Dalit-Online

Sunday, October 3, 2021

3rd degree Torture

Dalit Online

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.17....Issue. 40...........03/10/2021

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 2021

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 : 03.10.2021 …………………. FILED BY: NAGARAJA.M.R.

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

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 2021

IN THE MATTER OF

NAGARAJA . M.R

editor DALIT ONLINE & DECCAN INQUIRER ,

# 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

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.

f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.

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 : 03.10.2021 …………………. FILED BY: NAGARAJA.M.R.

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

PIL - India , Pakistan , USA sponsoring TERRORISM

Double speak of Government

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. …….OF 2021

IN THE MATTER OF

NAGARAJA . M.R ,

editor , Dalit Online & Deccan Inquirer

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.....Petitioner

Versus

H.E.Honourable President of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only , at least democracy is surviving in India.

A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned police , judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , No Police , No Military , etc are supreme. Judges , ministers , president , Police , Military etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 74 years of independence these police , judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.

C. Inequality in society , unjust laws , unjust enforcement of law is a breeding ground for frustrated youths , criminal elements , naxalites , terrorists. Vested foreign & domestic interests manipulate these inequalities in society to advance their vested selfish interests using these frustrated , disillusioned youths as pawns in their power game.

D. I will list below various types of inequities existing in present day india even after nearly 74 years of independence.

E. People of Jammu & Kashmir , North Eastern states of India are governed by different set of laws than the rest of india.

F. There are different set of property laws , succession laws , marriage laws , etc for people of different religions.

G. Judges committing crimes against women , indulging in corruption, etc can not be legally prosecuted & punished.

H. Even after 74 years of independence , still dalits , tribal people are suffering & backward.

I. Police & other law enforcement agencies use 3rd degree torture against people suspected of petty crimes , whereas they don’t use 3rd degree torture against their own corrupt colleagues , Judges who aid underworld dons , big criminals earning bribe money to the tune of lakhs , crores of rupees. In many cases of Police corruption , judicial corruption even legal prosecution is not at all done.

J. Whole MUSLIM community is painted as a terror & suspected world over. They don’t easily get jobs , rented houses , loans , etc everybody suspects them. True most of the terrorists come from muslim community , however there are also common folk like us in the muslim community who yearn for a honest , simple living. There are good people in all communities as there are bad people.

K. Anti Terror Laws like TADA , AFSPA , etc are used with impunity without reasoning even on old people , children and whoever questions the police , military for their actions. Ideally these laws should cover those aiding terrorists , anti nationals. However certain celebrities , police officials themselves who hobnob with terrorists , underworld and aid their terror activities are not covered by these terror laws.

L. Constitution of India has not authorized , given powers to anybody to use 3rd degree torture against suspects , it is illegal & inhuman. Police selectively use 3rd degree torture against suspects , innocents from poor , ordinary back grounds to extract false confessions. Whereas they don’t use 3rd degree torture against real time , big time rich & influential criminals instead they get many facilities in the jail.

M. Crime is a crime , whether big or small. There is discrimination in cell allotment , labour hours , provision of food , visitors facility between ordinary accused & rich accused persons , ordinary criminals and rich criminals within jail.

N. The police & Presiding Judge in the case are responsible for health , safety of persons both in their custody as well as safety of witnesses outside. Many persons are subjected to 3rd degree torture while in custody , some people have died in lock up and witnesses were threatened , murdered outside , but the respective police , judges are not legally prosecuted for murder charges.

O. The suspects who were acquitted of charges under anti terror laws & other criminal charges , who went through hell , whose family suffered , are not paid any compensation for wrongful detention by courts of law nor the police who were responsible for wrong detention are legally prosecuted for leveling false charges.

P. Tribal people who are inhabitants of forest , who are living in harmony with ecology , protecting forests since centuries are evicted by authorities in the name of protecting forests. Same authorities give vast tracts of forest land on platter to big multinational corporations , who in turn destroy ecology , environment.

Q. Dalits , backward class people when construct small temporary hutments on government land , those hutments are immediately razed down , dalits evicted by police , authorities. When rich crooks illegally encroach vast tracts of government lands , lakes , canals , build huge townships , business complexes earning crores of rupees , no action to raze down illegal buildings , evict encroachers is taken by police , authorities. Sadly , government is in process of enacting laws to legalize those illegal structures belonging to rich crooks.

R. Government of india to fight the proxy war of cunning , coward external enemies is indulging in the same cowardly tactics of aiding & abetting terrorism , by the way killing many innocent civilians. Instead GOI must give a befitting military reply to enemy.

S. GOI is responsible for creation , funding , training of SALWA JUDUM , to counter naxalism in india. GOI is responsible for creation , funding , training of counter terrorist out fits in north east india , jammu Kashmir , Pakistan and responsible for creation , funding , training of LTTE , Tamil terrorist outfits in srilanka. GOI poked it’s nose in the internal affairs of east Pakistan which led to creation of separate nation Bangladesh. All these led to loss of thousands of innocent lives , GOI didn’t bother to compensate them.

T. In india , we have many unattended domestic problems , half of our population is barely sustaining on a single piece meal a day. GOI instead of properly using the precious tax payer’s money to solve domestic problems , squandering them on funding terror outfits. No legal prosecution of GOI Ministers responsible for these terror acts taken till date.

U. Actions were taken with impunity against sikh terrorists but in the same way actions were not taken against those responsible for sikh massacre in delhi , else where.

V. Actions were taken with impunity against terrorists responsible for burning of Sabarmati express train were taken , but in the same way actions were not taken against those responsible for Godhra riots in Gujarath.

W. Actions were taken with impunity against terrorists responsible for Bombay bomb blasts were taken , but in the same way actions were not taken against those responsible for Bombay riots afterwards.

X. Many industrialists are contributing money to criminals , but no action by GOI to stop it taken till date.

Y. Government of Pakistan , china are aiding terrorists , separatists , Maoists in india. Government of USA is also indirectly aiding terrorists , separatists , Maoists in india through Pakistan.

Z. Whoever raises his voice against the illegalities of authorities are silenced in many ways by authorities. He will be fitted in fake cases , his livelihood snatched away , courts with weird interpretations of law will punish him , slap contempt charges on him sending him to jail. If he is spilling out more TRUTH he will be neutralized , murdered by intelligence agencies with the aid of criminals. Many whistle blowers , RTI Activists , Journalists , Human Rights Activists , Crusaders have died mysteriously this way. No compensation to victims , no legal prosecution of authorities responsible for it till date.

2. Question(s) of Law:

Are all Indian citizens really equal ? Are police , judges , ministers above law ?

3. Grounds:

Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in functioning of police & Judiciary .

4. Averment:

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES , POLICE , PUBLIC SERVANTS responsible for above mentioned injustices.

PRAYER:

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

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request the honourable supreme court of india to enforce uniform civil code for all Indian citizens.

(iii) Hereby , I do request the honourable supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.

(iv) Hereby , I do request the honourable supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.

(v) Hereby , I do request the honourable supreme court of india to annul legal immunity privileges given to judges of india and make the judges accountable for all their actions.

(vi) Hereby , I do request the honourable supreme court of india to annul Article 370 of our constitution giving special status to jammu Kashmir state and also annul laws giving special status to north eastern states of india.

(vii) Hereby , I do request the honourable supreme court of india to initiate legal prosecution of police , law enforcement officials , judges responsible for 3rd degree torture of innocents , lock-up deaths , fake encounters and to pay compensation to victims and to recover money from personal properties of those guilty police , judges.

(viii) Hereby , I do request the honourable supreme court of india to order the jail authorities to stop classification of prisoners and to stop discrimination of prisoners.

(ix) Hereby , I do request the honourable supreme court of india to order police & presiding judge of a case to ensure protection of life of accused , witnesses in the case , complainant of the case.

(x) Hereby , I do request the honourable supreme court of india to order GOI & state governments to give reservation , other facilities to dalits , backward class people in turn. Then facilities will be available to wide section of dalits instead of a creamy , affluent dalit family repeatedly getting benefits for generations , while hundreds of dalit families don’t get benefit even once in their life time.

(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to protect the forest rights of tribals over the forest they dwell in. To legally prosecute illegal encroachers of forest , rich crooks.

(xii) Hereby , I do request the honourable supreme court of india to annul the land acts enacted by various state governments which goes on to legalize illegal encroachment of government lands , lakes , canals , etc by rich crooks. To legally prosecute the illegal encroachers , rich crooks.

(x) Hereby , I do request the honourable supreme court of india to legally prosecute ministers , public servants of GOI & state governments who aided, abetted terrorism , who created SALWA JUDUM , who aided tamil terror outfits in srilanka , who created counter terror outfits in NEFA , J&K , Pakistan , who aided Bangladeshi separatists. To pay compensation to victims of those terrorism and to recover money from properties of guilty ministers , guilty public servants.

(xi) Hereby , I do request the honourble supreme court of india to order GOI & state governments to take impartial action against all the criminals responsible for terror acts , riots , bomb blasts irrespective of which party they belong to or which community they belong to or if he is a celebrity or ordinary person.

(xii) Hereby , I do request the honourble supreme court of india to order GOI to give a befitting military reply to enemies , crush the intruders , terrosists , naxalites but not to indulge in cowardly proxy war which kills innocent civilians.

(xiii) Hereby , I do request the honourble supreme court of india to order GOI & state governments to pay compensation to victims who were wrongly detained , jailed by police , authorities under anti terror laws , criminal laws. To recover money from properties , salary , pension of guilty police & judges.

(xiv) Hereby , I do request the honourble supreme court of india to order RBI , GOI & state governments to rigorously monitor transactions of commercial firms , industries for black money transactions and to keep a tab on auditors , company secretaries who aid those criminals. To make public details of guilty industrialists , to legally prosecute them and to recover money siphoned off from them.

(xv) Hereby , I do request the honourble supreme court of india to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case to remove inequalities prevailing in our law , in law enforcement & in our society as mentioned above. By which, causes of origin for naxalism , terrorism can be erased.

(xvi) Hereby , I do request the honourble supreme court of india to declare Pakistan , china & USA as terror states and order GOI to deal accordingly with those nations and to make an appeal to UNITED NATIONS , INTERNATIONAL COURT OF JUSTICE to take action against Pakistan , china & USA for their terror crimes in india.

(xvii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Date : 03.10.2021………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India…………………………………… Petitioner in person

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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Monday, September 20, 2021

Encounter Killings illegal

Dalit Online

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.17....Issue. 39...........26/09/2021

Police Encounters: What Makes Indian Society Celebrate ‘Instant Justice’?

The Indian state has given itself one of the most ornate constitutions in the world, but we have no faith in it.

By DR NC ASTHANA

In the wake of the rape-cum-murder of a six-year-old girl in Saidabad area of Hyderabad, Telangana Labour Minister, Malla Reddy, claimed on video, “We will definitely nab the accused and will kill him in an encounter. There is no question of leaving him.” Malkajgiri MP and Telangana Pradesh Congress Committee (TPCC) president Revanth Reddy is also reported to have made a similar remark on the ‘encounter’ of the rape accused. A similar demand was raised during several protests in the Saidabad and surrounding area, too.

The girl had been missing since September 9. On September 10, her body was found in the house of her neighbour, Pallakonda Raju. The autopsy report concluded that she had been raped and strangulated to death.

Two days later, a dead body was found lying on rail tracks within the limits of Ghanpur police station near Warangal. The police claimed that from the tattoos on the body, they believe it to be that of the accused and that it was a case of suspected suicide. By the time of writing this article, no information was available regarding the findings in the post mortem report of the deceased, and hence it’s impossible to reach any conclusions.

‘Instant Justice’ Cannot Prevail Over the ‘Rule of Law’

However, it’s well-known that our country is governed by the ‘Rule of Law’. As the Encyclopaedia Britannica defines it, it means that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one — including the most highly placed officials and the government itself — is above the law. In other words, there cannot be an arbitrary use of power.

While his anguish at the ghastly crime is understandable, the Minister should have remembered that his desire for ‘instant justice’ cannot prevail over the ‘Rule of Law’. Article 21 of the Constitution of India categorically states that no person shall be deprived of his life or personal liberty except according to procedure established by law, which includes a right to a fair trial.

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 ?

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.

Hyderabad Encounter: ‘Farewell’ to the Law & ‘RIP’ Constitution?

It needs no explanation that from what is commonly understood by the practice of police killing people in “encounters” is not a “procedure established by law”.

Therefore, the statements of the Minister and the TPCC president are deeply problematic and indicate a fundamental flaw in the way the body politic of this country expects justice to be delivered.

The State gets moral authority to deprive a citizen of his life only because it does so in compliance with the laws created for itself, whereas the criminal violates those very laws. The ‘Rule of Law’ cannot be buried under populist pressure. The State must abide by the law; it cannot be allowed to become a law unto itself.

The Supreme Court’s View on Encounters

In the PUCL case (2014), the Supreme Court categorically ruled that killings in police encounters affect the credibility of the rule of law and the administration of the criminal justice system. It issued 16-point guidelines to restore the faith of the people in the police force.

Earlier, in Prakash Kadam (2011), the Supreme Court had expressed its anguish on fake encounters and came down heavily on this inhuman practice. It held that in cases where a fake encounter was proved against policemen in a trial, they must be given a death sentence, treating it as the rarest of rare cases. Fake “encounters” are nothing but cold-blooded, brutal murders by persons who are supposed to uphold the law.

The Supreme Court also warned the policemen that they would not be excused for committing murder in the name of ‘encounter’ on the pretext that they were carrying out the orders of their superior officers or politicians, however high.

If a policeman is given an illegal order by any superior to do a fake ‘encounter’, it is his duty to refuse to carry out such an order, otherwise he will be charged for murder, and, if found guilty, sentenced to death. The “encounter” philosophy is a criminal philosophy, and all policemen must know this. Trigger- happy policemen who think they can kill people in the name of “encounter” and get away with it should know that the gallows await them.

How the Indian criminal law interprets encounter killing

by Nitesh Mahech and Yashika Sharma

Introduction

The increasing number of extrajudicial killings in India is atrocious. The major form is the encounters by police, military, or other security forces which challenge the Rule of Law in a civilized society. Extrajudicial killings manifest outlawed force through which the person is executed illegally. It is a gross human rights violation and the reflection of the apathetic criminal justice system in India. The recent infamous encounters of Vikas Dubey in Uttar Pradesh and the encounter of 4 accused in the Hyderabad gangrape case in 2019 in India put intense indignation over the functioning of police and the legitimacy of the use of force. Also, it puts a lack of faith in the present criminal justice system among people. The Supreme Court of India has instructed to set up an enquiry for both the cases.

This paper aims to analyze the present criminal aspect of encounter killings in India. It also attempts to find out the effective solutions for this menace of police encounters as every person has a right to fair, just and equal trial. Besides the use of force in most encounters are not just an act of self-defence, but rather an act of retaliation or bloodlust by trigger happy police officers with the connivance of the State.

When does it not amount to a criminal offence?

It must be noted that no law in India directly authorises encounters of criminals. The pertinent question that arises here is that in what circumstances a death in an encounter shall not constitute an offence in India. It shall be when:

1. firstly, if death is caused in the exercise of the right of private defence i.e., under Section-96 IPC (short for Indian Penal Code, 1860);

2. secondly, if death is caused under Section-100 IPC or exception-3 of Section-300 IPC; or

3. thirdly, if it is necessary to arrest the person accused of an offence punishable with death or imprisonment for life i.e., under Section-46 CrPC ( short for Code of Criminal Procedure, 1973) which authorises the police to use force, extending up to the causing of death, as the case may be.

Thus, the police officer have the right to injure or kill the criminal for the sole purpose of self-defence or maintaining peace and order. However, nothing must be done with any mala fide or dishonest motive or to settle personal benefit. And if the use of force cannot be justified and death falls outside the scope as per NHRC Guidelines 2010, then it shall be a crime and the police officer shall be guilty of culpable homicide under Section-299 IPC and disciplinary proceedings may be initiated by the concerned Police Department.

Increasing rate of encounter cases

With the above-mentioned provisions in our criminal justice system, there still have been many killings without the sanction of any judicial proceeding. An RTI inquiry revealed that the National Human Rights Commission of India (hereinafter referred to as NHRC) registered a total of 1782 fake encounter cases between the years 2000 and 2017. The state of Uttar Pradesh accounted for the highest number of fake encounter cases, almost 45.55% of the total cases registered and at least 122 alleged criminals were killed in more than 6,000 encounters between March 2017 to June 2020 in the State.

In this regard, NHRC laid down guidelines in 1997 that FIR shall be registered in case of encounter; conduct an immediate investigation on receiving information; grant compensation to the dependant of deceased; and refer the case to other fair investigation agency in case of the policemen belong to the same police station. However, in 2010, these guidelines were extended by including a magisterial enquiry under Section-176 CrPC in case of death within 3 months and mandatory reporting of all encounter deaths to the Commission within 48 hours of happening. A second report within 3 months must also be sent to the Commission under Section-190 CrPC which includes a post mortem report, findings of the magisterial enquiry, etc.

Gross violation of Indian Constitution and Principles

Encounter Killings violate the fundamental rights of criminals as every person has a right to life and liberty which can only be deprived following the procedure established by law under Article-21 of the Constitution. This right extends to all persons without exception, including a fair investigation and trial even if a person is accused of a heinous crime thereby safeguarding the equality before law under Article-14.

Also, an accused person has a fundamental right to have an advocate of his choice for defence under Article-22 which is also a statutory right under Section-303 CrPC. However, in fake encounters, the police assume the role of the judiciary without giving a proper chance to the accused to be heard at an appropriate judicial forum, hence violating the principle of Audi alteram partem. So, it is the responsibility of the police to follow the constitutional principles and uphold the Right to Life of every individual whether an innocent law-abiding citizen or a dreaded criminal.

Repeated condemnation by the Apex Court

The Supreme Court has repeatedly condemned extrajudicial killings of alleged criminals by police officers. In 1992, investigations into such killings in U.P. were entrusted by the Supreme Court in R.S. Sodhi v. State of U.P to the Central Bureau of Investigation to bring in credibility and independence to the process. In 2011, the Supreme Court in Prakash Kadam v. RamPrasad Vishwa Gupta said that when an extrajudicial execution is proved against policemen in a trial, they must be given the death sentence.

Even in 2012, the Supreme Court in Om Prakash v. State of Jharkhand, held that the extrajudicial killings are not legal under our criminal justice administration system and equated it to state-sponsored terrorism. The accused person must be put on trial for which it puts a duty on the police not to kill the person but to arrest him. However, it attracts the question of fleeing suspects for which the non-vital parts of the body should be the main target when there has been no injury to any policemen. The relevant example here is Rohtash Kumar v. State of Haryana dealt by the Supreme Court under which the encounter by the Haryana police was fake.

It often observed that police authorities protect their officers by not initiating proper proceedings against them as Section-197 CrPC requires the sanction of the competent authority for the same but in this regard, the Supreme Court in Parkash Singh v. State of Punjab clearly stated that no prior sanction is required where the act has been carried out for personal benefits.

Again in 2014, the Supreme Court in PUCL v. State of Maharashtra & Ors. reiterated that killings in the encounters by police affect the credibility of the rule of law and the administration of the criminal justice system. And in furtherance of the same, the Supreme Court also issued 16 point guidelines which include preserving pieces of evidence, registering FIR without any delay, video graphing the post-mortem, independent investigation, conducting a magisterial enquiry, and ensuring an expeditious conclusion of a trial.

Current International position

It must be noted that India has been heavily criticised for not ratifying the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) of 1987 despite being the World’s largest democracy. The main concern is the violation of rights and lack of transparency as overstepping on the function of the judiciary is fatal. Further, even Article-6 of The International Covenant on Civil and Political Rights, to which India is a party, states that “every human being has the inherent right to life and this right shall be protected by law. No one shall be arbitrarily deprived of his life.”

Conclusion

The judicial decision in Vineet Narain v. UOI in 1998 concerning an anti-corruption case sets a strong precedent as the Apex Court asserted its power to monitor investigations, appoint amicus curiae, and continuously hold investigative agencies accountable. The same approach can be followed in extrajudicial killings. Further, the National Police Commission, 1977-81 suggested that superintendence be defined in the law to exclude instructions that interfere with due process of law. Also, the Second Administrative Reforms Commission has recommended that political control be limited to promoting professional efficiency and ensuring that the police officer is acting under the law.

But apart from this, these encounter deaths raise many a question like what if those killed are innocents? What if it leads to abuse of power? What if these killings remove proof of some other influential people involved? To combat this growing trend, these killings need to be independently investigated free from police or political interference to fix culpability on the police officers and end the prevalent culture of impunity. Police reforms are also needed to sensitise them to function within four corners of the constitutional responsibility and the Rule of Law prevails above all.

Furthermore, the Supreme Court’s and the NHRC’s guidelines must be strictly adhered to and followed up by judicial authorities. In a broader perspective, there is a need for a complete overhaul of the criminal justice system to rebuild its lost credibility and fast track procedure. And lastly, the media should avoid labelling extrajudicial killings as heroic acts as it shakes the faith of people in our criminal justice system.

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 :

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Wednesday, September 15, 2021

Demolish Illegal Encroachments

Dalit Online

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.17....Issue. 38...........19/09/2021

Demolition of illegal religious structures:

The Mysuru District Administration and the Mysuru City Corporation’s (MCC) move to demolish over 93 identified illegal religious structures at public places including roads, junctions and parks has snowballed into a major controversy with leaders from all political parties taking objection to the move.

In August, State Chief Secretary P. Ravikumar had asked for a follow-up report on the pending demolition drive — based on the Supreme Court and High Court rulings — and the reasons behind the delay in implementing the order. Following the meeting, the District Administration and the MCC began the demolition drive and many roadside structures were razed in pre-dawn operations.

In the name of the Supreme Court order, many Temples have been razed. As per the Supreme Court guidelines, a review must be conducted before unauthorised religious structures are demolished. But here, the Mysuru authorities are not reviewing the structures and have outrightly demolished them,” MP Pratap Simha alleged.

“No other district has been asked to demolish Temples and why only Mysuru is being targeted? Have the authorities followed the Supreme Court ruling on saving lakes? How many lakes and water bodies have they saved while honouring Supreme Court judgements? Have you evicted encroachments on even one lake,” MLA G T Deve Gowda questioned.

PIL – Illegal Vehicle Parking more dangerous than Illegal Religious Buildings

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2021

IN THE MATTER OF

NAGARAJA . M.R

editor , DALIT ONLINE & DECCAN INQUIRER ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable District Magistrate 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:

Previous Order of the Honourable Supreme Court of India dated 2009 regarding eviction of illegal buildings on pedestrian paths.

Pedestrian paths are meant for movement of pedestrians and roads are meant for movement of vehicles. When vice versa happens accidents are imminent resulting in damages, death of pedestrians.

Even after 2009 Supreme Court order many illegal structures have come up on pedestrian paths, let alone eviction of pre 2009 illegal structures.

• Illegal Religious Buildings on foot paths are quite few. Main culprit is shopping complexes , Marriage halls , Paying Guest Complexes without in built parking space. Shoppers , guests park their vehicles on foot paths , adjacent road. Big shops encroach foot paths to display their items.

In residential localities house owners do gardening on foot paths in front of their houses. Residents don't do gardening within their sites. Residents spend lakhs of rupees to purchase cars , Vans but park their vehicles permanently on foot paths in front of their houses. They

don't build garage , parking space within their sites.

In many places Nandini milk booths , bus shelters, fast food joints are built on foot paths.

All the above illegal encroachments are result of dereliction of duties by revenue department and Police department officials.

As a result of above foot path encroachments pedestrians are forced to walk on roads leading to accidents.

2. Question(s) of Law:

Is illegal gardening on foot paths by building owners right ? Is parking of vehicles on foot paths in front of shopping complexes rights ? Is parking of vehicles on foot paths in front of houses right ? Is construction of milk booths , bus shelters , fast food joints on foot path right ?

As road accidents are result of dereliction of Duties by government officials , both state and central governments are bound to pay damages , medical treatment to victims of road accidents.

3. Grounds:

Requests for equitable justice , Criminal Prosecution of concerned revenue officials and police officials .

As road accidents are result of dereliction of Duties by government officials , both state and central governments are bound to pay damages , medical treatment to victims of road accidents.

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 above cases to perform their duties & to punish guilty officials.

As road accidents are result of dereliction of Duties by government officials , both state and central governments are bound to pay damages , medical treatment to victims of road accidents.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

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

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants & to criminally prosecute , punish guilty officials , to order Government of Karnataka authorities in the above cases to perform their duties & to answer the questions.

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. As road accidents are result of dereliction of Duties by government officials , both state and central governments are bound to pay damages , medical treatment to victims of road accidents.

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

Dated : 15.09.2021 ………………… .FILED BY: NAGARAJA.M.R.

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

Ex Minister bares Land Mafia in Assembly

Our law courts . While dealing with cases of land disputes considers reports of revenue officials , sub registrars as sacro sanct , impeccable evidence. Sad fact is corrupt officials prepare favourable government reports , documents for a price. Just look at ACB raids history how revenue officials have amassed crores of wealth in following article. Law courts instead of applying it's mind , gives judgements based on those technically legal ( in practice illegal ) government reports , documents.

View :

https://youtu.be/2Hdxp0rAjrM

Hope Wisdom will dawn on our Judges.

ACB raids MUDA AE's residence

https://www.newskarnataka.com/mysore/acb-raids-muda-aes-residence-seizes-cash-and-valuables-worth-crores

Victims of Land Mafia

RTI Activist Shrinath

DD S P Mahantesh

MURDERS - BDA MUDA

https://www.scribd.com/document/492908148/BDA-MUDA-MURDERS

AKRAMA SAKRAMA & Corona COVID 19

- Are BDA , MUDA , Karnataka HC Judges favoring Land Mafia & Murdering Innocents ?

Recently karnataka chief minister stated his government will regularise illegal land encroachments to mobilise funds for fight against corona virus menace. It is a ruse. Nobody can justify a crime by paying penalty. If done , a day may not be far when a murderer will pay penalty & absolved of crime , etc. Government can explore other avenues for resource mobilization.

Hereby , we urge the Honourable Supreme court of india to annul moves by various state governments, authorities to regularise land encroachments , land crimes. To study the cases mentioned below and prosecute public servants who are aiding criminals. To instruct concerned public servants to publicly answer our RTI questions mentioned below.

Recently Karnataka high court gave clearance to Karnataka government’s regularization of illegal buildings ( AKRAMA SAKRAMA ) scheme.

1. Law is one & same for all.

2. Government authorities , police razes down , demolishes small temporary hutments built by tribals , dalits without mercy , takes suo motto action. No court comes to their rescue.

3. Till date bagar hukum lands are not given to dalits , tribals are not given land rights over their huts in forests. Is Cout blind , deaf ?

4. However when rich crooks build bungalows , commercial complexes illegally , no suo motto action taken by government authorizes , police , why ? Courts go a step further it gives stay orders against demolition of rich crook’s illegal buildings , asks government to modify plan , law itself to save illegal buildings of rich crooks.

5. Does Karnataka HC has details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves with respective after affects on neighbouring buildings , road traffic , ecology , etc and contingency plan by authorities to overcome those after affects casewise backed by technical studies. Make it public.

6. What criminal action initiated against revenue , police & other officials who failed in their duties at the first instance to stop the illegal building construction.

7. Small houses of poor people who have smaller building violations but who failed to bribe officials were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them as the court is now saying they are legal now.

8. Government & HC has given a cut off date for consideration of regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal after that date ?

9. What guarantee HC gives no illegal buildings has come up after cut off date and will never come in future ?

10. If comes what criminal action against the concerned officials ?

11. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ?

12. If not , why ?

13. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

14. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

15. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ?

16. Is this scheme applicable for only chosen few ?

17. Does this scheme also benefit rich people above BPL ?

18. Does this scheme also benefit big land developers , land developing companies ?

19. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ?

20. Does not hiding information about land crimes , in itself also a crime ?

21. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

22. Does not hiding a land crime , embolden land grabber to commit more land crimes ?

23. What action taken against BDA , MUDA & Revenue department officials who are covering crores worth land scams inspite of my repeated appeals & RTI Requests ?

Bottomline : Judges open your eyes , listen , think & then act.

Judges Murder Innocents

In the recent past , in bangalore city & other parts of karnataka incessant rains played havoc on civilians. Due land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

There are many statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

Authorities enacted lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

In the same way , Authorities enacted Raaja Kaluve / tributaries encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

A Karnataka High Court Judge was shame less in his act to favor the rich. That judge was not moved , sympathetic when small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t authorities divert Raaja Kaluve itself ?

Wise Judge Sir , one has to buy pant , shirt according to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside civic / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister, those lake encroachments , Raaja Kaluve encroachments must be removed & guilty severely punished.

Authorities & few judges are hand in glove with land mafia and are not acting against rich , powerful violators. Since years we are requesting for information under RTI about land grabbings from MUDA , MCC , BBMNP . BDA , KIADB no answer ? Appealed to courts , no use. Years back , when we questioned a Judge / District Magistrate about hebbal lake encroachment , he threatened me personally over phone. The recent move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely action was taken by SCI Judges & Karnataka HC Judges these losses could have been averted. Due to this unholy nexus , negligence of duties even by judges resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

Who will bell the cat.

Your’s ,

Nagaraja Mysuru Raghupathi.

CBI RTI Srinath Murder

https://sites.google.com/site/eclarionofdalit/cbi---rti-srinath-muder

HC Judges Favoring Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia ,

Why NOT Demolish Illegal Bungalows of Ministers

https://sites.google.com/site/sosevoiceforjustice/why-not-demolish-illegal-bungalows-of-ministers ,

Judges Murder RTI

https://sites.google.com/site/sosevoiceforjustice/judges-murder-rti

BEML Housing Society - RTI Murders

https://sites.google.com/site/eclarionofdalit/beml-rti-murders

RTI & Land Golmaal

https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka

PIL – Land Mafia

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2021

IN THE MATTER OF

NAGARAJA . M.R

editor , DALIT ONLINE & DECCAN INQUIRER ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Judges Murder Innocents

Who will bell the cat.

Specifically in Karnataka Rich & Influential people have illegally encroached Lakes , Public grazing fields , Temple Lands , Raaja Kaluve / feeder canals , etc. Concerned public servants are not doing their duties and encroachment continues since years. Even appeals to Law Courts of Justice by way of PILs have not yielded any results. Even criminal nexus with help of government has gone a step further to legalize their crimes of land grabbing in the name of “AKRAMA SAKRAMA”. Courts are deaf , dumb & blind.

These crimes can continue since years only with connivance of judges , public servants. Throughout this petition term “Judge” includes even quasi judicial officers like Revenue Inspector , Assistant Commissioner , District Magistrate , etc apart from Law Court Judges. Due to these illegal land encroachments , road accidents are taking place , buildings are falling down , rain water is gushing into houses and killing people. For all the recent deaths due to rains in Bengaluru & other parts of Karnataka JUDGEs are solely responsible. For all these JUDGEs are responsible.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

3. Grounds:

Requests for equitable justice , Criminal Prosecution of Judges , master minds of land grabbing ,frauds.

4. Averment:

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to punish guilty judges.

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 & to criminally prosecute , punish guilty judges , to order Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb ,

Dated : 05.09.2021 ………………… .FILED BY: NAGARAJA.M.R.

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

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005

( SEE RULE 22 OF RTI ACT 2005 )

RTI First Appeal Before :

Sri.Dr.Sindhe Bhimsen Rao . H ,

RTI Appellate Authority ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

Main A :

1. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ?

2. If not , why ?

3. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

4. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

5. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ?

6. Is this scheme applicable for only chosen few ?

7. Does this scheme also benefit rich people above BPL ?

8. Does this scheme also benefit big land developers , land developing companies ?

9. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ?

10. Does not hiding information about land crimes , in itself also a crime ?

11. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

12. https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,

13. https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

14. Does not hiding a land crime , embolden land grabber to commit more land crimes ?

Main B : RTI QUESTIONS Mysore DC , COMMISSIONER OF MUDA ( MYSORE URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC ( MYSORE CITY CORPORATION ) ARE AFRAID TO ANSWER

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ?

violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /

GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out

advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under

& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /

GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's

comprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

Main C : RTI – QUESTIONS COMMISSIONER OF BANGALORE DEVELOPMENT AUTHORITY ( BDA ) , COMMISSIONER , BRIHATH BANGALORE MAHANAGARA PALIKE ( BBMP ) & CHAIRMAN , KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ( KIADB) ARE AFRAID TO ANSWER

1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has revised / modified the Bangalore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by BDA / BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in bangalore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP / KIADB / GOVERNMENT?

8. how many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the BDA / BBMNP / KIADB / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized , regularized such illegal occupation just through BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in bangalore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by BDA / BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

14. has the BDA / BBMNP / KIADB / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action BDA / BBMNP / KIADB / GOVERNMENT has initiated against real estate firms & housing societies who have violated BDA / BBMNP / KIADB / GOVERNMENT norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by BDA / BBMNP / KIADB / GOVERNMENT. When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by BDA / BBMNP / KIADB / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by BDA / BBMNP / KIADB / GOVERNMENT? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated BDA / BBMNP / KIADB / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On BDA / BBMNP / KIADB / GOVERNMENT sites building temporary huts , BDA / BBMNP / KIADB / GOVERNMENT with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy BDA / BBMNP / KIADB / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , BDA / BBMNP / KIADB / GOVERNMENT or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by BDA / BBMNP / KIADB / GOVERNMENT?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the BDA / BBMNP / KIADB / GOVERNMENT arecovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the BDA / BBMNP / KIADB / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the BDA / BBMNP / KIADB / GOVERNMENT giving market value to land loosers ?

27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP / KIADB / GOVERNMENT or other land developers ?

31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around bangalore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by BDA / BBMNP / KIADB / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around bangalore city , in how many areas developed by BDA / BBMNP / KIADB / GOVERNMENT & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by BDA / BBMNP / KIADB / GOVERNMENT & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the BDA / BBMNP / KIADB / GOVERNMENT is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ?

40. has the BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT's industrial area development plan ? violations how many ?

42. is the BDA / BBMNP / KIADB / GOVERNMENT revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by BDA / BBMNP / KIADB / GOVERNMENT, on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some BDA / BBMNP / KIADB / GOVERNMENT officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

57. why BDA didn't file police complaint to evict encroachers?

58. why BDA didn't inform the descendents of original allottee about the cancellation of their allotment ?

59.what happened to the money deposited by original allottee?

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?

61. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ?

62. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann't be found ie lost . is it legal ?

63. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE.

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1994-2014 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

1 . CPIO , MINISTRY OF REVENUE , GOVERNMENT OF KARNATAKA , VIDHANA SOUDHA , BANGALORE

2. Principal Secretary , Revenue Department , Government of Karnataka , Room No.505 , 5th floor , MS Building , 3rd Gate , Bangalore - 560001

FEES PAID : IPO 22F 282812 for Rupees ten only

DATE : 21.06.2014 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

Save Hebbal Lake Save BEML Quarters Lake Mysuru

An Appeal to Honourable Supreme Court of India

In the past , Mysore Maharaja & other philanthropists have donated their personal lands , properties , built many lakes & ponds in mysore , bangalore and other places with public concern , public wellbeing in their mind . They built these lakes & ponds in addition to preserving the natural lakes & ponds. They knew about the importance of ecological balance & environment. The present rulers , IAS & KAS babus have even failed to preserve the lakes & ponds built decades ago , let alone build one. These Public servants have extended their tacit support to building mafia , to kill these lakes & ponds , to fill those lakes with industrial effluents , sewage & building mud wastes. After killing those lakes & ponds , the building mafia encroaches on it & usurps that public property in turn selling it for crores of rupees.

In this way , Hootagalli lake was killed & encroached by Kaynes Hotel ( now silent shores hotel) , Hebbal Lake is being killed & encroached from all sides by industries and the lake infront of BEML Quarters is being killed & land demarcation for selling those land has already begun.

The public servants were totally indifferent towards public outcry against this . The IAS & KAS babus who are also magistrates with judicial authority have failed in preserving these lakes & ponds inspite of appeals to them. These death of lakes resulting in their encroachments could have been prevented earlier by DC , Tahsildar , MUDA Commissioner & KIADB Officers. Even I have appealed to them through my web news paper , they didn’t take action at all. I have made RTI request to those authorities to give me information regarding status of those lakes years ago , fearing truth will come out they didn’t answer my questions in full , they only gave half truths. When I persisted with my RTI request the Mysore District Magistrate at that time Mr. P.Manivannan repeatedly called me over phone , abused me & threatened me . Even threats were made by some policemen in mufti . Finally that lake land was allotted to a person supposed to be close to the Industries minister at that time. The courts are dispassionate & inhuman , while passing eviction orders against poor people , the police are full of guts & show their full bravery , valour against these poor land encroachers. Fine , let us appreciate their duty consciousness . However rich & well connected criminals have illegally encroached upon public lands , the same courts and police are not taking appropriate action inspite of repeated appeals , why ? Even the Supreme Court of India & Police are Weak & Meek before Land Mafia. Don’t the same Judges & Police have Guts , Bravery , Duty Consciousness & Integrity to take action against such rich land grabbers ? The answer lies in the following articles. Once again we offer our conditional services to Supreme Court of India , to legally apprehend criminals while the respective public servants have failed to do the same.

Hereby , we request the honourable Supreme Court of India ,

1. To initiate criminal prosecution against Mysore district magistrate , Mysore taluk magistrate , MUDA Commissioner , Jurisdictional Police Officers & KIADB Officer , for making contempt of Supreme Court of India Order applying throughout india to preserve lakes & ponds.

2. To evict all encroachers forth with .

3. To immediately stop all flow of industrial effluents & sewage to these lakes & ponds.

4. To initiate criminal prosecution against encroachers of these lakes & pollters , killers of these lakes.

5. To preserve the said lakes & ponds , by recovering cost from encroachers , polluting industries and the co-conspirators Mysore DC , Mysore Tahsildar , MUDA Commissioner , KIADB Officer & Jurisdictional Police Officers.

6. To protect me , my family members & dependents from land mafia & co-conspirators of the crime.

7. To order , to issue Writ of Mandamus to Mysore District Magistrate , MUDA Commissioner & KIADB Officer to disclose all the information sought by me in my RTI request publicly. The copy of my RTI request is reproduced below.

Date : 05.09.2021 Your’s Sincerely,

Place : Mysore Nagaraja.M.R.

Edited , printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

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