pollute our planet the most. Also, it is us, the privileged people (who live, consume, and pollute in an unsustainable manner) who are getting to decide the ‘sustainable development’ model. So, dumping all blame for air pollution on farmers for stubble-burning is not going to help anyone because we cannot have air purifiers everywhere and we, and our loved ones, need clean air to breathe and live.

Think: Who should be made to pay for these colossal health and economic losses caused by air pollution? Why should not governments recover the economic losses from corporations that have polluted our air? But if we look at past years, governments have diluted, watered down or weakened environmental safeguards for corporations, often in the garb of ‘ease of business’ or the ‘urgency to reboot economy’.

It is the government’s primary responsibility to ensure all citizens breathe clean air. Governments also need to ensure that corporations do not engage in any activity that pollutes our planet and its health, and hold those abusive corporations to account who have harmed our planet or our health in any way. Market-based solutions are not ‘solutions’ but just another way for corporations to fill their coffers. So installing ‘air purifiers’ is not the solution to resolve air pollution but stemming the source(s) of pollution and revamping the development model so that we stop polluting our air and planet, is.

 

 

PIL –  Young Boy  HARSHAL ’s  Death due to Industrial Waste

 

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

 

District Pollution Control Board officer , Mysuru

Joint Director , Department of Industries , Mysuru

Joint Director , KIADB , Mysuru

Deputy Commissioner , Mysuru

& 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:

Young  boy  HARSHAL  died  by  burn injuries caused by industrial waste in mysuru , Karnataka.

During  planning of  Industrial Areas in Mysuru , waste dumping yards  were NOT  planned  suitably and  NOT  allocated   sufficient lands for the same , keeping in view  industrial requirements 20 years down the line.

It is like building a house without toilet.

It is criminal negligence of duty by KIADB , Industries department officials  who planned and approved  development  of these industrial sites.

It is criminal negligence of duty by  District Industries department   who gave  license  to these industries in the beginning without physically verifying  about  the waste disposal  methods of these industries.

It is criminal negligence of duty by Karnataka state pollution control board officials  who gave No Objection Certificate to these industries in the beginning without physically verifying  about  the waste disposal  methods of these industries.

 It is criminal negligence of duty by Karnataka state pollution control board officials , District Industries department officials  who  are  renewing   License /  No Objection Certificate to these industries  annually ,  without physically verifying  about  the waste disposal  methods of these industries.

It is criminal negligence of duty by Deputy  Commissioner ,  Mysuru District  to  ensure  adherence  to law by  other department officials.

It is criminal negligence of duty , violation of law , CRIMES  by  responsible Executives  / Owners  of the industries who are  dumping these industrial wastes in a  hush hush manner.

 

 

Read  details at following websites :

http://www.newscrunch.in/2017/04/teenager-dies-earth-suddenly-catches-fire-mysore-%E2%80%93-toxic-waste-dumped-says-official-video   ,

http://starofmysore.com/boy-walks-vacant-plot-loose-soil-succumbs-chemical-burns/http://starofmysore.com/boy-walks-vacant-plot-loose-soil-succumbs-chemical-burns/

http://indiablooms.com/ibns_new/video-details/N/92557/watch-soil-catches-fire-due-to-presence-of-rubber-factory-chemical-waste.html  ,

 

2. Question(s) of Law:

Is  commonman’s   life  so  cheap ,  dispensable ?  If so , why cann’t you  dispense off with the lives of  children  of  PCB , KIADB  officials , Industrialists  ? Are not officials  , Industrialists  accountable for this criminal act of negligence ?

 

3. Grounds:

Requests for equitable justice , Prosecution of  guilty officials ,  Responsible Industry owners.

 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  present case, to perform their duties  & to  avert further  loss of lives.

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 

1.     To  order  for   fencing of the  whole area , where  industrial  waste is dumped causing  fire.

2.     To   order  for   24 X 7 police vigil  preventing any tress passers.

3.     To   order  for  supreme court monitored  enquiry , as the industrialists  are high & mighty and may manipulate the  samples itself.

4.     To immediately  order district administration  not to   go ahead  with  spraying other chemicals over the dumping yard  to neutralize the waste chemicals.  As it will alter the samples  and  criminals , guilty industrialists  will  escape.

5.     To  order for sample collection by multiple bodies , NGOs  , so that nobody can manipulate the samples.

6.     After  sample analysis by supreme court empanelled experts ,  based on expert advice steps to diffuse  chemical waste must be taken.

7.     To initiate criminal  prosecution against public  officials  who planned , approved these  industrial area without provision for suitable waste dumping yard.

8.     To order for  criminal prosecution against  guilty industrialists.

9.     To order for criminal prosecution against  KSPCB , KIADB , Industries department officials who gave NOC , renewing licenses every year  to these guilty industries.

10.  To order  Government of Karnataka , to pay two  crores compensation to  deceased boy Harsha’s family  immediately  and  to recover  it from the guilty industrialist.

11.  To treat this as a PIL and to issue writ of mandamus to concerned officials in the current case.

 

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated :  19.04.2017……… ………………….FILED BY: NAGARAJA.M.R.

 Place :  Mysuru , India…………………….   PETITIONER-IN-PERSON

 

Shocking but true! Mysuru has no place for dumping industrial waste

 

Truth is like a bitter pill. It is tough to swallow. Mysuru, which has bagged the ‘Cleanest city’ award for two consecutive years, does not have an exclusive place for dumping industrial waste. Shocking but it’s true!

The industrial area in the Mysuru district does not have any specific place to dump the industrial waste or hazardous waste. As soon as the news of a 14-year-old boy Harshal, who succumbed with severe burns after stepping in to an open site at Sadanahalli, came to light, localites alleged that the boy may have died when he stepped in to the chemical and hazardous wastes that were dumped illegally in the open place.

City Today went on a reality check to identify where the chemical and industrial wastes are dumped in the city. We found that there is not even a single dumping yard or industrial waste disposal unit across the district.

There are over 11 industrial areas including Hebbal, Metagalli, Koorgalli, Belavadi and nearly 32,000 industries in the district but most of these industries do not have an earmarked place for dumping industrial wastes. Though there is a rule from the KIADB which states that at least 20 acres of land in all industrial area must be reserved for disposal of Hazardous waste, the concerned officials in the district have failed to act.

For more than a decade, Mysore industries Association (MIA) has been battling to bring a dumping yard in the district. In 2007, the MIA requested the KIADB to allot land to set up a waste disposal unit. However, in the year 2009, the state government allotted three acres of land near Koorgalli Industrial area and decided to grant the maintenance responsibility to MIA. But later, the KIADB handed over only part of the land from the allotted property. Realising the fact that the industrial waste can’t be disposed in the partial land, MIA requested the KIADB to at least provide 5 acre of land and the officials agreed orally. But nothing has happened so far.

Speaking to City Today, Secretary of MIA, Suresh Kumar Jain said, “There is no dumping yard or an industrial waste disposal unit in the district. Though we have met and discussed with the concerned officials to sanction a suitable place, the proposal is still in papers and hasn’t come in to force.”

“The issue was brought to the notice during single window meetings but no proper action has taken place till now,” he added.

Last year, Mysuru’s waste management scored over Chandigarh to clinch cleanest city title. It is high time for concerned officials to allot an exclusive place for dumping industrial waste in the district keeping health hazards in mind.

 

Mysuru: Boy's death - did currency note printing chemical wreak havoc?

 

Mysuru, Apr 18: It has been confirmed that waste containing water sensitive chemicals had claimed the life of a boy at Naganalli in the outskirts of the city.

A team of experts, led by the district administration, which collected samples of sand from the area, has sent them for laboratory testing. The team found that the temperature of sand at the spot, which is finer as compared to sand found in other areas in the village, has brown and grey hues. Temperature at the spot stands at 110 degree Celsius, which is quite high. Chairman of Karnataka State Pollution Control Board, Laxman, said that four samples from the spot and five from other areas around it have been collected and sent for testing. Geologists and environment pollution officials were among those who visited the area.

 

 

 

Some villagers have complained that discharge of poisonous chemicals by some factories located near this area has caused this catastrophe. Former chief minister of the state, H D Kumaraswamy, relying on certain sources, has placed the blame on the government mint in the city for the tragedy, duly accusing it of disposing off printing chemical waste at the spot. Secretary of Mysore Industries Association, Suresh Kumar Jain, also has supported this notion. He has alleged that the association had complained about the unscientific disposal of printing chemicals by Reserve Bank of India about five years back and that the Reserve Bank neither took steps to correct its mistakes nor did it establish waste processing plant.

Some scientists attribute this phenomenon to the presence of chemicals like Phosphorous and Sodium Hydrate. There have also been chances of graphite and lead having caused the death. The experts hope to receive test reports in about two weeks time. Senior environmental officer in Karnataka State Pollution Control Board here, K M Lingaraju, said that the officials were dumbstruck about the cause of fire in an open field where garbage or chemical were not found to have been strewn around. He also added that the place is far away from proper roads and that no tyre marks were found around the area.

In the meanwhile, district in-charge minister, H C Mahadevappa, announced an ex gratia of two lac rupees to the family of Harshal (14), who died of burns during his visit to the open field for defecation on Sunday. As Manoj (17) suffered burns after sitting on a heap of sand, Harshal, who had accompanied him, had pulled Manoj out. During this effort, Harshal reportedly fell into the heap and suffered severe burns.

Harshal's father, Murthy, who held the factories located around the area responsible for the death of his son, also criticized the officials for not doing their duty of taking steps against the guilty promptly. He wants the officials to at least wake up now to the danger posed by chemical waste and take preventive measures before the waste causes further devastation.

 

 

NSG   Team  in  Belavatha - Radio Active Waste ?

 

http://starofmysore.com/nsg-team-city-probe-belavatha-mystery-fire/  

 

 

Visakhapatnam Accident: Time For Strict Action

 — by E A S Sarma

 

To

Shri C K Mishra

Secretary

Ministry of Environment, Forests & Climate Change (MEFCC)

Govt of India

Dear Shri Mishra,

You are aware of the ghastly gas leak accident that took place at LG Polymers unit near Visakhapatnam in the early hours of 7-5-2020. Several persons in the vicinity of the accident site could not escape to safe places and got asphyxiated to death. Several others had to be hospitalised for serious health problems associated with their lungs, eyes, nose, skin etc. The impact of the toxic gases that got released from the accident site extended upto 5-10km from it. The disease burden caused by the accident will stay on for decades to come. In short, irrespective of the laws, the rules and the procedures in force, such an accident should shake the conscience of the nation and prompt those in authority to introspect and self-correct.

Initial reports suggest that the gases released in the accident predominantly comprise Styrene.

According to a study conducted by IIT, Mumbai (“Vizag gas leak: Styrene levels 2,500 times more on May 8: CSE Analysis” reported at https://mail.google.com/mail/u/0/tab=wm&ogbl#inbox/FMfcgxwHNMTsTdtrpdGPcnSWPrcFQqrM), Styrene levels in the air at several locations around the accident site shot up by more than 2,500 times compared to the safety threshold. If this were to be taken as an accurate estimate, exposure to this of the population residing within 5-10km of the site would have resulted in both short-term and long-term disease burdens. It would result in ailments associated with the lungs, the kidneys, the eyes and so on. Styrene is known to cause cancer. Considering the known toxicity of Styrene, it would also result in stunting the affected children’s mental abilities. All these social costs far outweigh the perceived benefits of giving a red carpet treatment such industrial activity.

Your Ministry cannot afford to assume the role of a passive onlooker in the case of the accident at LG Polymers or any other similar accident. You may have unwittingly or otherwise breached the Constitutional obligation of the State to protect the human rights of the citizens by facilitating ex post facto approvals for such potentially dangerous industrial units to operate.

Article 48A of the Constitution requires your Ministry as well as the State to protect the environment. Article 21 obligates the government to protect the citizen’s right to life. Article 39 directs the government to ensure the citizen’s good health.

In pursuance of Article 48A, your Ministry had brought in the Environment (Protection) Act [EPA] and issued several rules and notifications from time to time. The central theme of this statutory framework is to ensure that no industrial project is undertaken without understanding its adverse impact on the environment, without understanding its implications for the people’s health and without taking into confidence those likely to be affected. That is the rationale underlying the concept of prior Environment Clearance (EC) being obtained by a project proponent. If an industrial project gets implemented without an environmental impact appraisal and without public consultation and if your Ministry becomes a rubber stamp to “regularise” such projects, it will defeat the purpose of Article 48A and EPA.

Over the years, in the absence of a firm commitment to the letter and the spirit of Article 48A, I am afraid that your Ministry has gradually transformed itself from an independent regulatory authority into a an agency that provides a regulatory garb to thousands of hazardous industries and polluting industries that endanger the people’s lives, damage the environment and affect the people’s health.

The LG Polymers accident represents the tip of the iceberg of what is going happen in the case of several thousands of industrial units handling hazardous chemicals, not subject to any worthwhile regulatory scrutiny, beyond public accountability and operating without any meaningful oversight and monitoring.

The notifications issued by your Ministry such as SO 804(E) dated 14-3-2017 and SO 1030(E) dated 8-3-2018 that granted the largesse of ex post facto approvals  “condoned” many errant units that preempted a stringent technical scrutiny, avoided a strict environment impact appraisal procedure and escaped a public consultation process. Had your Ministry respected the letter and the spirit of Article 48A of the Constitution and respected the Precautionary Principle in environmental jurisprudence, ghastly accidents such the one that disrupted the lives of lakhs of people around the industrial unit of LG Polymers would not take place.

We seem to have learnt very little from the Bhopal gas tragedy and I doubt whether we will draw any lessons from the latest Visakhapatnam disaster. In the ultimate analysis, it is the people who are forced to pay the price for the extra-ordinary affection displayed by the rules towards the larger businesses.

A time has come when your Ministry can no longer pretend that the changes being made in the environment impact assessment procedures would subserve the public interest.

I refer to the Draft Notification issued by your Ministry in March, 2020 proposing far reaching “simplifications” and paving the way for ex post facto approvals.

In this connection, I have extracted below an observation made by the Hon’ble Supreme Court on 1-4-2020 in Civil Appeal No. 1526 of 2016

“The concept of an ex post facto EC is in derogation of the fundamental principles of environmental jurisprudence and is an anathema to the EIA notification dated 27 January 1994. It is, as the judgment in Common Cause holds, detrimental to the environment and could lead to irreparable degradation. The reason why a retrospective EC or an ex post facto clearance is alien to environmental jurisprudence is that before the issuance of an EC, the statutory notification warrants a careful application of mind, besides a study into the likely consequences of a proposed activity on the environment. An EC can be issued only after various stages of the decision-making process have been completed. 

Requirements such as conducting a public hearing, screening, scoping and appraisal are components of the decision-making process which ensure that the likely impacts of the industrial activity or the expansion of an existing industrial activity are considered in the decision-making calculus. Allowing for an ex post facto clearance would essentially condone the operation of industrial activities without the grant of an EC. In the absence of an EC, there would be no conditions that would safeguard the environment. Moreover, if the EC was to be ultimately refused, irreparable harm would have been caused to the environment. In either view of the matter, environment law cannot countenance the notion of an ex post facto clearance. This would be contrary to both the precautionary principle as well as the need for sustainable development “

While an ex post facto approval may enhance the “ease of doing business” as it is fashionable to describe it these days, it is simultaneously encouraging industrial units which are unsafe, which pollute and which damage the people’s heath. I would therefore earnestly request you to revisit the need for issuing the Draft Notification of March, 2020. instead of diluting the environment laws and procedures, in the public interest, it is necessary to strengthen them and introduce a greater sense of public accountability in environmental regulation.

I understand that there are thousands of industrial units which have escaped environmental scrutiny and are awaiting the munificence of your Ministry to “regularise” their dangerous existence. If you grant ex post facto approval for such units, you will only be paving the way for more and more such units to come up, defying any kind of scrutiny and monitoring. Please move away from the repugnant idea of such approvals and introduce professional systems of prior environmental scrutiny.

I would also request your Ministry to identify all such units that handle hazardous substances and all such units that cause heavy pollution and close then down if they have failed to be in strict compliance with the environmental norms. If you take the public into confidence, it will become easy for you in the process of identifying those units because it is the local communities that bear the brunt of pollution and risk.

I hope you will take immediate action on this.

Regards,

Yours sincerely,

E A S Sarma

Former Secretary to GOI

Visakhapatnam

 

Nanjangud turns Kapila toxic

 

Heavy metals from industrial estate pollute Cauvery tributary

The markers of chemical pollution are everywhere in and around Nanjangud, one of the State’s biggest industrial estates. Waterborne disease and “pollution-induced migration” are only some of the documented impacts among communities here.

But toxic effluents from the 532-acre estate — primarily lead from paper mills and also cadmium, chromium, copper and nickel, according recent studies — do not spare the Kapila, a Cauvery tributary on whose banks Nanjangud is situated.

If any further proof is needed, researchers at the University of Mysore have documented the accumulation of trace metals in freshwater fish in the Kapila in Nanjangud area, including zinc, iron, nickel, lead, cadmium and chromium, they report in the Journal of Pharmacy Research.

Not surprisingly, the water source has been classified in ‘C’ category (water needs treatment and disinfection for drinking) by the Karnataka State Pollution Control Board (KSPCB).

KSPCB officers, however, refute the charges that industrial pollution is a major problem in this town.

 

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

 

 

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