Sunday, October 13, 2019

1

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.40........06  / 10 / 2019

RTI  Request  to Honourable Chief Justice  of  India , DGs of  Police  Maharashta , Gujarath & Rajasthan
RTI Request Ref  No: JUSTC/R/2019/52584
1. Why was Judge JT Utpat, Judge Loya’s predecessor in hearing the case, transferred from hearing the case despite a 2012 Supreme Court order specifying that the same judge should hear the matter from start to finish?
2. Were Bombay High Court Chief Justice Mohit Shah or the principal accused Amit Shah aware of any alleged inducements offered to Judge Loya to ensure a favourable judgment in the case?
3. Does Justice Mohit Shah deny the allegation by Judge Loya’s sister Anuradha Biyani, that he himself made an offer of Rs 100 crore in return for a favourable judgment?
4. Who made the arrangements for Judge Loya’s transportation to Dande Hospital on the night of his death, and why was this not in a vehicle from the government guest house or an ambulance?
5. Do Dande Hospital and/or Meditrina Hospital have records indicating what medication was provided to Judge Loya while in their care, and who was with him at the time?
6. What was the time of Judge Loya’s death according to the records of Meditrina Hospital and when do call records show this was intimated to Judge Loya’s family? Did the death occur at 6:15 am or before 5 am on 1 December 2014, or did it in fact occur before midnight?
7. In what circumstances can a person die of “coronary artery insufficiency”? Is it possible for a person in good physical health without any cardiac history or other markers of this condition, experience “coronary artery insufficiency” and lose their life
8. Why was a post-mortem report ordered into Judge Loya’s death when no panchnama or FIR was filed terming it a suspicious death, and why was Judge Loya’s family not informed about the performance of a post-mortem? Alternatively, were any reasons for performance of post-mortem report recorded, where were these recorded and who recorded them?
9. Who signed the post-mortem report pages as “maiyatacha chulatbhau” (ie paternal cousin brother of the deceased) when no relation of Judge Loya was present in Nagpur? Does the countersignatory, the senior police inspector of Sadar police station, recollect who this was?
10. What was Ishwar Baheti’s relationship with the deceased and on what basis was he coordinating the funeral arrangements for Judge Loya, including contacting the family? Why was Judge Loya’s phone returned to the family by Mr Baheti rather than the police? Alternatively, did the police ask Mr Baheti to return the phone to Judge Loya’s family?
11. Does Judge Loya’s family still have the allegedly bloodstained shirt worn by Judge Loya at the time of death which the post-mortem report claims was dry?
12. Is it true that the CBI was only given 15 minutes to argue against the discharge of Amit Shah in subsequent hearings of the case before Judge Loya’s successor in hearing the case, Judge Gosavi, as against three days for the defence lawyers?
13. Who made the decision to announce MS Dhoni’s retirement from test cricket on 30 December 2014? Was this decided by the player or the BCCI and did any external source suggest the specific date?
14. Sohrabuddin/Tulsirram Prajapati fake encounter case was transferred from Gujarat to CBI court, Mumbai by the Supreme Court in the year 2012, directing that same judge will preside over the trial from start to finish. Judge Utpat was designated as special CBI Judge in Mumbai. He allegedly reprimanded the accused for not appearing in his court and fixed the case for June 26, 2014. A day before, on June 25, 2014, he was abruptly transferred. Judge B.H. Loya was posted in his place. Judge Loya died in suspicious circumstances on November 30, 2014. Post that, shri Amit Shah has been since discharged and CBI refused to file an appeal against the order of the discharge.
15.      Sister of Judge Loya gave an interview to a media house on November 21, 2017, to allege that he was being offered a Rs 100-crore bribe plus residential flat/property in Mumbai for delivering a verdict in favour of the accused by a former chief justice.
16.       Judge Loya was stated to have died on account of heart attack. ECG and histopathology report of Judge Loya showed no evidence of heart attack. On the contrary, Dr R.K. Sharma, ex-head of Forensics & Toxicology at AIIMS stated that there was no evidence of heart attack and there was evidence of ‘possible trauma to the brain’.
17.      Judge Loya’s security was withdrawn on November 24, 2014 in Mumbai and he was not provided any security as he travelled from Mumbai to Nagpur, where he died on November 30, 2014.
18.     There is no travel record of Judge Loya travelling by train from Mumbai to Nagpur.
19.     There is no entry or record of Judge Loya having stayed in the occupancy register of Ravi Bhavan, Nagpur on November 30, 2014. Fifteen employees posted in Ravi Bhavan, Nagpur did not even recall that Judge Loya ever stayed in Ravi Bhavan.
20.      There was no reason for three judges to sleep in a room with only two beds when adjoining rooms were empty. Why did the 15 members of the staff then not know either about the stay or the heart attack? Why were no entries made in the occupancy register?
21.      Family of Judge Loya has publicaly stated that clothes on his dead body had blood stains, especially near the neck area.
22.    Post-mortem of Judge Loya was conducted on December 1, 2014 without information and consent of any immediate family members. There were discrepancies even in recording of Judge Loya’s name in post-mortem report.
23. Two of the other colleagues of Judge Loya, who were allegedly informed about the pressure being put on him, also died under suspicious circumstances. One associate, advocate Khandalkar’s body was found in district court, Nagpur after alleged fall from the eighth story on November 29, 2015. (November 28, 2015 was closed court work and he was missing for two days). Second associate, retired Judge Thombre died in suspicious circumstances while travelling in train from Nagpur to Bangalore on May 16, 2016. There is no FIR or an investigation in these deaths till date. One advocate Satish Uke, raising the issue narrowly escaped death when on July 8, 2016, heavy weight iron material of 5,000 kgs fell on his office.

24. What  action taken  against witnesses   in sohrabuddin fake encounter case , ishrath jahan  & tulsi ram prajapati fake encounter cases , haren pandya murder case  who  turned hostile after  years  ?

25. What  action taken  against   police officials   in sohrabuddin fake encounter case , ishrath jahan  & tulsi ram prajapati fake encounter cases , haren pandya murder case  who  turned hostile changed prosecution  after  years  and at the end  preferred not to appeal in higher court  ?


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Sunday, September 22, 2019

Judges Practice before Preaching

DALIT   ONLINE   –  e  News  Weekly
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Editor: Nagaraja.M.R.. Vol.15..Issue.39........29 / 09 / 2019

"Who Stands In Judgment Should Be Incorruptible": Court On Judge's Appeal
The judicial officer, Shrirang Yadavrao Waghmare, was appointed as a Judicial Magistrate in 1985. He was dismissed from service on 2004.
Updated : September 22, 2019 03:12 IST

Supreme Court said findings on the magistrate's conduct have been upheld by all courts (File)
New Delhi:
Falling for "gratification of lust" proved costly for a magistrate from Maharashtra, as the Supreme Court, unmoved by his pleas for leniency, upheld his dismissal from service citing "lacunae" in the purity of his character.
A bench comprising Justices Deepak Gupta and Aniruddha Bose said: "In our view the word 'gratification' does not only mean monetary gratification. Gratification can be of various types. It can be gratification of money, gratification of power, gratification of lust etc. In this case the officer decided the cases because of his proximate relationship with a lady lawyer and not because the law required him to do so."
The judicial officer, Shrirang Yadavrao Waghmare, was appointed as a Judicial Magistrate in 1985. In February 2001, he was put under suspension and dismissed from service in January 2004. He could not get any relief from the High Court.
The Supreme Court noted that the purpose of deciding this appeal, it is foremost necessary to take into account the core allegation against him. "The allegation was that he had a proximate relationship with a lady lawyer and due to this relationship he passed certain judicial orders in favour of her clients, including her mother and brother when they were parties to certain proceedings," observed the top court.
"His conduct is as such that no leniency can be shown and he cannot be visited with a lesser punishment," observed the court.
The court noted that these findings on the magistrate's conduct have been upheld by all courts and even the Supreme Court has not interfered with those findings.
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"A Judge is judged not only by his quality of judgments but also by the quality and purity of his character. Impeccable integrity should be reflected both in public and personal life of a judge. One who stands in judgments over others should be incorruptible. That is the high standard which is expected of judges", said the court.

Tale of 2 Judges
https://dalitsonline.blogspot.com/2019/08/tale-of-2-judges.html?m=1

Answer  Honorable CJI and  Karnataka  DGP
https://dalitsonline.blogspot.com/2018/12/answer-honourable-judges-and-police.html?m=0

Interrogate  Judges and Police
https://www.scribd.com/document/402134326/INTERROGATE-Judges-Police

Youth Ki Awaaz
Is Sanjeev Bhatt’s Sentence An Indication Of India’s Dying Justice System?
  Azaz Ahmad

 
On June 20, 2019, Gujarat’s former IPS officer Sanjeev Bhatt was sentenced to life imprisonment by a local court in a custodial death case, which goes back to 1990. Along with him a constable, too, was awarded the same sentence.
Sanjeev Bhatt is the same officer who had filed an affidavit in Supreme Court accusing Narendra Modi—the then Chief Minister of Gujarat—of “complicity in the 2002 riots”, which claimed the lives of over 1,200 people mostly Muslims, including women and children. The tragic riots were full of heinous crimes, one such being the gang rape of Bilkis Bano. The riots exposed how the entire government was involved in this state-sponsored ethnic cleansing of the Muslim community. But exposing their involvement has come with a cost for Bhatt.
Rakesh Asthana, another IPS officer from Gujarat, who was the police commissioner in Surat during Modi’s chief ministership, was appointed as a special director in CBI due to his long association with Modi. His appointment was controversial as he did not meet eligibility criteria, which was challenged in SC by an NGO. He was later moved out of CBI after being involved in a bribery case. Another example is DG Vanzara, the former inspector general who carried out the alleged fake encounter of Ishrat Jahan. He was subsequently acquitted by the blessings of the BJP government. Many officers have been punished for upholding their integrity—while those who compromised have been rewarded with promotions in the past many years.
Also read: Former IPS Officer Sanjiv Bhatt Sentenced To Life Imprisonment In 30 Year Old Case
Investigative journalist Rana Ayyub, published a book: “Gujarat Files: Anatomy of a Cover-Up,” exposing the complicity of the officers and BJP leaders including Amit Shah, in the Gujarat genocide. Rana Ayyub interviewed the masterminds of the Gujarat riots making videos of people talking proudly about killing Muslims and raping women.
All these are well documented facts, instances and indications which prove how the secular ethos of our democracy, and the justice system of India are being destroyed in broad daylight under the current regime.


Editorial : Match Fixing in Courts
An Appeal to Honorable Chief Justice of India
    Take the recent case of inordinate delay in  elevation of Judge Khureshi , Justice  K M Joseph or  transfers of Justice Tahilramani , Justice Jayanth Patel to name a few.  The SCI collegium and the powers that be in government  are afraid that  if specific honest judges are elevated or continued in present office , crimes by  vvips will come into open.  Therefore  both collegium and powers that  be connive to eliminate them and get favorable judgements from others.
  Honourable SCI judges must practice what they preach. Read the above articles and answer  the Questions.



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Wednesday, September 18, 2019

Advocate Framed to Silence

DALIT   ONLINE   –  e  News  Weekly
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Editor: Nagaraja.M.R.. Vol.15..Issue.38........21 / 09 / 2019

Surat Advocate Alleges Harassment for Taking up Cases Against Police Officials
Human rights lawyer Bilal Kagzi says attempts are being made to silence him for exposing the police's rampant abuse of the rule of law.

By  Baljeet Kaur

When one speaks to Bilal Kagzi, a Surat-based human rights lawyer, it quickly becomes clear that he is an ardent practitioner of the law. In the profession for the last 12 years, Kagzi refers to several sections of the Code of Criminal Procedure (CrPC) and case laws to illustrate the procedure the police is required to follow when registering an FIR and initiating investigations and arrests.
According to Kagzi, the police in the area has been abusing the rule of law rampantly, leading to sufferings of poor and marginalised. He claims that those who stand up for the victims are also being intimidated and harassed to keep them quiet. He himself has been facing intimidation for taking up cases against police officials, and attempts are being made to silence him.
At present, the advocate is representing several who have complained against officials at the Kosamba police station over the alleged misuse of power and corruption in an assault case involving a right to information activist. Kagzi has in the past represented members of marginalised communities and regularly supports victims of atrocities and those who have struggled while seeking justice under the SC/ST Atrocities Act.
In another case, he is representing a woman at the Police Complaints Authority regarding the implication of her son in a false case. He is also representing another client at the Gujarat State Human Rights Commission over illegal detention and custodial torture by the police.
The most recent incident of his false implication in a case occurred a month ago. Incidentally, he was not even present at the place and time of the incident.
On the morning of August 12, Kagzi was spending time with his family after having returned from morning namaz. It was the occasion of Eid-ul-Adha. He was home till 8:40 am, after which he went to visit his aunt who lives nearby. Later that day, he came to know about a scuffle in his colony triggered by an accident between two vehicles. It was well-known that the parties involved had a past feud, because of which the present incident escalated.
When that afternoon Kagzi contacted a policeman regarding a case he was working on, he was shocked to learn that he was going to be named in an FIR related to this incident. For the next several hours, he tried gathering information about the incident and the police action on the same. At around 9:30 pm – the FIR in the case was registered at 8:30 pm, 12 hours after the incident occurred – he visited Kosamba police station to inquire about the case but was told that there were orders not to reveal names of the accused and the charges filed.
“An FIR is a public document and various court rulings have adjudged that a copy has to be given to the accused, so I asked one of my junior lawyers to visit the police station and collect the FIR,” he said.
An FIR – being a public document – is also supposed to be uploaded online within 24 hours of filing. But this particular one was uploaded much later. As per the document, Kagzi is ‘accused no. 3,’ charged under various sections of the IPC, including attempt to murder.
This, however, is not the first time Kagzi has faced intimidation for performing his duties as a lawyer. Last year, he was threatened by a local goon with death threats, but police paid no attention to his pleas.
Earlier, in 2012, he and his clients were illegally detained and beaten up at the same Kosamba police station. They had come to register a complaint against a local goon for destroying a road of the village and blocking the way. Advocate Kagzi was reportedly threatened that he would be killed in a police encounter for “worrying too much about human rights”.
Talking about his recent cases, he shared, “There is a lot of abuse of power by the police. On one hand, they will not take action against the powerful even when they give death threats to others, and on the other, incidents involving small fights among poor will lead to arrests without bail and even torture in custody.”
When the land of Chimnipatal village in Surat’s Umarpada – reserved as grazing ground for the Adivasi community – was given to a private company called GETCO in March, the protesting people were beaten up and arrested. In total, 32 were charged under two FIRs. Based on them, 25 were arrested, including some women.
“Article 20 of the constitution clearly states that two FIRs can’t be registered on the same facts against the same accused as it will lead to double jeopardy,” Kagzi said. He represented some of those who were arrested based on the two FIRs.
He describes another incident – of a fight between two groups – which was investigated by the Kamraj police station in June 2018. In the case, 33 persons including ten women were charged. “Few men were caught and detained at the police station. All of their relatives and friends who were visiting the police station to enquire were also being detained and named in this FIR. Later, the women who visited to look for their husbands, brothers and sons were also booked in the same case.”
In this case, many were kept in illegal detention for 19 hours and beaten up in custody. During their appearance before the magistrate, they complained against the police officials. Later, a court enquiry found the allegations of torture in custody as legitimate and issued a notice against the involved policemen.
Kagzi further narrates, “The ordeal of these people did not end there. As soon as they were released on bail by the court, police detained them under Section 151 of the CrPC – preventive detention. They were released a day later and then put on the habitual offenders list.”
Coming back to the August incident, as soon as he got hold of the FIR, he collected evidence, including CCTV footage, and approached the police station. He submitted in writing to the superintendent of police and the investigation officer of the case, but did not get any response. “The police should have recorded my statement and taken cognisance of the evidence I presented to defend myself. After a fair investigation, when they would not have found any evidence against me, they should have filed a ‘B’ summary report regarding the wrongful information”. But nothing of this sort happened
CCTV footage shows Bilal Kagzi was at his home at the time of the incident.
Then, on August 19, Kagzi filed for an anticipatory bail in the Gujarat high court. He argued that the case had been filed over personal vengeance. An official even confided in Kagzi that police constables had, in fact, informed in their statement that he was not involved in the incident, but these statemen7ts were suppressed by police officers. The court then granted him anticipatory bail on August 27.
He has filed another mandamus writ petition in the Gujarat high court seeking directions for the police to conduct a fair and independent investigation. While this petition is pending, the police have still not taken the evidence he presented into consideration. “After my written submission, the police should have – as per law – collected CCTV footage in the presence of two panchas. Though I have a copy of the footage, the procedure requires the collection of the original footage by the police, which they are deliberately delaying. After 30 days, the original footage will get overwritten and will be lost,” Kagzi said.
Kagzi is not alone. Lawyers and human rights defenders like him are fighting against intimidation and harassment to ensure justice for the oppressed.

Editorial : Put Police behind bars
- An Appeal to Honorable Chief Justice of India
In the above case of  hum rights advocate / lawyer , police & district  administration  are hand in glove with criminals. Immediately order for an impartial inquiry into the matter , protect the advocate and legally prosecute responsible public servants.
Jai Hind. Vande  Mataram.

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Journalist SILENCED

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Editor: Nagaraja.M.R.. Vol.15..Issue.37........15 / 09 / 2019

India reporter fears for life after exposing corruption
Concerns raised over media freedom as Pawan Kumar Jaiswal, who exposed corruption in school meal scheme, faces arrest


NEWS /INDIA
India reporter fears for life after exposing corruption
Concerns raised over media freedom as Pawan Kumar Jaiswal, who exposed corruption in school meal scheme, faces arrest.
by Mohammad Ali

New Delhi, India - An Indian journalist says he and his family are living in fear after police filed criminal cases against him for exposing corruption in a school midday meal scheme in Uttar Pradesh state.
Police have filed four criminal cases against Pawan Kumar Jaiswal for filing a video report that showed a school in Mirzapur district serve children only "roti" (or Indian bread) with salt.
As part of the state-run midday meal scheme run across government schools in India, children are supposed to be served cooked food to fight malnutrition - a major problem in the country.
"The reality is that me and my family are living in fear. The district administration is behaving vindictively to save themselves and their role in the mismanagement of the midday meal scheme," Jaiswal, who is a reporter with Jansandesh Times, a local newspaper, told Al Jazeera.
The video report, showing children eating roti with salt without any vegetables and "daal" (or split pulse) at the Mirzapur school went viral last month, causing public outrage.
'Defaming the government'
In the cases filed by the authorities, they accuse Jaiswal of defaming the state government headed by the Hindu nationalist Bharatiya Janata Party (BJP).
The local officials accused Jaiswal and his source Rajkumar Pal under various sections of the Indian Penal Code including sections 120 B (criminal conspiracy), 186 (voluntarily obstructing public servants in discharge of his functions), 193 (false evidence) and 420 (cheating) on August 31.
"When Jaiswal and his source Rajkumar Pal who tipped him off, got to know that vegetable was not available in the school, instead of ensuring that the kids were served with vegetables, they criminally conspired to falsely defame the state government and recorded a video of students eating only roti and salt," says the police complaint, a copy of which is with Al Jazeera.
Jaiswal says he wanted to do his job by exposing the corruption in the midday meal scheme in the district. He said that the school had been serving kids rice, roti and salt for several weeks.
Despite finding Jaiswal's report true, the state government is yet to withdraw the complaint against him which means that he could be arrested at any time.
"I went to the school on August 22 when I found [out] that the school was serving rotis and rice with salt on different days. Seeing the kids eat just roti with salt melted my heart. I just wanted to ensure the kids are served nutritious food in midday meal as mandated by the law. So I reported it," Jaiswal told Al Jazeera telephonically from Mirzapur.
'Local journalists scared'
"All local journalists are extremely scared. We will certainly think 10 times before reporting," said Jaiswal, concerned about his safety as police have already arrested his source in the village.
The district magistrate of Mirzapur, Anurag Patel, justified the police action against Jaiswal, saying that he should not have recorded a video because he is a print journalist.
Despite repeated attempts, Al Jazeera could not reach BJP leaders for a response.
Journalists in Uttar Pradesh - India's most populous state - and in the capital New Delhi, however, have come to Jaiswal's support.
Dozens of local reporters in Mirzapur organised a "pen-down" protest on Tuesday over the police action which has come barely two months after a Delhi-based freelance journalist was picked up from his home by the Uttar Pradesh police.
Prashant Kanojia was arrested in June for criticising Uttar Pradesh Chief Minister Yogi Adityanath - a hard line Hindu monk known for his anti-Muslim stance. Kanojia was released after the intervention of the Supreme Court.
Press freedom in India has deteriorated since Prime Minister Narendra Modi came to power in 2014.
Attack on press freedom
Journalists in Indian-administered Kashmir, which has been placed under a crippling lockdown for a month, have complained of harassment by authorities.
Due to its crackdown on freedom of the press, India dropped down two places in the global press freedom index of Reporters sans Frontieres (RSF), a Paris-based independent media watchdog. India is ranked 140th out of 180 countries, placed below Myanmar and Afghanistan.
The Editors Guild of India, a prominent Indian body of editors, termed the move "a clear and classic case of shooting the messenger".
"It is precisely exposes like these that show how valuable free and fearless journalists are to a democratic society. It is shocking that instead of taking action to fix what is wrong on the ground, the government has filed criminal cases against the journalists," said a statement issued by the guild on September 2.
The New York-based Committee to Protect Journalists (CPJ) and RSF have condemned the state action against Jaiswal.


The CPJ called on authorities to "immediately cease pursuing charges" against Jaiswal.
"Exposing wrongdoing is not defamatory, but rather part of a reporter's job, and filing a case against him is a form of harassment and intimidation," said Aliya Iftikhar, a senior Asia researcher with the CPJ.
Scared of further persecution by the government, Jaiswal has released several videos on social media pleading that he is innocent.
"I have done no wrong. I did what a reporter is supposed to do," Jaiswal told Al Jazeera.
Editorial : Protect Journalists and Press Freedom
An Appeal to  Honorable Chief Justice of India
     Protect Journalists.

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An Indian journalist participates in a silent protest against the brutal killing of a senior Kashmiri journalist Shujaat Bukhari, portrait seen, in Kolkata, India, Friday, June 15, 2018. Bukhari and his two police bodyguards were fatally shot Thursday by assailants in Indian-controlled Kashmir. (AP Photo/Bikas Das)

A total of 81 journalists were killed this year, 348 are currently in prison, and 60 are being held hostage, according to the annual worldwide round-up of deadly violence and abusive treatment of journalists released Tuesday by Reporters Without Borders (RSF), which shows an unprecedented level of hostility towards media personnel.
The widely reported murders of Saudi columnist Jamal Khashoggi and the young Slovak data journalist Ján Kuciak highlighted the lengths to which press freedom’s enemies are prepared to go. More than half of the journalists killed in 2018 were deliberately targeted.
Violence against journalists has reached unprecedented levels this year, and the situation is now critical. The hatred of journalists that is voiced, and sometimes very openly proclaimed, by unscrupulous politicians, religious leaders and businessmen has tragic consequences on the ground, and has been reflected in this disturbing increase in violations against journalists.
RSF Secretary-General Christophe Deloire said.
Afghanistan: the world’s deadliest country for journalists in 2018
Afghanistan was the world’s deadliest country for journalists in 2018, with 15 killed. It was followed by Syria, with 11 killed, and Mexico, the deadliest country outside a conflict zone, with nine journalists murdered in 2018. The fatal shooting of five employees of the Capital Gazette newspaper in June brought the United States into the ranks of the deadliest countries.
China remains the world’s biggest jailer of journalists
The number of journalists detained worldwide at the end of the year – 348 – is up from 326 at this time last year. As in 2017, more than half of the world’s imprisoned journalists are being held in just five countries: China, Iran, Saudi Arabia, Egypt, and Turkey.
China remains the world’s biggest jailer of journalists with 60 currently held, of whom three quarters are non-professional journalists.
Reuters reporters jailed for investigating Rohingya massacre in Myanmar
Despite international protests, Kyaw Soe Oo and Wa Lone, two Burmese journalists employed by the Reuters news agency who have been held since December 2017, were sentenced to seven years in prison in Yangon on 3 September. They were convicted on a trumped-up charge of violating the Official Secrets Act in reprisal for investigating a massacre of Rohingya civilians by soldiers in the village of Inn Dinn, in the north of Rakhine state, in September 2017.
  Detained Reuters journalist Wa Lone is escorted by police while arriving for a court hearing in Yangon, Myanmar on Thursday. (Reuters photo)
The army had been forced to acknowledge the massacre and seven soldiers were given ten-year jail sentences for their role in the bloodshed. The sole evidence against the two reporters was the supposedly classified documents found in their possession at the time of their arrest. However, a police officer testified during a preliminary hearing that they had been lured to a meeting where they were given the documents and then immediately arrested. The journalists have appealed the decision.
Journalists also live in fear in India
Journalists also live in fear in India. Six were murdered this year and many others were the targets of murder attempts, physical attacks, and threats. Hate campaigns against journalists, including incitement to murder, are common on social networks and are fed by troll armies linked to the Hindu nationalist right.
India has emerged in the world’s five deadliest countries for journalists alongside a first-time entrant in the list – the United States.
Those who murder journalists often use extremely barbaric methods. A village chief in the northeastern Indian state of Bihar killed two journalists, Navin Nischal and Vijay Singh, in retaliation for their reporting by deliberately running them down with his SUV on 25 March. On the same day in the central state of Madhya Pradesh, a dump truck was used to run down and kill Sandeep Sharma, a journalist who had been investigating a local “sand mafia.”
Journalist killed in India
Achyutananda Sahu
Doordarshan | Killed in Chhattisgarh, India | October 30, 2018
Video journalist Achyutananda Sahu, who worked for the government-run broadcaster Doordarshan, was killed in Chhattisgarh on October 30, 2018, during a firefight between police and a Maoist militant group, according to news reports.
Chandan Tiwari
Aj Newspaper | Killed in Chatra, India | October 30, 2018
Chandan Tiwari, a local reporter with Hindi daily Aj in Jharkhand’s Chatra district, was abducted and badly beaten on October 29, 2018. Police said the reporter was found injured in a forest about 175 miles from Pathalgada, in Jharkhand.  He succumbed to his injuries the next day, according to NDTV.
Navin Nischal
Dainik Bhaskar | Killed in Arrah, India | March 25, 2018
Navin Nischal, a stringer for the Hindi-language daily, Dainik Bhaskar, was killed on the evening of March 25, 2018, after an SUV ran him over in the town of Arrah in India’s Bihar state.
Sandeep Sharma
News World | Killed in Ghazipur district, India | March 26, 2018
Sandeep Sharma, a reporter for the local News World television channel in Madhya Pradesh state’s Bhind district, was killed on March 26, 2018. He was driving on his motorbike to a government event when a truck veered into him and ran him over, according to the channel’s bureau chief, Vikas Purohit, who witnessed the collision, and a report by NDTV. Purohit told CPJ that he took Sharma to the local hospital where the journalist was declared dead from injuries sustained in the crash.
Shujaat Bukhari
Rising Kashmir | Killed in Srinagar city, India | June 14, 2018
Several unidentified gunmen fired at Shujaat Bukhari, 50, outside his office as he was leaving for an iftar party (the meal that breaks the Ramadan fast), according to media reports. He suffered injuries to the head and abdomen, according to a report on the Free Press Kashmir news website. Two police officers, who had been assigned to protect him after an attack in 2000, were also fired at, the reports said. All three were rushed to the Shri Maharaja Hari Singh hospital where they died, according to newsreports. The Rising Kashmir office is located in Srinagar city’s Press Colony, a high-security zone that houses other media organizations, according to a report in The Telegraph newspaper.
India has lost a fearless journalist who risked his life, every day, every hour and every minute.

Three journalists reported missing in 2018
The two journalists reported missing last year in Pakistan and Bangladesh are no longer missing, but RSF registered three new disappearances in 2018 — two of them in the Americas and one in Russia.
Jamal Khashoggi (Saudi Arabia)
Dissident Saudi journalist Jamal Khashoggi’s murder inside the Saudi consulate in Istanbul on 2 October sparked international outcry. Reported missing until the Saudi authorities acknowledged his murder, Khashoggi was strangled and then dismembered, according to Turkish authorities. The operation was reportedly carried out by a team that was dispatched from Saudi Arabia for this express purpose and left immediately afterwards. Living in self-imposed exile in the United States, Khashoggi had gone to the consulate to get the papers he needed to marry his Turkish fiancée. His shocking murder highlighted the appalling nature of the Saudi regime and Crown Prince Mohammed bin Salman’s oppressive methods. More than 160 NGOs asked the UN secretary-general to launch an independent international inquiry into Khashoggi’s death.
“Nobody dares to speak” said Saudi journalist Jamal Khashoggi before his forced disappearance

Yaser Murtaja and Ahmed Abu Hussein (Palestine)
Although clearly identified as a journalist, Yaser Murtaja, 30, was fatally shot by an Israeli army sniper on 6 April while covering one of a series of “Great Return March” demonstrations by Palestinians on the border between the Gaza Strip and Israel. Another Palestinian journalist, Ahmed Abu Hussein, 25, was fatally shot while covering a similar protest at the border two weeks later. Witnesses said he was in a calm area 700 metres from the border when he was brought down by a clearly deliberate shot.

Reporters Without Borders (RSF) is an international non-governmental, non-profit organization with a recognized public interest function that has consultative status with the United Nations, UNESCO, the Council of Europe, the International Organization of the Francophonie and the African Commission on Human and Peoples’ Rights. Headquartered in Paris, it has bureaux, sections or representatives in 17 cities (Berlin, Brussels, Geneva, Helsinki, Istanbul, Karachi, Kiev, London, Madrid, Mexico City, Rio de Janeiro, San Francisco, Stockholm, Taipei, Tunis, Vienna and Washington), correspondents in 130 countries and 15 local partner organizations.

Editorial: How many more journalists you want dead
- An Appeal to Honorable Chief Justice of India and Honorable  Chairman  National Human Rights Commission
    Immediately  order for impartial inquiries into cases of murders of journalists, assaults on journalists & threats to journalists. Legally prosecute and punish public servants who bury the cases.
    Jai Hind.
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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Contact  :  editor@dalitonline.in   , editor.dalitonline@gmail.com



Judge in Trouble

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.36........08 / 09 / 2019

Bihar Judge in trouble for questioning corruption in judiciary

Justice Rakesh Kumar, who is the senior most judge, said in his order on Wednesday, that corruption in High Court is (an) open secret. He also made scathing remarks on the prevailing situation in state judiciary and publicly pointed out corruption in lower courts.

The Patna High Court Chief Justice on Thursday issued a notice to withdraw all cases from a senior judge after he alleged corruption in judiciary while hearing a case against a former IAS officer.
According to a notice issued by the order of the Patna High Court Chief Justice, "all matters pending before Justice Rakesh Kumar, sitting singly including tired up/part heard or otherwise stand withdrawn with immediate effect".
"Justice Rakesh Kumar will await in chambers for work assignments until ordered otherwise" notice issued by the order of Chief Justice of Patnaa High Court said.
Justice Rakesh Kumar, who is the senior most judge, said in his order on Wednesday, that corruption in High Court is (an) open secret. He also made scathing remarks on the prevailing situation in state judiciary and publicly pointed out corruption in lower courts.
Justice Rakesh Kumar, while hearing the bail application of former IAS officer K. P. Ramiah, had questioned how he was granted bail by a lower court when the High Court as well as the Supreme Court had rejected his request for protection from arrest because of the gravity of the allegations.
Justice Kumar said a "corrupt officer" like Ramaiah secured bail as a vacation judge heard his case in place of the regular judge of the Vigilance Court, who was away for a day.
The judge also alleged that the full bench of the Patna High Court had taken a lenient view every time the case of any judge from the lower judiciary came up. "Despite my opposition, a judge facing serious charges was let off with minor punishment instead of an exemplary one," Justice Kumar had said in his order.
Justice Kumar also hit out at High Court judges for wasting public money by choosing to stay in guest houses for months on the pretext of renovating the government bungalows allotted to them.
Justice Kumar ordered that a copy of his Wednesday order be served to the Chief Justice of India, Prime Minister's office and Union Ministry of Law and Justice.
Ramiah is accused of embezzling over Rs. 5 crore from the Bihar Mahadalit Vikas Mission, a state government scheme for deprived and marginalised Dalits.



Madras High Court Acknowledges Corruption In Judiciary, Calls It The Greatest Threat To Constitution

In unprecedented remarks, the Madras High Court on Thursday (28 March) noted that even the judiciary was infested with corruption and that corrupt judicial officers and public servants should be declared “anti-nationals,” reports Times of India (TOI).
“They are anti-nationals because they are obstructing the development of this great nation. Terrorists are declared as anti-social elements. Thus, persons corrupt and acting against the developmental activities of our nation are also to be declared as anti-nationals. These anti-nationals do not care about the development of this country but are only interested in their self-development," Justice Subramaniam said.
Justice S M Subramaniam of the court noted that corruption in the judiciary was the “greatest enemy of the Constitution” and that it was imperative that wide-ranging reforms are initiated to reign in corruption in the courts.
"It is painful and unfortunate to state that sexual favours are demanded in lieu of bribe in educational institutions and public offices and what else can be worse than this in public administration," Justice Subramaniam added.
First Step
Recently President Ram Nath Kovind appointed former Supreme Court judge Justice Pinaki Chandra Ghose as India's first Lokpal. The Lokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for the establishment of a Lokpal (Ombudsman) to fight corruption in public offices and ensure accountability on the part of public officials, including the prime minister.

SC turns to CBI, police to curb graft in registry

https://www.google.com/amp/s/m.timesofindia.com/india/sc-to-depute-senior-officers-from-cbi-delhi-police-to-prevent-corruption-in-registry/amp_articleshow/70120691.cms  ,


FIR  against  High Court Judge  Shukla

Justice SN Shukla of the Allahabad High Court has become the first sitting high court judge to be prosecuted while in office in nearly three decades. Chief Justice of India Ranjan Gogoi has allowed the Central Bureau of Investigation (CBI) to lodge an FIR against Justice Shukla.
The case relates to medical admission scam. Justice Shukla is accused of favouring a private medical college by extending the deadline for admission of students in contravention of the existing rules.
Prosecution of judges of the high court and the Supreme Court were not allowed till July 1991 when the top court provided for lodging FIR against them in the landmark Veeraswamy case. Justice Veeraswamy of the Madras High Court had been booked in a case of corruption in 1976.
He challenged the government's decision saying that law gives immunity to judges of the appellate courts from prosecution. The matter reached Supreme Court, which in 1991 allowed prosecution of judges of the high court and the Supreme Court but only after getting nod for the same from the Chief Justice of India.
Justice Shukla's prosecution is the first such case since the 1991 Supreme Court judgment. The decision followed an elaborate process of investigation by an internal panel of the Supreme Court which found Justice Shukla guilty of misconduct and deliberately delivering erroneous judgment to benefit the private medical college.
This comes only a few days after Justice Shukla requested CJI Gogoi to restore judicial functions to his jurisdiction. CJI Gogoi had ordered to take away his judicial functions in January 2018. He had also recommended, in a letter to Prime Minister Narendra Modi last month, removal of Justice Shukla from his position.

Editorial : How many voices you will silence  CJI ?
      In the past , Justice Karnan was jailed for speaking truth – corruption in judiciary. Judge Prabhakar Gawli dismissed from service for acting against corrupt. Now Justice  Rakesh Kumar paying the price for speaking  truth.  Supreme court judges , high court judges instead of conducting  fair investigation, prosecution into the charges and upholding law / truth are aiding  corrupt, criminals by silencing voices seeking justice. .
     Hereby  , we urge Honourable Chief Justice of India to order an impartial  inquiry , to protect the constitutional duties of victimized judges.

Jai Hind. Vande Mataram.

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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Thursday, September 5, 2019

PIL - Enforce Torture

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.35........01 / 09 / 2019


PIL –   3rd  Degree Torture for Corrupt Police Corrupt Judges
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018


IN THE MATTER OF

NAGARAJA . M.R
editor  DALIT  ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner

Versus
Honourable Union Home Secretary , GOI

Honourable Chief Secretary , Government of Karnataka & Others
....Respondents

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

To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
 Only in a free & fair atmoshphere  without undue influence or pressure , a person can tell truth. Recently in many high profile cases  like Sohrabuddin fake encounter case  witnesses are  turning hostile , but courts are not taking action against the  responsible police. In few other cases , police  use  3rd degree torture methods  on suspects to fit them in the cases. Even when the  accused  appeals  to judge for his protection from 3rd degree torture by police  , judge   still remands him to police custody. Example Gauri  Lankesh case.

2. Question(s) of Law:
 Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ?  When police  or  others use  3rd degree torture  on  accused , witnesses , etc are NOT such Police &  Judge Punishable ?
If  Judges , Police , Advocates have accepted  3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner  to 3rd degree torture  about a crime / theft of hundred rupees , why not police who have  robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by  their colleagues? why not police torture former DGP for his involvement  in lottery scam ? Why not  police  torture their colleagues who have links , pass information to  Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit  truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture  Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of  stopping torture of poor prisoners. Prosecution of  corrupt  judges , police & jail personnel.

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

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
 a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , GOI , Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India  to  immediately annul  the Jail Manuals  of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India  to constitute an expert committee  to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India  to  initiate legal prosecution of jail personnel , police &  judges who failed in their duties to  ensure safety of prisoners , resulting in torture of prisoners and  for  prolonged imprisonment or   illegal  imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India  to order all state governments to ensure food , health care , recreational facilities , parole  on an equal footing  to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  for  suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  who spent years behind bars , finally acquitted by courts  and in the case of prisoners  who spent more years in jail than the  quantum of punishment  codified in IPC  due to prolonged  case trials. In both such cases afterwards state government must recover money from  respective presiding judges , investigation officer & government  legal prosecutor.
h. Hereby , I do request the honorable supreme court of India  to  order Government of Karnataka  to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty  police officials for attempt to murder charges. Also  to legally prosecute the presiding judge of the case who failed to  do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case  hostile witnesses have crossed 50 numbers. Either now they are under police  threat,  pressure &are lying  orelse   years back  they were  under police threat , pressure and lied previously. Either the present police are guilty  or the previous ones. Therefore honourable court must  first  prosecute  responsible police for criminal charges of  covering up crime, cheating & misleading the court , contempt of court. Also the  advocates  of case at that time who together with guilty police mislead the court must also be  prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only  power of ruling elite who always wins.

j. to order  state police , central  intelligence  to subject  the police officials , judges  also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.

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

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

Dated : 03rd July  2018 …………………. FILED BY: NAGARAJA.M.R.

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

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 ?


Scrap police torture: Amit Shah

The home minister said forensic evidence was the need of the hour for police investigators to clinch convictions



Shah proposed a paradigm shift in the approach to policing and called for a countrywide consultative process to make changes to the IPC and the CrPC(PTI file photo)

Union home minister Amit Shah on Wednesday stressed the need for police reforms and suggested that the force do away with the age-old third-degree torture and adopt more scientific and new methods of investigation to stay ahead of criminals.
Speaking at the 49th foundation day celebrations of the Bureau of Police Research and Development (BPRD), the home minister said: “This is not an era of third-degree (torture) and the police need to adopt scientific methods and (study) forensic evidence for investigation to nail criminals. Police must think four steps ahead of criminals and criminal-minded people.”
Advocating police reforms, Shah said the conviction ratio in criminal cases in the country was “very pitiful” and age-old policing techniques such as third-degree torture and phone tapping would no longer help curb crimes or secure convictions.
The home minister said forensic evidence was the need of the hour for police investigators to clinch convictions.
Shah drew a distinction between police reforms and reforms in policing, and urged the BPRD to take the lead in the latter.
Shah proposed a paradigm shift in the approach to policing and called for a countrywide consultative process to make changes to the IPC and the CrPC.
He announced that a police university and a forensic science university would be set up at the national level.


Physical Abuse, Electric Shocks and Torture: What a Supreme Court Ordered Study Found in Haryana Jails

The methods of torture stated in the report include verbal abuse and slapping, as well as more extreme methods such as giving electric shocks, water boarding, sleep deprivation, harm to sexual parts of the body.


Allegations of “degrading and inhuman treatment, including torture, during police remand” have surfaced in Haryana prisons in a Supreme Court-ordered report on prison conditions in India.
The report, Inside Haryana Prisons, was commissioned by the Haryana State Legal Services (HSLS) in compliance with a 2013 order passed by the apex court in ‘Re: Inhuman Conditions in 1382 Prisons’ and was prepared by the Commonwealth Human Rights Initiative (CHRI) after interviewing 475 prisoners across 19 prisons in the state.
“Out of 475 inmates that the CHRI team interacted with, 227 (47.78%) said that they had been subjected to degrading and inhuman treatment, including torture, during police remand. Inmate narratives and their testimonies of torture revealed to us details of the methods and techniques used by the police,” the report stated.
The methods of torture included verbal abuse and slapping, as well as more extreme methods such as giving electric shocks, water boarding, sleep deprivation, harm to sexual parts of the body, it added.
The report further observed that “Regrettably, some of these methods (beating the soles of the feet with a baton, water boarding, hanging upside down, and rolling baton on the thighs, giving electric shocks, etc.) don’t leave visible marks on the body, which makes it difficult for victims to prove it.”
One such case of torture was reported by Jasjeet*, who is currently under trial at the Ambala central jail. During the eight days of police custody, Jasjeet was subjected to “severe forms of physical abuse, which included being given electric shocks, repeatedly being beaten with a slipper on his head, and having water forced up his nostrils”.
News18 spoke to Abhishek Jorwal, Superintendent of Police, Ambala, who outrightly denied these allegations.
“There are quarterly and monthly inspections by a High Court-appointed judge; there are visits by the Chief Judicial Magistrate as well. Before the accused is sent to judicial custody, the local police submits a report to the District Magistrate, never has any inmate told them anything. Many inmates sneak in drugs and mobile phones into the prison. They even conduct organized crime from inside the prison. They could say anything they want,” he said.
The official, who has been in charge of the Crime Investigation Agency (CIA) unit of the state police since 2017, maintained that when the police interrogates the accused they do not treat them inhumanely. “We feed them, we take their utmost care. There is no form physical violence on the accused like one sees in the movies. But, we do take the interrogation of the accused seriously.”
“Criminals know all ways to escape the scrutiny of the judicial system. So, during police remand we have to put them through tough questioning and cross questioning,” he said.
However, Justice Pramod Goyal of the HSLS, who was closely involved in the making of the report, told News18 that while the allegations of torture have surfaced, it is difficult to validate them at the present stage.
“The allegations are not made with regards to the inmate’s confinement in prison. These allegations are prior to their coming to the prison. The police may say that these findings are beyond the scope of the study. The police may not be ready to give information with regards to CIA staff,” he said.
Prison Conditions and Facilities
The CHRI study was commissioned after the Punjab and Haryana High Court constituted a committee to prepare a framework covering eight key aspects of prisons. Some aspects, which do not meet national and international standards as laid down by the 1894 Haryana Jail Manual, have been highlighted in the report.
In terms of administration and infrastructure, eight of the 19 jails have prison populations well within their official capacity. Overcrowding ranges from 170 per cent in Rewari to 22.8 per cent in Panipat.
Most jails have also given less significance to aspects like health and well-being. While all prison hospitals are equipped with medical equipment, specialised doctors such as dentists, gynecologists, dermatologist, psychiatrists and psychologists remain absent.
The practice of medical examinations at admission into the prison is followed across all prisons in the state. However, “Since only a few prisons use the National Human Rights Commission’s ‘Proforma for Health Screening of Prisoners on Admission to Jail, the inmates complained that injuries resulting from alleged torture would never be documented in the said proformas,” the report noted.
A study into the mulaaqats or visitation hours of family members in prisons revealed that some prisoners are “unable to meet their families because Aadhar cards have been made mandatory as identification proof of visitors and people without these are not allowed.”
The report further posited a list of recommendations based on the findings of the study. Justice Pramod Goyal of the HSLS told News18 that they are in the process of adopting these and an Action Taken Audit has been put in place to initiate that.
“Higher authorities will surely take cognizance of this report. We will send this report to all stakeholders including the police. It will be done within a day or two. Every stakeholder or department will look into the report as per their jurisdiction. We are proposing the audit to ensure that every stakeholder has taken note of the report, has taken action on it and whether the action taken is sufficient,” he added.


PIL –   Compensate  Prisoners  illegally  detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF

NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others
....Respondents

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

To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
  Majority  of  prisoners  in  Indian  jails  belong  to   poor , minority , oppressed  sections of society and  2/3rd  of  prison  population  comprises of undertrials.  Are  not  there any criminals  among rich , affluent  and forward castes , majority community ?  It  proves the bias , prejudice  of  police , establishment. There are  good  , honest  people  as  well as criminals  in  all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament  , but due to their  caste , financial clout  escaping from conviction , legal prosecution.
    As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.
   As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.
   India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities - which in itself is illegal.
   Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.
  Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.
  Few   prisoners convicted by lower court due to bias of police , prosecutor  &  lower court judges are acquitted by higher courts.  However  due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for  years , decades. But the culprits  Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this  manner  even innocents are killed in fake encounters or  by death sentence.
  It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
 If  the Supreme Court of India ,  NHRC  delays  in acting on this PIL  petition  resulting in  prolonged  imprisonment of  undertrials , convicts or Innocents , Supreme Court of India  / NHRC  judges  also jointly become responsible for the  crimes against those  illegally imprisoned and  SCI judges are also equally responsible to pay compensation from their personal pockets.

2. Question(s) of Law:

Are  not all  prisoners  equal ?  is not  theft  of ten rupees  or theft of thousand crores of rupees , both crimes ?  Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty  of a judge  who has  awarded jail sentence to  an accused / a convict ,  to  ensure safety , health care of the said prosiner ? is it  not the duty of  the judge  to monitor whether  the convict is getting  right  punishment  as per law  nothing  less  nothing  more ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of  stopping torture of poor prisoners. Prosecution of  corrupt  judges , police & jail personnel.

4. Averment:
Prosecute  Sanjay  Dutt  under  TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada   ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan  ,

Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges   ,

Traitors  in  Judiciary &  Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police   ,

Crimes  by  Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST  Answer  Judges  Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

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


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


a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India  to  immediately annul  the Jail Manuals  of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India  to constitute an expert committee  to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India  to  initiate legal prosecution of jail personnel , police &  judges who failed in their duties to  ensure safety of prisoners , resulting in torture of prisoners and  for  prolonged imprisonment or   illegal  imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India  to order all state governments to ensure food , health care , recreational facilities , parole  on an equal footing  to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  for  suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  who spent years behind bars , finally acquitted by courts  and in the case of prisoners  who spent more years in jail than the  quantum of punishment  codified in IPC  due to prolonged  case trials. In both such cases afterwards state government must recover money from  respective presiding judges , investigation officer & government  legal prosecutor.

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

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

Dated : 01st July  2017 …………………. FILED BY: NAGARAJA.M.R.

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

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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Contact  :  editor@dalitonline.in   , editor.dalitonline@gmail.com

Sunday, August 25, 2019

Tale of 2 Judges

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.34........25 / 08 / 2019

Tale of  Two Judges
- An appeal to all  SCI Judges
Read the following cases of delhi judge  and CJI gogoi. Law is same for both , however note the difference in law enforcement. Note the difference in steps to find out truth, legal prosecution, enquiry. Is CJI gogoi above law , constitution of India???
A honest person doesn't have to cover up anything, whereas a person who has committed wrong  cover ups. This cover up act by gogoi itself proves he has committed wrong. Don't be party to his cover ups and  criminals yourselves.
Gold medallist did the right thing. Do we  commonners have true independence as enshrined in  the constitution. NO. Practically there are same  laws  but law enforcement will be different for different persons even for same type of crime.  Biggest Criminals are  within Judiciary & Police service. They are afraid even to answer following questions :

INTERROGATE   Judges  &  Police
https://dalit-online.blogspot.com/2019/03/interrogate-judges-and-police.html

Your's
Nagaraja Mysuru Raghupathi

Sexual Harassment of Junior by Judge

The Supreme Court, on Wednesday, dismissed a writ petition filed by a Judicial Officer of Delhi Higher Judicial Services, who is facing disciplinary proceedings alleging sexual harassment.
A Junior Judicial Assistant had filed a complaint against the judicial officer alleging sexual harassment at work place. When the matter reached the Full Court, the Judicial Officer was placed under suspension with immediate effect pending disciplinary proceeding contemplated against him. The judge approached the Apex court seeking to quash the proceedings of Internal Complaints Committee as well as Charge Sheet filed against him.
One of the contentions raised was that in view of Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act, there being an Inquiry Report by Internal Complaints Committee as envisaged by Sections 11 and 13, the High Court could not have taken a decision to initiate the inquiry or to suspend the judicial officer. The issues considered by the bench comprising Justice Ashok Bhushan and Justice Navin Sinha were:
1. Whether the High Court is a disciplinary authority of the petitioner, competent to initiate the disciplinary proceedings against the petitioner and suspend him as per Delhi Higher Judicial Service Rules, 1970 and All India Services (Discipline and Appeal) Rules, 1969?
2. Whether the decision of the Full Court on 13.07.2016 initiating enquiry against the petitioner and placing him under suspension was beyond jurisdiction?
3. Whether the Preliminary Inquiry Report submitted by Internal Complaints Committee dated 05.11.2016 ought to have been supplied to the petitioner and non-supply of such Preliminary Inquiry Report dated 05.11.2016 vitiated the entire proceedings?
Answering the first two issues, the bench observed that provisions of Sections 11 and 13 in no manner affect the control of the High Court under Article 235, which it has with respect to judicial officers as noted above.
"The power to suspend the judicial officer vests in the High Court. The Full Court of the High court is in no manner precluded from initiating disciplinary inquiry against the petitioner and placing the petitioner under suspension on being satisfied that sufficient material existed. The High Court in its meeting dated 19.07.2016 has resolved to send the complaint of the employee to the Internal Complaints Committee and the Internal Complaints Committee having opined that inquiry need to be held, further steps were taken in accordance with Act, 2013."
With regard to the third issue, the bench noted that under Section 11(1) in the second proviso, the only contemplation is to make available a copy of the findings. Thus, when the report in which there are no findings, parties are not entitled to have the copy, the bench said while dismissing the petition.

For justice’s sake, My Lord
By Urvashi Butalia


With its opaque handling of the sexual harassment case against the Chief Justice of India, the Supreme Court and its senior judges have not only failed the victim but also the larger public
As I write this, the Justice Ranjan Gogoi incident (where the Chief Justice of India was accused of sexual harassment by a junior member of his staff) has receded into the background. The media have given up reporting on it, the Committee has finished its secret work and has concluded that there was no substance in the complainant’s affidavit and things have, ostensibly, gone back to normal.
Except that they haven’t, really.
Somewhere out there is yet another woman who will carry a lifelong sense of injustice. She will join millions of others who carry a similar sense, but that fact will bring her no comfort. There will be no joy in knowing she is not alone. And we will have lost another chance to take that crucial next step towards understanding how to address this complex and confusing problem that confronts us today.
There’s no denying that the Supreme Court has long been seized of the seriousness of the issue of sexual harassment at the workplace. This is why the Court responded so positively to the Vishaka petition and acted to frame the Vishaka Guidelines many years ago. The idea was that the Guidelines would make up for the absence of a law, until such time as the government could frame the required law.
Both things happened, and neither would have happened had both actors not had the political will to make this change.
And yet, both actors, the government and the Supreme Court, reneged on their commitment to gender justice in the recent case. If one accused the complainant of cooking up a conspiracy to target the judiciary, the other supported the Supreme Court’s accusation, and this before anything had been proved. They closed ranks.
Neither thought of that crucial matter: The need for transparency in your own functioning, and scrutiny of your behaviour, especially if you are the lawmakers.
Over the years, because we are such a class- conscious society, we’ve come to accept that the police will flout the law as often as they will impose it, that lawyers too will betray their own profession. But judges? And at the Supreme Court level? Until recently, this seemed to be unthinkable.
You might say that judges, too, are fallible. Or that those who framed the Vishaka Guidelines are not the same people who occupy the Supreme Court today.
But surely this is not about individuals, it is about institutions, it is about institutional ethics and honesty, institutional accountability. If institutions fail their citizens, what then is left?
The Supreme Court and its judges in particular have earned considerable respect in recent times for often being, in increasingly difficult times, the citizen’s only recourse.
That is why it is so difficult to understand why the process was so opaque and seemingly so biased. No one knows how the judges arrived at their decision, no one knows why the complainant was not allowed to have a lawyer. No one understands why the advice of their own colleagues was not listened to.
Even if these were technicalities and the judges in question had stuck to the letter of the law, as interpreted by them, there are other issues at stake. There’s that old piece of wisdom, that justice must be done but it must also be seen to be done. This can’t happen if everything is so opaque.
Over the last few years, as a number of cases of sexual harassment at the workplace have come to the fore, and women victims have begun to speak out, the complexity of the issues we are confronted with have also come increasingly to light.
How to deal with something that happened years ago? How to deal with anonymous accusations? Whose jurisdiction is it if someone working with you is accused of sexual harassment that happened years ago? How to deal with cases that inhabit that liminal space between coercion and consent? How to deal with changing relationships? What about generational differences? How to deal with employers saying they will not employ women any more?
Everyone needs guidance in this — both guidance and understanding. We need roadmaps, we need knowledge. What we do not need is opacity. We need an understanding that the issue we are confronted with involves a hard look at power relations, at patriarchies, at human relationships and more.
This is what women’s groups drew attention to during the recent incident. Time and again they urged that the principles of justice and fairness be followed: Set up an impartial enquiry, give everyone a hearing, take evidence into account, make a judgement and be transparent. It’s only then that people will believe you. Only then the interests of justice will be served. Our Supreme Court and our senior judges — both men and women — have sadly failed us in this.
Can we be blamed for thinking they’re just protecting their own?

20 questions for SC panel that cleared CJI of sexual harassment charges: Why the bias, rush to decide and secrecy?


The Supreme Court's special in-house committee that investigated the sexual harassment accusations against Chief Justice of India (CJI) Ranjan Gogoi has given its verdict — it found “no substance” in the allegations and has exonerated him completely. The Supreme Court’s secretary general issued a terse note on the subject that has exploded into a major controversy, with criticism mounting in mainstream and social media. There were public protests against the judgment in Delhi and Bengaluru on Tuesday, with many more cities expected to organise them in the coming days.
The committee’s judgment and the authorities’ subsequent behaviour has thrown up several troubling questions:
1. It reportedly took the committee just four sittings to arrive at a conclusion. Why was it in such a hurry to render a judgment?
2. Why did the committee not try to correct the imbalance in power between the accuser and accused in this unique case, by laying out a transparent process and providing adequate legal and other support to the complainant, or appoint an amicus curiae?

Chief Justice of India Ranjan Gogoi. News18
3. After the complainant rejected and withdrew from the committee’s proceedings, why didn’t the judges negotiate with her about her demands — all of which were anyway standard legal protocols — rather than immediately proceed without her?
4. Besides just the complainant and the CJI, did the committee speak to other pertinent witnesses like the Secretary General of the Supreme Court, or the police Station House Officer, who the complainant alleges took her to the CJI’s residence to make her apologise to the latter’s wife (the complainant says she has submitted a video recording of her interaction to the SHO)?
5. According to Hindustan Times, “the three-member committee looked only into sexual harassment allegations and did not go into the merits of the disciplinary action taken by the Supreme Court against the complainant. The woman was dismissed in December 2018 and she has claimed this was part of the harassment she faced.” If true, doesn’t this indicate a very partial investigation of the complainant’s grievances?
6. Hindustan Times reports that it has also learnt “that the panel has said in its findings that before 19 April, when she wrote to 22 judgesof the court, the complainant did not raise the allegation of sexual harassment or victimisation despite having an opportunity to do so when she challenged the disciplinary action in December 2018”. If true, doesn’t this indicate the committee’s flawed and biased approach as it tries to shame the complainant about not complaining earlier — a classic ruse to discredit sexual harassment accusers?
7. The committee has decided to keep its report secret based on a 16-year-old precedent set in the 2003 Indira Jaising versus Supreme Court of India case. Thus, the complainant herself has been denied any knowledge of the committee’s reasoning in arriving at its conclusion. Is there any way of appealing against this cover of secrecy, especially now that we have the RTI Act?
8. In her letter to the committee on 7 May, the complainant pointed out that the “Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 in Section 13 provides that both parties have a right to receive a copy of the report”. Will the committee at least follow this basic tenet of natural justice and provide its report to both the accuser and accused instead of just one of them?
9. The committee’s report was submitted to the CJI and the next senior judge, Justice Arun Mishra. According to some media reports, Justice Mishra can decide whether to present the report to the full court, since the committee was itself set up by a full court’s approval. How can the public appeal to Justice Mishra on this front?
10. As lawyer Gautam Bhatia has argued, if the committee’s ‘informality’ insulated it from any requirement to follow existing laws on investigating sexual harassment complaints, then surely its conclusions should also be considered just as informal and disposable?
11. Can the complainant separately sue the Supreme Court as an institution for denying her the due process laid down in current law for sexual harassment complaints at the workplace as per the Prevention of Sexual Harassment Against Women at the Workplace Act and the Vishaka Guidelines (framed by the Supreme Court itself in 1997 to deal with workplace sexual harassment complaints)?
12. Do the Prevention of Sexual Harassment Against Women at the Workplace Act and the Vishaka Guidelines apply to the Supreme Court as a workplace? If not, then what law should specifically guide sexual harassment complaints from Supreme Court employees?
13. In her press release subsequent to the committee’s judgement on 6 May, the complainant stated, “I and my family members remain vulnerable to the ongoing reprisals and attack.” What can she do to protect herself from any subsequent attacks?
14. How will this affect the ongoing case of alleged fraud against the complainant (which she claims was fabricated as part of the vendetta against her), where the police is seeking cancellation of her bail?
15. The complainant’s press release on 6 May also said, “My accusation of sexual harassment at the workplace and the consequent relentless victimisation and reprisals against me and my family are substantiated by documents and are verifiable.” Will she now release these to the public?
16. On Tuesday, the police declared a curfew under Section 144 around the Supreme Court to prevent public protests against the committee’s report. The police also detained more than 50 protesters, lawyers, activists and media persons for around four hours to prevent their legal and peaceful protests. Does Indians’ constitutional right to protest not apply when it comes to the Supreme Court?
17. The media reported that the in-house committee was instituted since “no other disciplinary proceedings or procedures have been envisaged in the Constitution against sitting high court and Supreme Court judges”. And as pointed out by legal journalist Murali Krishnan, the Supreme Court has a long history of protecting judges against cases and even intimidating their accusers. Doesn’t this need to urgently change? Isn’t it time we established a clearer investigative and disciplinary mechanism against sitting judges?
18. On 19 April, the complainant couriered an account of her allegations against the CJI to all 22 SC judges in a notarised 28-page affidavit with 108 pages of annexures. A full court on the administrative side approved the in-house committee of three judges to inquire into the allegations against the CJI. And according to media reports, Justice DY Chandrachud recently wrote a letter to the three-judge committee, expressing not just his own but more than 17 Supreme Court judges’ reservations about the committee’s working, asking it not to proceed anymore with the ex parte probe. Other media reports claimed that Justice Chandrachud was speaking for himself, with the Times of Indiareporting that many brother judges were upset with him for writing such a letter. Given all this, will our Supreme Court judges finally push for an external inquiry, since only that will now restore Indians’ faith in their Supreme Court’s impartiality towards and moral authority over them?

19. Most experts seem to think that the complainants’ one clear legalrecourse left is to invoke the CJI’s impeachment, which will require a motion in Parliament sponsored by 100 Lok Sabha members or 50 Rajya Sabha members. Given that Finance Minister Arun Jaitley, and probably the BJP, has thrown his weight behind the CJI, what will the political Opposition do on this issue during election season when everyone is watching their moves?
20. If the Supreme Court doesn’t do anything more about the complainant’s allegations, how can it expect to have any moral authority in giving judgments on sexual harassment or freedom of speech?

Delhi  Police  Cover up Crimes by Judges

To,
Honourable Police  Commissioner
New Delhi.

Honourable  sir ,
Please give me information about following under RTI Act :
1. Details of action taken against SCI judges  Ranjan Gogoi,  swatantra kumar , Ganguly , Judges involved  in  roost resort sex scandal on charges of sexual  harassment against women. If not reasons for it. Please give me FIR number of each case.
2. List of  public servants  present and past  MPs , IAS & IPS officers, etc   with citizenship of foreign countries in addition to indian citizenship. Also give me list of public servants with spouses of foreign origin.
3. Details of action taken against SCI judge deepak mishra in medical college case , kalikho pul death statement. President of India  Pranab mukherjee was also accused by kalikho  pul. If not reasons for it.
4. Details of our present MPs , IAS & IPS officers facing criminal  charges .
5. Details of  action  taken regarding  charges made by CBI director Alok verma against his deputy Rakesh Asthana and vice versa. If not reasons for it.
6. Details of action taken against police who are aiding underworld don dawood ibrahim. If not reasons for it.
7. Details of action taken against reliance industries in relation to document leak in power , petroleum , coal  ministries. If not reasons for it.
8. Details of action taken against journalists,  lobbyists involved in Radia tape. If not reasons for it.
9. Does Smt.Sonia Gandhi & Shri.Rahul Gandhi have citizenship of foreign countries in addition to indian citizenship. Details please.
10. Does  delhi police use third degree torture against detainees.
11. Details of action taken against  public servants , ministers who aided terrorism at the expense of public exchequer. If not  reasons for it.

Please read documents at following web pages and answer :

https://www.scribd.com/document/402134326/INTERROGATE-Judges-Police , https://www.scribd.com/document/399783839/India-Sponsored-Terrorists , https://www.scribd.com/document/412164943/CJI-in-Jail ,



Thank you
Nagaraja Mysuru Raghupathi

Editorial : Contempt of Citizens  by Judges
-Who will  bell the cat ?

Our whole hearted  respect to whole judiciary,  honest few in judiciary,  we want to state  the following: Contempt of Court is used as a weapon by few judges to silence those seeking justice , equality.  While handling a case one  must look at  the issue raised not at the  social status of person raising it. Those persons may be wrong in the mode of presenting the cases , but one must look at the facts , root cause / issue. Judges & senior advocates are also human beings capable of doing exemplary deeds as well as prone to err just like others. There is a false notion that if one makes eloquent quotes , uses Latin lexicon he knows everything. Such people fail to understand and uphold  basic tenets of our constitution , what is the use of their oratory ?

1.Selection of judges is not transparent. Significant number of those selected are  related to seniors in one way or the other. They may be deserving but raises the question “ Are not any fit persons there in the bar who are not related to anybody but deserving ?”
2.A senior advocate by his privilege gets superfast hearing of his case at the cost of a poor litigant represented by a junior lawyer. For example a senior advocate is representing a movie producer in case related  to movie screening he gets priority over a junior advocate representing a person who has suffered police torture or his land grabbing by Mafia,  illegal dismissal from service ,etc. Thereby , Senior advocate & presiding judge will be violating the poor man's right of equitable justice. Due these senior advocates in some cases poor persons represented by junior lawyer are dead by the time of judgement or suffer irreparable loss. Who will bear the cost , responsibility for this injustice senior advocate or presiding judge ?
3.In India  millions of people are barely surviving  on a single piece meal a day, still they pay indirect tax to public exchequer. Judges enjoy  relatively huge salary , perks  still  judges  demanded more pay & perks. Don't they have human conscience  ?
4.Corruption is rampant  in judiciary  just like other wings of government.  This has been affirmed by former Supreme Court Judges themselves.  Therefore all the judgements are not sacrosanct. Some may be and some may not be.

When issue of corruption was raised Justice Karnan was silenced by contempt of Court  weapon , when  disparity  between senior & junior advocates was highlighted  advocate M J Nedumpara was silenced by the contempt of Court weapon. When  inhuman unjustified pay , perks  by high court judges was questioned  meghalaya journalist was Silenced by contempt of Court weapon.  It  clearly proves nervousness of those judges who are caught on the wrong foot.  What is needed is transparency of judiciary , logically looking at the core issue raised. If the way of presenting the case is wrong  punish them but only after settling core issue not by silencing the whistleblower. By silencing whistleblowers those judges are  themselves  making contempt of the  very August office they hold , making contempt of constitution of India  and  contempt of  citizens of India,  what legal punishment for those erring judges ? Who will bell the cat ?


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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