Cross Exam of Indian Judges

October 27, 2009

Cross Exam of Indian Judges
S.O.S – eVoice For Justice – e-news weekly
Spreading the light of humanity & freedom

The following live case is an actual example for failure of judiciary & police in india. It is a perfect case study for students of law , university graduate students , lawyers / advocates , police , judges , human rights / civil rights activists , groups , NGO in india & elsewhere.

QUESTIONS HONOURABLE CHIEF JUSTICE OF INDIA & H.E. HONOURABLE PRESIDENT OF INDIA ARE AFRAID TO ANSWER

APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI
FULL NAME OF THE APPLICANT : NAGARAJ.M.R.
ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,
EDITOR , E-VOICE JUSTICE ,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA PIN – 570017.
DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?
Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rd degree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1988-2008 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI.

PUBLIC INFORMATION OFFICER , O/O H.E.HONOURABLE PRESIDENT OF INDIA , GOI , NEW DELHI.

DATE : 05/09/2009 ………………………NAGARAJ.M.R.
LACE : MYSORE ……………………….( APPLICANT)

RTI APPEAL Via Web NEGLECTED TILL DATE by Honorable Supreme Court Of India

TO,

SHRI.M.P.BHADRAN ,

Honourable Registrar ( ADMN ) / Apellate Authority,

Supreme court of India,

New Delhi.

Subject : RTI APPLICATION NO : Dy.no.541/RTI/08-09/SCI dated 18.12.08 appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07

On-line grievance no: DPG/M/2009/80057

Kindly go through the following articles & provide justice by giving complete
truthful information to us. Till date , you have not replied to my appeal sent
through e-mail , why ?

answer the following questions , why public servants are afraid to answer it ?
what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogspot.com/

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen’s fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007 & Dy.No.541/RTI/08-09/SCI DATED 18.12.2008 . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & euitable justice. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

RTI APPEAL Via Web NEGLECTED TILL DATE by H.E.Honorable President Of India

TO,

Smt. Rasika Chaube ,

Internal Financial Advisor & Appellate Authority ,

President’s Secretariat ,

Rashtrapati Bhavan ,

New Delhi.

Subject : RTI APPLICATION NO : 1119/RTI/12/08-09

On-line grievance no: DPG/M/2009/80058

Kindly go through the following articles & provide justice by giving complete truthful information to us. Till date , you have not replied to my appeal sent through e-mail , why ? answer the following questions , why public servants are afraid to answer it ? what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogpot.com/

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen’s fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , we seek complete truthful information from H.E. Honorable President of India , with respect to my RTI application appeal . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017 INDIA … cell :09341820313
home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

Police NOT Registering Complaint
S.O.S – eVoice For Justice – e-news weekly
Spreading the light of humanity & freedom

POLICE NOT REGISTERING FOLLOWING COMPLAINT

From,

NAGARAJ.M.R.

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE – 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats – unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it’s tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people’s last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon’ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india’s defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF

INDIA –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.

if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal nexus ,
then that compensation money must be donated to Indian Army Welfare
Fund. afterwards , the money must be recovered by GOI as land arrears
from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. thanking
you.
Jai Hind , Vande Mataram.

Date : 04.07.09………………… your’s sincerely,

Place : Mysore…………………. nagaraj.m.r.

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017 INDIA … cell :09341820313
home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

CORRUPT JUDGES OF INDIA

March 9, 2008

 

e –Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.3…issue.17……07/07/2007

 Editorial : False Affidavits , Information Hiding – Crimes of supreme court of India & Public Servants

Many public servants are leading luxurious lifestyles , beyond the legal sources of their income. Many public servants are filing false affidavits about their annual income , wealth details to Election Commission of India / Vigilance Commission / other authorities , as the case may be. These authorities are not properly verifying these affidavits . many scams , scandals are coming to light day in & day out , politicians are accussing each other of involvement in scams. Whereas , the said authorities are keeping mum , as if those affidavits filed by tainted public servants are true.

The tainted public servants are not even providing full , right information to public as per RTI Act, lest the truth come out. Just imagine , even the supreme court of India violated RTI Act – failed to give information to our publication as per RTI Act , lest the truth – skeletons in judiciary comes out.

Some public servants , caught redhanded during luxurious spending , easily says that it is at their political paty’s expense or their well wisher’s expense. However no entries are found in the account books of said parties to that respect. The law forbids public servants from accepting gifts , hospitality , favours beyond the value of rupees one hundred  ( Rs. 100 ) , as it may be a form of bribe.

Hereby , HRW urges the honourable supreme court of India , to enforce RTI Act , annual filing of affidavits by public servants , fool-proof verification of those affidavits by public committees comprising ordinary citizens as mandatory encompassing all public offices. As a first step , it must be enforced to judges , police personnel & tax officials . then alone , many socio-economic problems , corruption in India can be solved. JAI HIND . VANDE MATARAM .

Your’s sincerely ,

NAGARAJ.M.R.

History of Corruption in Indian Judiciary since Independence: 1947 – 2003

1949: Mr. Justice Sinha  only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him “guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…” [008.07]. 
Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples’ Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of
India then only will scare to get into any scam nor Criminals will think of becoming Legislators.

1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts’ easy-go-tactic. [049.04] [059.05 ]

1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ]. 
 Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed ” To Do Complete Justice” by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court !
Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ]

1995     A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld.

1996     AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement

1994 to 1997:  A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting “special” treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion.

2000  A.S. ANAND: As Chief Justice of India. (a)  He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A]  [049.05B]  [049.05C]  [049.05D]  [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani’s ” BIG EGOS, small men “.  (b) Supreme Court , while he was CJI,directed   a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani’s ” BIG EGOS, small men “.  

2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to “fix” a case in her favour. Justice Mr.· Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned

CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are  M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him.

2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn’t take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &· Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI  filed its report. Gave clean chit.

March 2003 – Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials  in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records 


E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: ” The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”
 Following Questions / Issues, inter alia , arise

( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its’ Impeachment Order had held thus:”While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent.” [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami’s case , Justice Ramaswami had held that ” Inquiring Committee” as well as ” Inquiry” have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by
3 Judges Committee thus” Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority.”
(c) It will not be out-of place to mention here that Two of “Three Judges Committee ” appointed by CJI in Re. V. Ramaswami’s case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d ) If so how sure can we be that ” 3 Judges Committee ” appointed to invetigate ” 3 Judges Mysore Sex Scandal ” were un-biased or were above Board & have presented an accurate Report ?

Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges’ Mysore Sex Scandal
( a)” Will the Supreme Court Publicise Report of ” 3 Judges Committee ” ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of ” 3 Pillars of Constitution ” ?.
(d)
How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said ” Supreme Court is filled with FERA violators & Bride Burners…” ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that “in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates’ places…drink…dine…” (1990 Cr LJ 2179 ) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?


LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India’s Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?

Conscience of Judiciary Shaken: Supreme Court of India: “Police Raj” it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?

“Police Raj” to “Judges Tyranny”: Judges serving all over India have formed an Assocition called ” All India Judges Association “. At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up ” All India Judicial Services ” & ” National Judicial Pay Commission “. Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court

Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.

But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.

AN APPEAL TO HONOURABLE CHIEF MINISTER UTTAR PRADESH INDIA

Dear Madam  ,

INDIA: Student denied admission to the University for exercising his right under law
 
Name of the victims:
1. Mr. Djhananjay Tripathi, a resident of D 25/21-22 Ganga Mahal, Rajghat,
Varanasi, Uttar Pradesh
2. Mr. Yogesh Kumar Rai, former student of the Bachelor of Physical Education course at the
Banaras Hindu University, Varanasi, Uttar Pradesh
Alleged perpetrators:
1. Professor Panjab Singh, the Vice Chancellor,
Banaras Hindu University, Varanasi, Uttar Pradesh
2. Mr. N. Sundaram, the Registrar,
Banaras Hindu University, Varanasi, Uttar Pradesh
3. Dr. Vishwnath Pandey, the Central Public Information Officer,
Banaras Hindu University, Varanasi, Uttar Pradesh
4. Professor Chudamani Gopal, Medical Superintendent, Sir Sundar Lal Hospital, Banaras Hindu University, Varanasi, Uttar Pradesh
5. Dr. D.N. Singh, the Chief Medical Officer, Emergency Out Patient Department, Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
6. Dr. R.S. Sharma, the Senior Medical Officer,
Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
7. Dr. R. K Gupta, the Senior Medical Officer, Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
8. Dr. K.K. Tripathi,
Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
9. Dr. Munish Chauhan,
Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
10. Professor S. K. Singh, the Chief Proctor, Sir Sundar Lal Hospital, Banaras Hindu University, Uttar Pradesh
Date and place of Incident: Since January 2005, Banaras Hindu University, Varanasi  

I am writing to express my concern regarding the death of a student at the Sir Sundar Lal Hospital affiliated to the Banaras Hindu University due to alleged neglect in treatment and the victimization of yet another student who tried to bring the circumstances related to the student’s death into public attention.

I am informed that Mr. Yogesh Kumar Rai, a former student of the Bachelor of Physical Education course at the Banaras Hindu University died at the Sir Sundar Lal Hospital on 11 January 2005. It is alleged that Rai’s death was due to the neglect of the hospital staff at the Sir Sundar Lal Hospital. I am also informed that the students staged a protest soon after the death and the Vice Chancellor was forced to order an enquiry into the incidents that led to the death of Mr. Rai at the University Hospital.

I am informed that the report of inquiry held several hospital and university staff responsible for the situation that led to Rai’s death. Since the report was not made public, Mr. Djhananjay Tripathi, another student at the university filed a petition under the Right to Information Act, 2005 requiring a copy of the enquiry report. I am informed that the report was not given to Tripathi even though he took the matter in appeal and further to the Central Information Commission.

I am also informed that the Central Information Commission ordered that the report should be given to the applicant, Mr. Tripathi, which the university failed to comply. Owing to the failure, the concerned officer was ordered by the Central Information Commission to pay fine as compensation to Tripathi. I am also informed that in the meanwhile Tripathi who appeared for two consecutive admission examinations for the master’s programme [M.P.Ed.] at the university was denied admission contrary to Tripathi’s belief of his academic skills and his performance in the examination. I am informed that suspecting foul play Tripathi requested an inquiry into his examination results and it is alleged that in the inquiry it was found that the university was denying admission to Tripathi to seek vengeance against him. I am also informed that the Assistant Registrar of the Central Information Commission has ordered the university to immediately admit Tripathi for the course which he was qualified to join and also asked the university authorities not to victimize any student who exercise his right for information against the university.

I am concerned to know that inspite of all these, the university has denied admission to Tripathi and the reason for the death of Mr. Yogesh Kumar Rai still remains a mystery.

I therefore urge you to immediately inquire into this case and ensure the following:

1. That the report of inquiry conducted into the death of Mr. Yogesh Kumar Rai is provided to Mr.  Djhananjay Tripathi in compliance with the orders of the Central Information Commission;

2. That Mr. Djhananjay Tripathi is admitted into the course that he has applied for at the Banaras Hindu University in accordance with the order issued against the university by the Assistant Registrar of the Central Information Commission;

3. That the university takes immediate action against the corrupt and negligent officers mentioned in the report concerning the death of Mr. Yogesh Kumar Rai and;

4. That the officers responsible for denying admission to Mr. Djhananjay Tripathi are punished.

Yours sincerely,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER WEST BENGAL INDIA

Dear  Sir ,

INDIA: A foreigner raped by the officers of the Border Security Force stationed at the Indo-bangladesh border in Murshidabad district of West Bengal

Name of the victim:
Ms. Asha Begum, aged 19 years, daughter of Saral Hossain, residing at Lakshmipur, Rajpara, Rajsahi district, Bangladesh [the victim is currently held in judicial custody at the Lalbagh Prison in Murshidabad district, West Bengal]
Alleged perpetrators:
1. Officers of the Border Security Force of the `G’ Company attached to the 90 Battalion of the Border Security Force stationed at I & II Outpost of the Border Security Force at Kargil village, Murshidabad district, West Bengal
2. The Officer-in-Charge of the Raninagar Police Station, Murshidabad district,
West Bengal
3. Dr. S. B. Kanjilal, Medical Officer, Baharampur District Hospital, Baharampur, Murshidabad district, West Bengal
Date and place of Incident: On 7 July 2007

I am writing to you to express my concern regarding the case of Ms. Asha, a victim of rape currently detained at the Lalbagh Prison in Murshidabad in connection with Crime 109/2006 of the Raninagar Police Station.

I am informed that Asha was taken into custody by the Border Security Force (BSF) officers stationed at I & II Outpost of the Border Security Force at Kargil village, Murshidabad district on June 7, 2007 at about 6.45pm. I am informed that Asha was taken into custody along with one Ms. Champa who was also taken into custody by the BSF while they were trying to cross from Bangladesh to India. I am informed that both of them are citizens of Bangladesh, who were trying to sneak into India.

I am informed that the BSF officer later raped Asha within hours after she was taken into custody, which was discovered immediately by the superior officers of the BSF from the intelligence branch, who happened to visit the outpost on the same day. I am concerned to know that the victim, though was immediately taken to the Raninagar Police Station was refused to be taken in by the police officers at the station and also refused to be given medical attention. Later the victim had to return to the BSF camp.

The next day when the victim was produced at the police station, the Senior Divisional Police Officer from Domkal Mr. Mohan Banshi Haldar, ordered the victim to be produced at the Beharampur District Hospital for medical examination. It is alleged that Dr. S. B. Kanjilal, the medical officer at the hospital under pressure from the BSF and the police declared that Asha was not raped after a physical examination. I am surprised to know that a medical doctor without resorting to any forensic laboratory examination, merely by physically examining the victim has given such a verdict.

I am informed that the victim is not an accused charged with offences under the Foreigners’ Act, 1946 is being kept in judicial custody. I am also informed that the Additional Chief Judicial Magistrate has adjourned the case to be taken up on July 4, 2007 for the consideration of the victim’s complaint regarding rape and the manner in which her complaint was treated by the Raninagar police.

I am surprised to know that inspite of several complaints against the manner in which the BSF treat suspects and ordinary people in Murshidabad and along the Indo-Bangladesh border, no action whatsoever has been taken against these officers on complaints of abuse of authority or their  involvement in criminal activities as it happened in this case.

I therefore urge you to immediately intervene in this case and ensure that the BSF officer who raped Asha is brought to justice. I also request you to take appropriate action so that the dereliction of duty by the police officers at the Raninagar Police Station who refused to record Asha’s complaint is immediately inquired into. I also request you to inquire into the manner in which Dr. S. B. Kanjilal examined the victim and take appropriate action against the doctor if he is found guilty of willful neglect of duty.


Your’s sincerely,

NAGARAJ.M.R.

Comments on the Model Police Act 2006 circulated by the Police Act Drafting Committee of Ministry of Home Affairs

– By S R Sankaran IAS (Rtd)
Former Secretary, Ministry of Rural Development, Government of India

1. General – Scope of a Police Act
It is to be recognized that the .Police Act 1861 is not the sole or only lawin relation to police functions .The maintenance of public order and the criminal justice system are based on the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), Indian Evidence Act as well as a large number of special legislations including special laws including Prevention of Terrorism Act (POTA, now repealed ) or Unlawful Activities Prevention Act (in which many of the provisions of repealed POTA have been incorporated ) or Control of Organized Crimes Act (COCA) as in Maharashtra or Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, apart from the provisions of the Indian Constitution itself .In addition to the laws, there are Police Regulations (e.g. PRB in West Bengal) and Police Manuals (e.g. Tamil Nadu) in every state laying down clear guidelines and instructions in regard to the exercise of police powers and duties .The Police Act 1861 is no doubt 150 years old ;but to trace the reason for all the inadequacies and shortcomings in policing to the Police Act 1861 merely on the ground of its antiquity will be an incorrect understanding of policing in a democratic society .In fact, the1861 Act by itself does not stand in the way of proper and efficient functioning of police as a humane institution at the service of the people.

2. Model Police Act 2006 – Comments on Approach and Scope
The Model Police Act seeks to cover the entire field of police administration, much of which cannot and need not be incorporated in a statute by Parliament . There are too many details of administration. Some of the sections of this nature which are illustrative of this are amenities in police stations (Section 12(5)), non-statutory activities such as technical and support services (Section 17), state police academies (Section 18),organization of research (Section 19 )qualification for recruitment (Section 25), service conditions (Section 26) ),financial management ( Section56), standardisation of forensic aids (8.15) training policy, disciplinary actions, welfare and grievance redressal or working hours .

These are not normally laid down instatutes .Apart from the unnecessary need for making a statute of Parliament or State legislature for a minor issues such as imposing punishment on police personnel (or for that matter any government servant ), inclusion of such details in an Act will make it operationally difficult .Any change or modification will necessitate an amendment of the law by Parliament or State legislature .What should be part of a manual of administrative instructions have been brought into the law .The Act often reads like an office memorandum of the Government !

The Act should be confined to major issues and concepts of policy such as rule of law, statutory duties, functions and responsibilities or accountability . . Even here, some of the details such as composition of a Committee can be best left to Rules. In trying to achieve autonomy in the functioning of police, the Act seeks to provide privileged position to the police personnel (specially the Director General of Police), without adequate accountability and mechanism for redressal against arbitrary actions . There are, no doubt, some institutional mechanisms that are envisaged but they are all, if fully analysed, only advisory in nature. The Act as worded will only result in furthering the authoritarian nature of policing .

The functioning of the police must be looked at from the point of view of the people and not just from the point of view of the government or the police .The emphasis must be on police as service with duties and accountability on the part of the police; not more power and authority. As the police is the most visible symbol of State authority and is clothed with wide ranging powers to use force, including even causing of death in relation to life and liberty of citizens, police functioning naturally becomes central to human rights. The crucial fact is that the police is the legally sanctioned coercive arm of the Government and has the authority to interfere with the life and liberty of people. This distinguishes police from other agencies of the State and it is this feature that requires proximate accountability not only to its own departmental hierarchy but non police authorities (as in UK) .Any autonomy should be linked to accountability and close and immediate supervision. The police cannot become a “State within a State” .It has necessarily to function under the lawful control of the State /Central Government. At the district level it has to function as part of the District Administration.

The Model Act exhibits alack of trust in the bona fides of people and even the institutions of State, other than police . As police functioning directly interferes with life and liberty of people, there is need for immediate and proximate accountability and mechanisms for correction . The judicial machinery is distant and formal. Hence, there must be within the executive, an immediately available corrective mechanism other than the hierarchy of police . This is provided usually by the executive magistracy; but the Model Act is unmindful of this need .

The Model Act is department oriented rather than people oriented, in spite of the pronouncements in the Preamble.

2. Chapter wise and Section wise observations

Preamble
This has been very well expressed .But the word “empower ” may be avoided . It is not correct to think of power . Instead a term like “confer legal authority ” may be used .

Chapter II
It is indeed a very welcome departure from the traditional concept of force that police is referred to as service instead of force .

Section4(5)

The reference to pay and allowances is unnecessary in a statute .This is to be taken into account by Pay Commissions set up from time to time. If this is put into a law by parliament or State legislature, there will be similar claims by many other wings of government to have similar statutes

Section 5(2)
Section 5(2) is peremptory .To say that no officer senior or equivalent in rank to the incumbent Director General should be posted to any position within the police organization cannot become part of a law .It can be an administrative convention, at best The DGP can be first among equals .He can even supersede seniors in the process of getting selected. But to say that all others should move outside police organization is impossible and inappropriate. The proviso as well as the main provision are uncalled for in a statute ..This will also be administratively impossible when the selection of the DGP is to be done from among the three senior most persons as proposed. For example, if the third person in the order among the three gets selected, the two seniors have to go out of the police oganisation itself ! This will be impracticable

Section 2.6
The method of selection cannot be written into law. The criteria for selection, particularly 2(b) such as gradings are out of place in a law.

Fixed tenure of two years is a longstanding need which is administratively welcome ; but it hinges crucially on the quality of selection . In my view, there is no need to select persons with a limited service left before retirement and give a fixed tenure. If the retirement age is 60 years, it should be adhered to for all, particularly for police, as physical fitness is an essential requirement . It is better to make the selection from among the persons with two years of service before retirement.

All these can be more appropriately incorporated in administrative instructions and not in law.

Section 2.5
This is necessary .But there is no need to put it into law .

Section 2.9 to 2.12
These relate to creation of range, district, circle, police station etc.

There is no need to mention about the amenities etc in the law

Section 2.13
The minimum fixed tenure concept has been extended up to the level of SHO, Circle Officer SDPO and SP .There is also a maximum of three years prescribed unlike in the case of DGP .It is not possible or appropriate to provide in law for fixed tenure at every level . It will be impracticable .It may also result in “petty tyrannies ” at operational levels . (Looking at it from peoples point of view and not the departments view, there are a number of cases where common people wish that some officers known for their undesirable activities are transferred quickly in the hope that some better person might arrive ).While fixed tenure will have significance at higher levels, the principle cannot be extended to every post at every level

Section 14
This is an important provision which brings in the District Magistrate into this Act.

Section 4 of thePolice Act 1861 refers to general control and direction of the District Magistrate .The practices in States vary . The relationship betweenpolice and District Magistrate has been debatedfor longand wasalso gone into great detail by the Police Commission in Chapter XXXIX of its report .The Police Commission held the view that while police should have a distinct identity and operational independence, the role of the District Magistrate has to be recognised and respected by the police .

As police are vested with authority over life and liberty of people, an immediate and close non police general supervision is necessary and in this view, the provision in the Police Act 1861be retained It need not be viewed as subordination. It is somewhat akin to relationship with judiciary.

While the Model Actappears to follow the suggestion of Police Commission, the Police Commission draft visualizedthat the District Magistrate *”call for a report regarding the steps taken by the police or other agency to deal with the situation and give such directions in respect of the matter as are considered necessary by him(the District Magistrate ) to the police and the concerned agency “.

Section 14(2) of the Model Act waters down the role of the District magistrate.. The reference to other heads of the Departments in this act is unnecessary and uncalled for .There is no need to repeat “for the purpose of coordination ” or “to achieve the objective of coordination ” in the Section . All these seem to spring from a reluctanceto accept the role of theDistrict Magistrate .

Section 14(3) is completely out of place . It seems strange that the District Magistrate is to ensure assistance to the Superintendent of Police, rather than the Superintendent of Police assisting the District Magistrate ! This seems to be misconceived . Even without this provision, the District Magistrate as the head of the district will play this role and there is no need for this in the Police Act .

Section 15
The concept of Railway police itself requires a rethinking .In any case it need not be written into law. There is need to integrate railway police into the District Police

Section .16
This may not have to be incorporatedin the law .
On the other hand, as recommended by Police Commission, the law should lay down the limits to intelligence gathering so that intelligence agencies do not get involved in party politics . There have been many well-known instances of this nature both in States as well as Centre.

Sections17 to 19
While the ideas are welcome, there is no need to provide for them in the law

Section 22
The concept of special Police Officer is provided for in Section 17 of the1861 Act .But this was intended for extraordinary circumstances, with the permission of magistracy and from the residents in the neighbourhood .In other words, it was intended to enlist members of the local community in special cases of disturbance to peace in an area .But Section 22 makes it a regular feature, with an age limit of 18 and 50 years without any relation to the special circumstances and local community. In the context of having a properly motivated and well trained police personnel, this becomes anout moded concept . As these special police officersare to have the same powers privileges and immunities, any such provision as a regular feature of policingwill only result in an army ofillequipped personnel for the task of performing police functions . This Section is inappropriate

Chapter III

Section 24
The idea of Civil Police Officer Gr II as the lowest rank in civil police is to ensure efficiency dignity and status at this cutting edge level .But this cannot be done by merely changing the nomenclature. In fact the term constable, as used in countries like UK has acquired considerable dignity.

Section 25
These are a set of recruitment rules and procedure . It does not seem appropriate that such provisions form part of a parliamentary legislation .Nor is there any need to do so .This can be done by administrative instructions or separate recruitment rules.

The provision in 26(5) that the Director General of Police should endeavour to outsource noncore police functions is out of place in a Police Act.

Chapter V

Section 39
The superintendence of police rightly vests in the State Government as police or for that matter any department cannot become a state within a state .Of the three Constitutional branches -Legislature, Judiciary and Executive -police is part of the Executive . Section 39(2) is not needed, as it has already been stated that the State Government has the responsibility to ensure an efficient effective responsive and accountable police

Section 40
The concept of strategic policing plan is innovative .There is however no need to stipulate in law that inputs will be received from Superintendents of Police .In fact, such plans at the district level should be drawn up jointly by the Superintendents of Police and the District Magistrates together, in public interest, in consultation with the community . It is necessary that the District Magistrate is involved in this

Section 41 to 50
It is observed that the State Police Board will frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing; identify performance indicators ; review and evaluate performance .
The details of the composition of panel, method, ineligibility, expenses etc may be left to the Rules
It may not be appropriate for this board to prepare panels for the rank of Director Generals of Police, as this is a policy making body, including the Leader of the Opposition, retired judges and other nonpolitical persons .The panel for Director General of Police must be prepared by a separate selection committee consisting of the Chief Secretary, the Personnel Secretary and the Home Secretary in the same manner as the selection of the Director of CBI is done .

Section 51
The proviso at the end is strange . The State government undoubtedly should act according to law, rules and regulations; but by stating that the Government cannot intervene in the exercise of powers of administration by not only DGP but also any authorized officer, the police is privileged above Government itself and it assumes that the police authorities always act lawfully .Though unlawful political interference is unwelcome, Government cannot be devalued in this manner .This will result in unbridled powers to police .This proviso should be deleted

Section 53 to 56
It is not necessary to incorporate these in law. Administrative instructions should be adequate

Chapter VI
This Chapter on the whole is a welcome change moving on from power and authority to Role and Functions; Duties; Social responsibility as well as Emergency duties . The items in the Code of Conduct for police officers issued by the home ministry can be incorporated in a suitable manner .

Chapter VII

Sections 61 to 64
While police stations should be properly organized, the matters of details regarding accommodation, amenities etc cannot be written into law .They will form part of a manual of instructions .It is also strange that Section 62 talks of security of a police station though actually a Police station is expected to provide security to people .This soundsincongruous

Section 68 to 84
This introduces the concept of Village Guard for each village, provided with honorarium and treated as a public servant with training and proper identification .In effect, every village will have a policeman, in addition to the police personnel of the StationThere will also be Village Defence Parties with about 15 members with training and identification with expenses being provided to them .All these give the impression that there will be practically about 10 -15police agents in each village ..We will thus be converting each village into a virtual police station .This is not necessary or desirable

There is no reference at all to the elected Panchayats at village level.The appropriate course of action will be to entrust the function of Village Defence Partyto the Panchayat in a suitable manner and utilize the services of the Panchayat Secretary or the Village Officer to assist the police . There is need to bring village policing within the purview of the Panchayat

Chapter VIII

Section 87
The establishment of Commissionerate system need not be mandatory. Instead of the word “shall”., the word `may” may be used .

Section 88(4)
There is no need to provide for this in law

Section 97
This relates to powers of externment . Such a power does exist in some of the present enactments relating to Commissionerates; but it is of doubtful validity. This should be deleted

Section 103 and 104
These provisions are unnecessary .They give the impression that police is the central authority and all other agencies are to coordinate with them . The police must function as part of the district or local administration .

Section 105
It is not clear how the operation of an Act can be assigned to the Commissioner .Some of them require an independent quasijudicial assessment. It is presumed that this has been based on Police Commission draft Section 83). But in the present draft this is covered by 6.3 (a) .This Section may be deleted

Chapter IX

Section 112 to 118 and Section 121
This introduces a new concept of Special Security Zones to be declared by Union Government with the concurrence of the State Government .There is a reference to appropriate police structure, integrated mechanism and standard operating procedure The entire concept is vague and regressive . .This seems to be modelled on declaring areas as disturbed areas . Such provisions cannot be part of a Police Act .There are other legislations such a Unlawful Activities Prevention Act or Disturbed Areas Act etc. These provisions may be deleted .

Chapters X
While welcome, these are matters of detail .It is not appropriate that they should form part of law .Normally they are incorporated in police manuals

Chapter Xi and XII
This should form part of Training Manual and Discipline Rules and not a Central or State Act

Chapter XIII
This is an important Chapter as it deals with accountability .But unfortunately, the mechanisms envisaged are very weak and ineffective as shown below

Section 159 and 160
The intention is to set up a Police Accountability Commission consisting of a retired High Court Judge, retired DGP of another state, retired administrator from another state, etc. The expectation that persons from other States will be necessarily more objective does not stand to reason ; it does not seem to apply to the retired judge !

Section 161 to 165
These deal with procedures of appointment, removal etc

Section 167 to 171
These set out the powers and functions .The provision is that the Commission shall enquire into allegations of serious misconduct either suo motu or on complaint .”Serious misconduct” has been defined in the explanation as any act or omission that lead to or amounts to death in police custody ; grievous hurt ;rape or attempt ;malicious arrest or detention .A proviso has been added that for malicious arrest or malicious detention, prima facie satisfaction is needed .The Commission may also enquire into cases referred by DGP and also monitor status of departmental enquiries or action

As seen from Section 171, the Commission upon completion of enquiry is to communicate its findings to the DGP with a direction to register an FIR and / or initiate departmental action .The Commission is also to give an opportunity to DGP to present department’s view The Commission though highsounding in nameis nothing more than a body which, at the end of its deliberations, will ask the DGP to register an FIR or take departmental action and that too after giving various opportunities ! Naturally the FIR and the departmental enquiry will take their own course according to law and established procedures .

The statements recorded by the Commission also have only limited value under 169 .The Commission will only become a shield for the culprit personnel .It has no teeth at all .The entire arrangement is flawed and will serve little purpose .If the serious misconduct is death in police custody or rape etc, the proper course is to register an FIR straightaway and investigate by a special agency such as CID or Corps of Detectives .In fact, it is incumbent under law to do so .Merely because the offender is a police personnel, he/she can not enjoy any immunity or seek special procedure .

Section 173 to 175
The District Accountability Authority appears to have no real function at all except to forward complaints of serious misconduct / misconduct and monitor them . This is hardly any function and will only be a waste of effort. The Authority as envisaged is just a forwarding authority, just a post office . It can best can give advise. The name “accountability authority” is again high sounding . But there is hardly any accountability that is enforced and there is no authority whatsoever

Section 179
This provision seems unnecessary particularly in view of the fact that the commission or authority provide little remedy.

Chapter XIV
The provisions for welfare, working hours etc need not come into a parliamentary legislation .They are best incorporated in rules or manuals

Chapter XV

Section 193 and Section 201
This creates offences by public . Moreover, 201(2) makes all these cognizable i.e., arrest without a warrant .This cannot be done by Police Act .It has to be part of IPC or someother law

Section 205
This relates to summary disposal by Court .This should form part of Cr PC not a Police Act

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