Modi’s Half Hearted Black Money Battle

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Editor: NAGARAJA.M.R… VOL.10 issue.46… .23 / 11 / 2016

 

Editorial :   NO   AMNESTY  to  Back Money  Launderers

–          CORPORATE CRIMINALS /  CORPORATE TERRORISTS /  TAX THIEVES  RESPONSIBLE FOR ALL ILLS IN INDIA

In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created  is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

 

However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together  , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable  evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

 

Black Money & Crime are  inter twined , two faces of the same coin . Amnesty  must not be given to black money launderers , it is nothing  but legalizing the crimes of big criminals & crimes which are sources of black money. Thereby , government is giving legal sanction to those criminals  to commit more crimes to accumulate black money and  government itself is waiving off  it’s  duty  to  legally prosecute those  black money launderers for the crimes  which are  the sources of those ill gotten money. As per  the constitution , government must do it’s duty to uphold law , it cann’t waive off it’s own duties. If a government  cann’t do it’s duty , it must get out of the seat.

 Police , Government , Judges  spend  thousands  of rupees  public money to legally  prosecute a   small thief   caught for stealing  hundred rupees , where as now  letting out big time  looters who have stolen  millions  of rupees public money , who have earned money through swindling banks , share holders , earned money by illegal money lending , rowdyism , drug trafficking , human trafficking , etc.  It is against principle of equitable justice , law. If the government  is not able to   catch , prosecute these black money launderers , it is unfit to be in the  seat.

 

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer. Law  of  the  Land is  one  and  same for all Tom , Dick & Harry.

 Jai Hind. Vande Mataram.

Your’s sincerely,

Nagaraja.M.R.

 

 

PIL –   NO  AMNESTY  to   Black  Money  Launderers

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Cabinet  Secretary , Government of India   & Others

….Respondents

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

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Corruption is  rampant in tax enforcement , law enforcement agencies of the government.

3. In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created  is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

4. However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together  , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable  evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

 

2. Question(s) of Law:

Is it right for banks ,  tax authorities , government  to let out fraudsters , guilty bank  executives  , guilty tax officials  without criminal prosecution  & recovery ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds / tax evasions.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

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

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

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants ,  Tax Authorities , Law Enforcement  Agencies , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute responsible bank executives & fraudsters.

d. To make it mandatory for all bank executives  , tax officials including board members to make their  income , wealth details public every year. This must be disclosed  under RTI A ct.

e. To form a  statutory mechanism to share   information in real time ( through computer networking) about creditors , debtors , borrowers , policy holders , insurers , wealth managers , etc between all financial institutions like SEBI , RBI , IRDA , Banks ,  State and  Central Government Tax Authorities etc. Creditor , debtor information must be disclosed under RTI Act.

f. To  appoint  a person from lending bank to  loan availing companies to monitor it’s daily  financial affairs.

g. To legally prosecute RBI Governor , Chief Justice of India & Union Finance Minister  for  aiding  fund raisers of terrorists , underworld.

h. To order  Government of India to accept our conditional offer  of apprehending corporate terrorists.

i. To criminal legal prosecution against promoters of fraud companies , partners in their crimes supporting company executives and bank executives.

j. To order for recovery of money with interest & penalty  , by confiscation of properties of such company promoters , their family properties , property of concerned bank executives  , tax  officials and most importantly PROPERTIES  OF RBI GOVERNOR , UNION FINANCE  MINISTER & CJI must be attached.

k.  Black Money & Crime are  inter twined , two faces of the same coin . Amnesty  must not be given to black money launderers , it is nothing  but legalizing the crimes of big criminals & crimes which are sources of black money. Thereby , government is giving legal sanction to those criminals  to commit more crimes to accumulate black money  and  government itself is waiving off  it’s  duty  to  legally prosecute those  black money launderers for the crimes  which are  the sources of those ill gotten money. As per  the constitution , government must do it’s duty to uphold law , it cann’t waive off it’s own duties. If a government  cann’t do it’s duty , it must get out of the seat.

l. Police , Government , Judges  spend  thousands  of rupees  public money to legally  prosecute a   small thief   caught for stealing  hundred rupees , where as now  letting out big time  looters who have stolen  millions  of rupees public money , who have earned money through swindling banks , share holders , earned money by illegal money lending , rowdyism , drug trafficking , human trafficking , etc.  It is against principle of equitable justice , law. If the government  is not able to   catch , prosecute these black money launderers , it is unfit to be in the  seat.

m. To  immediately  give a stay  to the moves by  government of india  , giving  amnesty  to black money launderers from  01st  June  2016.  Also , annul  such  laws  enacted by government of India.

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

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 14th  May   2016 ………………….FILED BY: NAGARAJA.M.R.

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

 

PIL –  BANK ROBBERIES by bank executives

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Governor , Reserve Bank of India (RBI)  & Others

….Respondents

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

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

9. Eventhough , I have repeatedly appealed to RBI authorities , Union Finance Ministry  since  years seeking  information under RTI Act  regarding illegalities , irregularities  in RBI , Various banks , RBI Note Press ( BRBNMPL ) , etc , the  RBI authorities  have evaded answering our  questions  lest  the TRUTH come out. Supreme court of India specifically Chief Justice of India  were also approached to order RBI , Union Finance Ministry  to  disclose  information to us in public interest. But  SCI , CJI also failed to do their duties.

10. The money involved here is public money , it is nobody’s papa’s money.

11.  These  swindled monies are finding it’s way to under world , Mafia & Terror outfits. This proves  RBI  Governor , Union Finance Minister  and  Chief Justice of India  are  least  bothered to safe guard  PUBLIC MONEY. They are least bothered about our national security.

12. We have  offered  our conditional services to RBI , Union Finance Ministry & SCI  to apprehend  corporate criminals , to recover money while the  concerned officials have failed to do their duties. Till date  RBI , SCI , Government  have failed to respond to our offer.

13. We  SOS e Clarion of Dalit & SOS e Voice for Justice once again offer our conditional services to authorities , RBI , SCI  to legally apprehend corporate criminals , tax evaders &  corrupt bank executives  and to  recover monies from them.  Are RBI , SCI & Union Finance Ministry Ready to catch tax thieves , corporate criminals ,  corporate terrorists ?  Are  they ready to utilize our services ?

14. By , shielding corporate criminals  RBI , SCI , Union finance ministry  are  shielding  corporate criminals to continue financial aid to terrorist outfits , underworld & mafia. Thereby , RBI Governor  , Union Finance Minister  & CJI , Supreme Court of India have also become parties to those crimes , they themselves have become criminals.

15. These  Huge financial frauds , swindling for years  cann’t happen repeatedly for years  without  tacit understanding , cooperation , collusion , connivance  of RBI GOVERNOR and UNION FINANCE MINISTER. These crimes  are  spared from  fair , timely legal trials  with tacit support  of  Chief Justice of India.

16. These swindled money is destabilizing our economy , funding terrorist outfits , mafia & underworld. These are posing constant threat to our national security , integrity.

17. By financially supporting funding of criminals , terrorists RBI GOVERNOR ,  UNION FINANCE MINSTER & CHIEF JUSTICE OF INDIA themselves have become   anti nationals , criminals , terrorists.

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters , bank  executives  without criminal prosecution  & recovery ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

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

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

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

d. To legally prosecute responsible bank executives & fraudsters.

e. To make it mandatory for all bank executives including board members to make their  income , wealth details public every year. This must be disclosed  under RTI A ct.

f. To form a  statutory mechanism to share   information about creditors , debtors , borrowers , policy holders , insurers , wealth managers , etc between all financial institutions like SEBI , RBI , IRDA , Banks , etc. Creditor , debtor information must be disclosed under RTI Act.

g. To book criminal cases of Rowdyism , goondaism against rowdy loan recovery agents & respective bank managers.

h.  To  reopen cases of   Currency exchange scandal @ RBI Bangalore incinerator  and currency theft cases @ RBI currency note press , Mysuru. To also legally prosecute  bank executives & CBI investigating officials  who shielded  original criminals in these cases.

i. To order  full payment of  unjustly withheld salary , gratuity , pension dues , etc to victimized  RBI staff Mr. Ganapathi Hariram immediately.

j. To  appoint  a person from lending bank to  loan availing companies to monitor it’s daily  financial affairs.

k. To legally prosecute RBI Governor , Chief Justice of India & Union Finance Minister  for  aiding  fund raisers of terrorists , underworld.

l. To order  Government of India to accept our conditional offer  of apprehending corporate terrorists.

m. To criminal legal prosecution against promoters of fraud companies , partners in their crimes supporting company executives and bank executives.

n. To order for recovery of money with interest & penalty  , by confiscation of properties of such company promoters , their family properties , property of concerned bank executives  and most importantly PROPERTIES  OF RBI GOVERNOR , UNION FINANCE  MINISTER & CJI must be attached.

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

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 12th  March  2016 ………………….FILED BY: NAGARAJA.M.R.

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

PIL – Stop Robberies @  RBI  by  bank staff

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Governor , Reserve Bank of India (RBI)  & Others

….Respondents

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

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

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters without criminal prosecution ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

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

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

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities  in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

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

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 23rd July  2015 ………………….FILED BY: NAGARAJA.M.R.

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

4-month window to declare black money opens on June 1: Jaitley

 

The four-month window for declaring domestic blackmoney will open on June 1 and those opting to come clean by paying 45 per cent tax and penalty will not be subject to scrutiny and enquiry by tax department.

The Income Declaration Scheme 2016 will remain in force till September 30 for filing of declarations and payments towards taxes, surcharge and penalty must be made latest by November 30, the Finance Ministry said in a release.

“No scrutiny and enquiry under the Income-tax Act or the Wealth tax Act (no abolished) shall be undertaken in respect of such declarations.

“Immunity from prosecution under the Income-tax Act and Wealth Tax Act is also provided along with immunity from the Benami Transactions (Prohibition) Act, 1988 subject to transfer of asset to actual owner within the period specified in the Rules,” it said.

The scheme was announced by Finance Minister Arun Jaitley in the Budget with an aim to fish out black money from the domestic economy. Earlier, the government had come out with similar scheme for Indian holding undisclosed income abroad.

The scheme will apply to undisclosed income whether in the form of investment in assets or otherwise, pertaining to Financial Year 2015-16 or earlier, the Ministry said.

“Under the Scheme, income as declared by the eligible persons, would be taxed at the rate of 30 per cent plus a ‘Krishi Kalyan Cess’ of 25 per cent on the taxes payable and a penalty at the rate of 25 per cent of the taxes payable, thereby totalling to 45 per cent of the income declared under the scheme,” the Ministry said.

 

 

 

INDIA`S BLACK MONEY IN SWISS BANK

 

This is not so surprising .India is the world`s most corrupt country.Corruption is not new in India.Recently due to international pressure, Swiss government agreed to disclose the names of the account holders only if the respective government formally asked for it.

Black money in Swiss banks  Swiss Banking Association report, 2006 details bank deposits in the territory of Switzerland by nationals of following countries:
Top five

India—- $1,456 billion
Russia —$ 470 billion
UK  ——-$390 billion
Ukraine – $100 billion
China —–$ 96 billion

India has more money in Swiss bank than all the other countries combined.Second best Russia has 4 times lesser deposit. US is not even there in the counting in top five.

609 people in India having legal property more than Rs- 100 crores (Rs- 10 Million). Indian President one day living cost is Rs-8 crore, living in a place where 350 flats.Oneday Indian Parliament running cost is around 9 crore Rupees.Britishers looted 350 Lakh Crore in 250 years whereas Indian himself looted 330 crore. 70 Lakh crore only deposited in swiss bank. 84000 corrupt people in India.India has around 450 Billion dollar of coal deposit & 170 billion of iron ore deposit,looted by state politicians .According to Indian Government around 1 Lakh place in India where people doing illegal mining.

Dishonest persons, scandalous politicians and corrupt IAS, IPS officers have deposited in foreign banks in their illegal personal accounts a sum of about $ 1500 billion, which have been misappropriated by them. From 2003 to 2010 out of 5,635 IPS officers fifty(50) IPS officers were resigned and joined private company.

This amount is about 13 times larger than the country’s foreign debt. With this amount 45 crore poor people can get Rs 1,00,000 each. This huge amount has been appropriated from the people of India by exploiting and betraying them.

Some 80,000 people travel to Switzerland every year, of whom 25,000 travel very frequently.“Obviously, these people won’t be  tourists.

Why our Indian Government is not asking to swiss Bank? Well the answer is simple , our Government is working under the influence of those politicians & industrialists who have huge deposit in Swiss bank.They cann`t expose their own people.

USA have settled their Swiss bank Account & their top Billionares in their countries paid to their country 50% of their Money which includes Gates & Bloomberg.Italy got 6.4 Billion dollar from swiss Bank,Germany got 5.7 Billion dollar from swiss Bank & France got 1.7 Billion dollar from swiss Bank.

Schweitzer Illustrierte, a Swiss news magazine,published on 19th November 1991, has alleged in an old issue that the Soviet intelligence agency KGB had deposited US $2.2 billion in a Swiss bank account in 1985 in the “minor” account of Rahul Gandhi managed by his mother Sonia Gandhi . Janata Party President Dr Subramanian Swamy, who had secured an order from the Delhi High Court to the CBI to investigate alleged receipt of slush money by late former Prime Minister Rajiv Gandhi’s family, has cited a November 1991 issue of the Swiss magazine in support of his charge.He has further claimed that the payments were authorized by CPSU by a resolution CPSU/CC/No 11228/3 dated 20/12/1985 and the same was also endorsed by the USSR Council of Ministers in Directive No 2633/Rs dated 20/12/1985. He also claimed that these payments had been coming since 1971 as the payments received by Sonia Gandhi’s family “have been audited in CPSU/CC resolution No 11187/22 OP dated 10/12/1984.   Reference:–http://swissprivacy.tripod.com/id8.html

Why Government is not taking action on corrupt peoples ? Why CBI is not independently working? well answer is simple ,Government is taking lots of money in the name of party fund and also taking help from those politicians who are involved in
criminal charges.Whole police in India is working under politicians.  According to RBI(Reserve Bank Of India) Rupees 17,18,826 crore notes print in India between  year 2000-2010. Rupees 10 Lakh Crore money incirculation in India. Generally 2-3 % of  GDP money circulation in other countries. But Indian Government has allowed  four Swiss bank  &  Eight Bank of Italy in India.

Sources says that NGO is also engaged in converting black money into white Money.

swiss bank(ubs) revealed 6000 USA people names . In may 2008 Germany bank revealed 28 people names but government is still hiding their names. Even the Supreme court of India asked for names three times. But Government only make deal with 23 countries of Double Taxation.
                                 USA got his money, France , Italy , countries like Singapore fought and get their money.India has more than 3.5 crore taxpayers. Black Money can be used by terrorists. Probably they are trying to move money to other countries or will invest in real-estate like in dubai or arab countries.After huge pressure from media & civil society Government has joined FATA (Financial Action Task Force) group only to delay issue. 

http://indiatoday.intoday.in/site/Story/126998/LATEST%20HEADLINES/indian-link-to-swiss-money-trail-revealed.html
In the data shared by Ex-Swiss banker Rudolf Elmer, there are at least three companies that go by the name of Annapurna. These accounts have been opened in the New York branch of the Swiss Bank Julius Baer.These accounts are Annapurna Convertible Ltd, account number 420331. Annapurna Leverage Ltd, account number 427039 .Annapurna Convertible USD, account number 431916.Money running into crores of rupees has been stashed away in these accounts.57million dollars or Rs 259 crore have been stashed away in Annapurna Convertible ltd. 18.6 million dollars or Rs 84 crore are lying in Annapurna Leverage Limited.And 10.3 million dollars or Rs 45 crore are hidden away in the account of Annapurna Convertible.Interestingly, the documents list the same company and same person as managing all the Annapurna accounts.Annapurna Convertible, Annapurna Leverage and Annapurna Convertible USD are all managed by Pius Fisch ofFisch Asset Management.The other name to come out was that of Asad Ali Khan and his wife Zahida, who was a co-account holder.   Headlines Today scoured through the records sent to us by Rudolf Elmer and found out how Asad Ali Khan had siphoned off a huge amount of money to the Julius Baer Bank in Cayman Islands.A company in the name of Unicorp Services was incorporated in Cayman Islands.Its registered address is Post Box 1100, Kirk House, Grand Cayman Island, BWI.According to Elmer’s documents, the registration number of the company is 00233755.In the year 1999, Asad Ali Khan and Zahida were present for the dissolution of this company as directors of Unicorp Services in Cayman Islands.Elmer’s data also shows that the account was being managed by J.M.I. Gillani.The official address is: Banque Julius Baer, 2 Boulevard du Theatre, Case Postale, CH 1211, Geneva 11, Switzerland.

Where Black money is being used? Election, Air  travel , Tour, Restaurants, Land, Jewelery.

Who is involved in Black Money? Senior bureaucrats (IAS,IPS officers), Ministers of Export-Import,Comerce, Chief Ministers, Top Industrialists , Horse Trader, Liquor Trader.

4000 kg gold sold in year 2010 in India.
144 nations signed UNCAC (United Nation Convention Against Corruption) but India is not signing because Indian Government is engaged in corruption. UNCAC Opened for signature from 9 December 2003 by the UN General Assembly & last date was  14 December 2005.

Highly placed sources in New Delhi and Mumbai say much of the money held in Swiss banks, and other tax havens like the Bahamas, have been routed into the Indian stock exchanges throughParticipatory Note (PN) bought in Mauritius through front companies. Since these instruments are not registered to trade in Indian domestic capital markets, the investors’ names remain undisclosed. “The route to take out the money is hawala and to bring it back is Participatory Note ,” says Hemen Kapadia, one of Mumbai’s top stock market analysts. Roughly 50-60 percent of FII investments, aggregating $85 billion till late 2009, were made through the Participatory Note route. And according to Kapadia, this route saw 75 percent traffic in the last few months. A worried market regulator, the Securities and Exchange Board of India (SEBI) is now learnt to have asked several FIIs to furnish details of the Participatory Note issued to their clients, but it has been consistently stonewalled. “They will always win by citing client confidentiality agreements, and I doubt whether SEBI has the necessary legal teeth to probe further,” Kapadia points out.

India`s economic debt—http://www.indiabudget.nic.in/es2009-10/chapt2010/tab84.pdf

FII investment in Indian stocks this year touched a record $18.13 billion ( Rs.82,360 crore), according to the SEBI website. In dollar terms the previous high was in 2007 ($17.65 billion) and in rupee terms in 2009. Stock market analysts say FII investment in rupee terms is lower because of appreciation in the Indian currency against the dollar. The Sensex last year gained over 80 percent — a figure it is likely to surpass this year.

Not taking into account the recently concluded Coal India IPO, the FII bids amounted to Rs. 1.20 lakh crore. Some foreign entities that have placed large bids for Coal India through PNs include Citibank ($1 billion), Merrill Lynch ($2 billion) and Deutsche Bank ($3 billion). The Qualified Institutional Buyer (QIB) quota in the Coal India IPO that was oversubscribed 24 times was primarily due to intense FII interest.

In fact, in 2007, when the then National Security Adviser MK Narayanan had spoken of terror funds routinely penetrating and manipulating the markets, he was hinting at PNs. Earlier, the RBI too had come out with a report expressing concern over the illegal traffic. At that time 89 percent of the funds invested by FIIs had come through the PN route, RBI data showed.According to recent estimates, roughly $200 billion — four times the external debt of Pakistan — is stashed away in Swiss banks and is now being withdrawn.

“A major area of vulnerability for us is the high consolidated public-debt to GDP ratio of over 70 percent … (and) consolidated fiscal deficit,” says the Governor of Reserve Bank of India (RBI), Mr. Yaga Venugopal Reddy.

According to CIA world fact book, the Current account balance of India is MINUS -37,510,000,000 (minus) while China is the wealthiest country in the world with $ 426,100,000,000 (Plus) . India listed as 182 and China as no.1 . Money inflow in India is currently Rs 7,000 crore.

Total number of registered corruption cases was 64,00,000 in 1989 , now in year 2010 is 1,64,00,000 .
Hasan Ali 6 Billion Dollar swiss Bank account—-
http://timesofindia.indiatimes.com/india/Hasan-Alis-6bn-in-Swiss-accounts-missing/articleshow/7365076.cms

Surely it`s time to Ban 1000 rupee note—-
http://www.governancenow.com/news/regular-story/check-corruption-ban-rs-1000-note

Sources say that NGO is the main source of Black Money in India.
http://www.hindustantimes.com/833-NGOs-blacklisted-for-misappropriation-of-funds/H1-Article1-488589.aspx

The GFI report says, “From 1948 through 2008, India lost a total of $213 billion in illicit financial flows (or illegal capital flight). These illicit financial flows were generally the product of corruption, bribery and kickbacks, and criminal activities.” The total of $213 billion is a misleading figure because “the present value of India’s illicit financial flows is at least $462 billion,” the GFIreport explains, adding, “This is based on the short-term US Treasury bill rate as a proxy for the rate of return on assets.” The GFI (Global Financial Integrity) report points out that the “total capital flight represents approximately 16.6 percent of India’s GDP as of year-end 2008”; that “illicit financial flows out of India grew at 11.5 per cent per year”; and, that “India lost $16 billion per year between 2002-2006”.The present value of illicit assets held abroad ($462 billion) “accounts for approximately 72 per cent of India’s underground economy — which has been estimated to account for 50 per cent of India’s GDP ($640 billion at the end of 2008)”. Just above a quarter of illicit assets are helddomestically.The fact that deposits in tax havens have increased from 36.4 per cent of illicit financial flows in 1995 to 54.2 per cent in 2009 tells its own story.

Well if Swiss Bank cann`t give information to India then why Indian Government is not stopping money that they are coming from outside India. But how can a corrupt system do?

We need to start a movement to pressurize the government to do so !! this is perhaps the only way, and a golden opportunity, to expose the high and mighty and weed out corruption !!

Is India poor, who says? Ask Swiss banks With personal account deposit bank of $1500 billion in foreign reserve which have been misappropriated, an amount 13 times larger than the country’s foreign debt, one needs to rethink if India is a poor  country?.

 

 

$181 billion Indian black money in tax havens?

 

Between six and seven trillion dollars worth of black wealth lies hidden in tax havens across the world, according to a fresh estimate by a trio of senior economists from the Bank of Italy. Indians’ share in this is estimated at $152-181 billion, by one calculation. This is only wealth invested in shares and debt securities or held in bank deposits. It is impossible to get a handle on other wealth invested in physical assets like real estate, gold or art.

Released this week, these estimates follow the train of several such estimates in recent years with Gabriel Zucman, of London School of Economics, estimating it at $7.6 trillion, Boston Consulting Group at $8.9 trillion and Tax Justice Network at $21 trillion.

All of this wealth is held in tax havens, which are jurisdictions with weak regulations and strong secrecy laws, using shell companies to conceal original identities. The Italian economists analysed data from IMF and the Bank of International Settlements (BIS) to arrive at the figure.

 

When asked by TOI to estimate the Indian share in this gigantic treasure trove, the researchers were cautious.

There can be two ways of doing this, they told TOI via email. One is to assume that the Indian share in this global hidden wealth was simply the same as India’s share in global GDP, that is, about 2.5% in 2013, the year for which this data pertains. By this measure, the Indian share of hidden wealth is $152-181 billion. That’s about Rs 8.9 to 10.5 lakh crore.

 
Another way of finding out the Indian share of undeclared assets is to look at the Indian share in actual declared portfolio assets—about 0.07% of the total—and assume that the same is valid for hidden assets. By this way, India’s share in black assets works out to $4-5 billion or about Rs 25,000-30,000 crore.

 

These figures for India are just indicative and the three economists — Pellegrini, Sanelli and Tosti — were insistent that they “have to be considered with great care and in no way can represent firm data”. But, having said that, there is no other way of getting even a glimpse of the secret stockpile of wealth stashed away abroad by Indians. So, as a ballpark figure, it does give a hint of what lies buried.

 
Why is there a big discrepancy between the two methods of calculating India’s hidden wealth in tax havens? As the Italian researchers explained, Indians seem to have a much lower propensity for investing in foreign financial assets — that’s why their share in global offshore financial assets, as calculated from IMF data, is a puny 0.07%. But will this reluctance extend to secret investments too? Nobody knows.

 

In all probability, Indian share in foreign black money is somewhere between the two estimates computed above. This is supported by estimates of offshore wealth growth by various agencies. In the Global Wealth 2015 Report, the Boston Consulting Group says that shares of offshore wealth from Middle East and Africa region, Latin America and Asia Pacific were higher than Western Europe and North America, although it also points out that Asia-Pacific contribution is not so high.

 

 

Panama Papers: Global tax evaders list belittles PM Narendra Modi’s 90-day black money hunt

 

 

An investigation by an international media consortium, including the Indian Express, has unearthed several names of wealthy individuals across the world, who have hidden their money in holding companies set up in tax havens.

The Indians named in the list include actors Amitabh Bachhan, Aishwarya Rai Bachhan, DLF promoter KP Singh, Indiabulls owner Sameer Gehlaut, Gautam Adani’s elder brother Vinod Adani and politicians and former chief of the Delhi unit of Loksatta Party, Anurag Kejriwal. These individuals, and in some cases their family members, have formed offshore entities in tax havens by paying to a Panama-based law firm, Mossack Fonseca. This is the case in a nutshell.

 

Now, the obvious question is this. Is it illegal to invest in offshore companies if the earnings are legitimate? No. It is not. But, the problem arises if the money is earned in a jurisdiction, where they are liable to pay taxes, and the money is transferred across the border without doing so. In this case, this becomes ‘unaccounted wealth’ or what is informally known as ‘black money’.

In other words, if the individuals mentioned in the Panama list are able to prove that the money invested in these offshore entities is legitimate and already taxed, there are no issues. Else, they can be in serious trouble.

The Narendra Modi-government is under tremendous pressure to win back black money from abroad to fulfill its poll promises in the run up to the 2014 Lok Sabha elections. A 90-days black money window it announced last year yielded undisclosed foreign assets of only about Rs 3,770 crore from 638 declarations, a mere fraction of the total stock of blackmoney believed to be stashed abroad. In other words, the scheme was largely a flop show. Under the window, those with unaccounted foreign black money had to pay a tax of 30 percent and a penalty of another 30 percent to come clean.

It is important to note that the Panama list also shows the apparent failure of the the 90-days black money window offered last year to draw foreign blackmoney holders. The fate of the 90-day black money scheme was not too hard to anticipate since no one with ill-gotten wealth or unaccounted wealth would want to sacrifice 60 percent of their money to comply with the government regulations. They would find a way out by the time the arms of the law reach their bank lockers in tax havens.

When the window closed, finance minister, Arun Jaitley had warned in tough words that it will not leave any stone unturned to take action against the guilty. “Those who chose to declare between this period would not be prosecuted under the new black money law… These declarants can now sleep well.” Jaitley said, adding, “those with illegal assets abroad, who have failed to make declaration, would now stand the risk of information relating to them eventually reaching the Indian taxation authorities.”

It is not known whether any individuals whose names are included in the Panama list are among the declarants of the 90-days black money window that expired on 30 September, 2015. If they aren’t and if investigations find that they are indeed tax-evaders, its time for Jaitley to do what he said he would do. This isn’t the first time the list of black money holders surfaces in the media. In a similar investigation, a list of 1100 Indians with Swiss bank deposits was unearthed setting stage for larger debate on the black money issue.

The Modi-government has not made any significant progress on the black money hunt as it promised in the beginning, in terms of recovering money. But, it has indeed initiated efforts to do so. Not just foreign black money, the government is facing equal challenges to deal with the domestic black money holders as well.

 

 

This is also a time when Jaitley, in the Union Budget 2016, announced that a four month (June 1 to September 30, 2016) amnesty-like scheme will be given to domestic black money holders in India to disclose their illegal, unaccounted wealth by paying a total of 45 percent tax. Jaitley hasn’t called it an amnesty, but in principle, it is nothing but an amnesty offered to the tax-evaders. In 1997 when P Chidambaram was Finance Minister, a similar exercise had garnered Rs 10,000 crore revenue to the exchequer.

Besides that, after the Narendra Modi-government came to power, it announced a 90-days amnesty-like window for foreign blackmoney holders charging them 60 percent tax. A total of Rs 4,147 crore of undeclared wealth was declared and the government garnered Rs 2,500 crore from the whole exercise, again a paltry sum considering the kind of blackmoney stashed abroad.

In India, political promise of action against black money is not a convincing one since many of the political parties themselves thrive on funding from the same black money holders. The lack of transparency and the give-and-take relationship between politicians and corporations/wealthy individuals makes it even more difficult to cleanse the system and undertake action against the offenders.

The important question that the Panama list brings to the table is this: Can the Modi-government initiate meaningful action against the offenders by investigating their foreign holdings and, thus, show its seriousness on the black money hunt?

 

Indian black money deposits moved out of Switzerland

 

The Swiss National Bank, the country’s central banking authority, has estimated the funds currently held by Indians in Swiss banks at a mere $1.98 billion.

Fear of disclosure due to greater scrutiny of this illicit wealth has played the main role in the flight of capital. Rashme Sehgal reports from Geneva for Rediff.com

 

Narendra Modi had promised that on becoming prime minister he would ensure that Indian black money stashed in Swiss bank vaults would make its way back to India and every Indian would receive a bonanza of Rs 15 lakh (Rs 1.5 million).

Fifteen months have passed into his prime ministership and there are no signs of any undeclared assets having reached Indian shores. Bharatiya Janata Party President Amit Shah has tried to pass off Modi’s promise as being little more than an ‘election jhumla.’

Banking experts in Switzerland point out that the Rs 15 lakh figure for 1.2 billion Indians is untenable since most of the black money Indians had deposited in Swiss banks was cleared out during the last decade.

As per the latest data, the amount held by Indians through fiduciaries in Swiss banks has reached a record low level, while it used to be in the billions of dollars till about seven years ago.

“The figures of Rs 15 lakh would have worked out to several times India’s present GDP,” a senior Geneva-based tax consultant points out. “Switzerland never saw such massive deposits from any country.”

“More than half the undeclared money from India has been moved to Dubai and Singapore where it could have been invested in real estate, gold or re-entered India through the hawalaroute,” says lawyer Nathalie Bersier, a consultant for Swiss investments in India and vice versa.

“I do not know how Modi made such a remark. The Manmohan Singh government also talked about huge amounts of undeclared Indian money,” Bersier adds, “but the truth is that most of the money has moved out in the last decade.”.

The Swiss National Bank, the country’s central banking authority, according to data released last year, has estimated the funds currently held by Indians in Swiss banks at a mere $1.98 billion.

Fear of disclosure due to greater scrutiny of this illicit wealth has played the main role in the flight of capital.

Contesting the large black money amounts being mentioned in Indian newspapers, Bersier says, “In Switzerland, the perception is that the Indian assets vary between $900 million and $4 billion. I believe the amount would be somewhere in between.”

While Indian deposits may have shown a steady decline, the money held in Swiss banks by foreign depositors rose during 2014 to $1.6 trillion or Rs 103 lakh crore from about Rs 90 lakh crore at the end of 2013.

“From 2009, the Indian government has been highlighting this issue of black money without realising that the easiest thing to do is to close a bank account and transfer the money out,” says Bersier.

“Such a flight of capital has already occurred. Many of these deposits are known to have belonged to politicians which is why no government is forthcoming with the names of the depositors,” she adds.

Her belief is buttressed by the release of data from the Zurich-based Swiss National Bank confirming this trend. As per its latest data, the total Indian deposits held in Swiss banks at the end of 2014 included 1,776 million Swiss francs or Rs 12,350 crore (Rs 123.50 billion) held directly by Indian individuals and entities (down from 1,952 million Swiss francs a year ago), and another 38 million Swiss franc (down from 77.3 million Swiss francs at the end of 2013) through ‘fiduciaries’ or wealth managers.

State secretary for International Financial Matters Jacques de Watteville refused to hazard a guess about just how much money has been moved out of Swiss banks to be invested in Dubai or Singapore. “There are no official on the assets transferred out of Switzerland,” says Watteville.

Asked about the Indian names published in the Swiss Federal Gazette, Watteville says, “The publication of names of Indian account holders in the Swiss Federal Gazette is an internal Swiss legal procedure. Names are only published in the Federal Gazette as a last resort when there is no contact address in Switzerland for foreign residents who are affected by an administrative assistance request. The mere fact to have a name published does not prejudge the legal position of the person concerned.”

Does India need to establish a scheme to regularise offshore assets? “Our understanding is that the Indian government recently opened a ‘compliance window’ for taxpayers to regularise their situation,” says Watteville, referring to the government scheme whereby tax evaders can pay a penalty of 20 percent and get their black money regularised.

“Banking circles are aware that undeclared assets by Indians has been moved out,” says Nicolas Stepczynski, a Geneva-based banker and tax consultant with Berger Van Berchem et Cie. “Rich Indian families are already under great scrutiny by their government and therefore known to be very careful with their finances.”

Will the famed secrecy wall of Switzerland’s banking system finally show cracks? The Swiss Federal Council, Switzerland’s highest executive authority, recently declared that it is holding consultations with the Tax Administrative Assistance Act to ease practises with regard to stolen data.

For the present, Switzerland has refused to acknowledge leaked data as was the case of 600 Indian depositors at HSBC whose names were leaked by whistleblower Herve Falciani in 2006.

Falciani gave the list to the French government — who provided the information to the Indian government — rather than to the Swiss government because he felt it would not have investigated the matter further.

Bersier does not see too much emerging from the Federal Council consultations. “They are at a very early stage. Discussions have been held between the Swiss and Indian governments on the need to detect, recover and repatriate illegal deposits, but all the information available with the Indian government is based on stolen documents.”

“The key issue is what pressure the Indian government can exert on the Swiss government,” says Bersier. “The US threatened to close all Swiss banks operating in the US which led to the Swiss immediately signing a treaty with the US and UK. There are no Swiss banks operating in India.”

On the subject of the Automatic Exchange of Information between the Swiss and Indian governments expected to be operationalised by 2018, Bersier is equally cynical.

Erecting the AEOI platform is all very well, she feels, but it is too little too late. “By the time it becomes operational,” Bersier says, “all the illegal deposits will have been moved out. There are any number of countries where this money can be moved to.”

India has set up a Special Investigation Team headed by Justice B M Shah to look into the issue of black money. Justice Shah has welcomed the Swiss Federal Council’s approval of the bill to amend its laws to allow its government to share information with countries on the basis on what is perceived to be stolen data.

Detection and recovery of black money in foreign tax havens is a key concern of the Modi government.

 

India cites UN convention to help unearth black money

 

As Indian agencies look to bring back black money and ‘proceeds of crime’ stashed by individuals and companies in tax havens, the Narendra Modi government has drawn the attention of world leaders, including British Prime Minister David Cameron, to the UN Convention Against Corruption (UNCAC) which says that countries should extend cooperation in giving information on stolen or unaccounted assets.

India also pointed to the leaders and their representatives that nations should not hide behind bank secrecy laws when it comes to sharing information on “unaccounted money” lying in their banks and other financial institutions.

Representing India at the global Anti-Corruption Summit in London on May 11-12, central vigilance commissioner KV Chowdary , said, “Mr Prime Minister (David Cameron), India would like to stress that as stated in Article 51, the return of assets is a fundamental principle of UNCAC, and states/ parties must afford one another widest measures of international cooperation in facilitating quick return of stolen assets, including unaccounted assets and particularly assets in safe havens, to the countries of origin.”

Chowdary was accompanied by Enforcement Directorate chief Karnal Singh for the summit.

He said India will support the reporting on “tax information for large multinational enterprises” and that “India will take steps required for preventing corruption in government, its institutions and in businesses”. “We are also committed on the issue of return of unaccounted wealth from safe havens and for persistent and consistent efforts on asset recovery,” he said.

India’s statement in the summit said, “As advised by G20 and endorsed by the Doha declaration adopted at the 13th UN Congress on Crime Prevention and Criminal Justice, India advocates the extending of all assistance to the requesting States in identification, tracing, freezing, seizure, recovery and repatriation of assets.” “We firmly advocate that all State Parties should ensure cooperation in dissemination of information without any impediment of bank secrecy laws, to the requesting country,” said the statement.

 

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

 

Gabriel Zucman, the author of the 2015 book “The Hidden Wealth of Nations: The Scourge of Tax Havens,” estimates that $7.6 trillion is stashed in tax havens. This amounts to 8 percent of the world’s personal financial wealth. The author believes that if all of this illegally hidden money were properly recorded and taxed, global tax revenues would grow by more than $200 billion a year.

Interestingly, on April 3, 2016, the International Consortium of Investigative Journalists, leaked massive documents known as “Panama Papers” which reveal the shadowy world of hidden offshore finances of presidents and prime ministers. The biggest leak of financial data in history exposes the offshore holdings of 12 current and former world leaders and provides details of the hidden financial dealings of 128 more politicians and public officials around the world.

The German newspaper, Süddeutsche Zeitung (SZ), which worked on the leaked documents with the International Consortium of Investigative Journalists, said the data provides rare insights into a world that can only exist in the shadows. It proves how a global industry led by major banks, legal firms, and asset management companies secretly manages the estates of the world’s rich and famous: from politicians, FIFA officials, fraudsters and drug smugglers, to celebrities and professional athletes.

According to The Guardian, the Panama Papers are an unprecedented leak of 11.5m files from the database of the world’s fourth biggest offshore law firm, Mossack Fonseca. The documents show the myriad ways in which the rich can exploit secretive offshore tax regimes. The massive leak of confidential documents from a Panamanian law firm has shown how some of the world’s richest people hide assets to avoid paying taxes.

Among national leaders with offshore wealth are Nawaz Sharif, Pakistan’s prime minister; Ayad Allawi, ex-interim prime minister and former vice-president of Iraq; Petro Poroshenko, president of Ukraine; Alaa Mubarak, son of Egypt’s former president; and the prime minister of Iceland, Sigmundur Davíð Gunnlaugsson.

Pakistan Prime Minister Nawaz Sharif has formed a high-level judicial commission to probe any financial wrongdoing, a day after three of his children were named in the ‘Panama Papers’ for owning offshore companies prompting demands for an enquiry by the opposition. Documents on the ICIJ website said Sharif’s children – Mariam, Hasan and Hussain – “were owners or had the right to authorize transactions for several companies”. Punjab Chief Minister Shahbaz Sharif’s relatives Samina Durrani and Ilyas Mehraj have also figured in the documents examined.

Iceland’s prime minister, Sigmundur Davíð Gunnlaugsson, became the first major casualty of the Panama Papers, stepping aside from his office amid mounting public outrage that his family had sheltered money offshore.

A $2bn trail leads all the way to Vladimir Putin’s best friend Sergei Roldugin who is at the centre of a scheme in which money from Russian state banks is hidden offshore. A spokesman for Russian President Vladimir Putin told The Guardian that the media investigation into offshore accounts is motivated by “Putinphobia,” and that he has not been implicated in any wrongdoing.

Putin’s spokesman Dmitry Peskov said “it’s obvious that the main target of such attacks is our president,” and claimed that the publication was aimed at influencing Russia’s stability and parliamentary elections scheduled for September. He suggested the Washington-based International Consortium of Investigative Journalists, which co-ordinated the international investigation, has ties to the U.S. government.

Family members of at least eight current or former members of China’s Politburo Standing Committee, the country’s main ruling body, have offshore companies arranged though Mossack Fonseca. They include President Xi’s brother-in-law, who set up two British Virgin Islands companies in 2009. China’s foreign ministry dismissed reports of the leaks from the Mossack Fonseca database as ‘groundless accusations’. A Communist party censorship directive instructed news organizations to purge all reports, blogs, bulletin boards and comments relating to Panama Papers revelations.

Twenty-three individuals who have had sanctions imposed on them for supporting the regimes in North Korea, Zimbabwe, Russia, Iran and Syria have been clients of Mossack Fonseca. Their companies were harbored by the Seychelles, the British Virgin Islands, Panama and other jurisdictions.

Tax Havens

Jill Lawless of the Associated Press says there’s one part of the British Empire on which the sun still does not set: its tax havens. Britain’s former world dominance has left it with a string of tiny territories scattered around the globe, and many of them have become hubs for hiding money. Despite growing political pressure, shutting down these and other tax havens may be easier said than done, Jill said.

As Britain’s colonies gained independence after World War II, London encouraged several small Caribbean islands to become tax havens as a means to self-sufficiency. As a result, many of the world’s tax havens have British links, including overseas territories such as the British Virgin Islands, Bermuda and the Cayman Islands. The Channel Islands of Jersey and Guernsey off the French coast, which are possessions of the British Crown, have been havens for the wealthy and their money for almost a century.

More than half the 200,000 companies set up for clients by Panamanian firm Mossack Fonseca in the leaked files are registered in the British Virgin Islands, a British overseas territory in the Caribbean.

According to the BBC two broad qualifications for being a tax haven are to have a low or zero rate of income tax and guarantee the rich a cloak of secrecy they would not receive in their own country. They have also been used to cover up criminal activity.

Since 2009, many attempts have been made to crack down on abuses. More than 700 tax transparency deals have been signed globally. Places including Switzerland, the Channel Islands and Luxembourg have tightened the rules, but Panama and the British Virgin Islands are among those criticized for not doing enough. The Organization for Economic Cooperation and Development and the Group of 20 nations have persuaded more than 90 countries to share financial data in a bid to crack down on secret dealings.

Mossack Fonseca

The Panama Papers make it clear that major banks are big drivers behind the creation of hard-to-trace companies in the British Virgin Islands, Panama and other offshore havens. They list nearly 15,600 paper companies that banks set up for clients who want keep their finances under wraps, including thousands created by international giants UBS and HSBC.

Mossack Fonseca is one of the world’s top creators of shell companies, corporate structures that can be used to hide ownership of assets. The law firm’s leaked internal files contain information on 214,488 offshore entities connected to people in more than 200 countries and territories.

The offshore system relies on a sprawling global industry of bankers, lawyers, accountants and these go-betweens who work together to protect their clients’ secrets. These secrecy experts use anonymous companies, trusts and other paper entities to create complex structures that can be used to disguise the origins of dirty money.

The Mossack Fonseca law firm has worked closely with big banks and big law firms in places like The Netherlands, Mexico, the United States and Switzerland, helping clients move money or slash their tax bills, the secret records show.

Big U.S. firms hold $2.1 trillion overseas to avoid taxes

Not surprisingly, in October 2015, an economic study revealed that the 500 largest American companies hold more than $2.1 trillion in accumulated profits offshore to avoid U.S. taxes and would collectively owe an estimated $620 billion in U.S. taxes if they repatriated the funds.

The study, by Citizens for Tax Justice and the U.S. Public Interest Research Group Education Fund, found that nearly three-quarters of the firms on the Fortune 500 list of biggest American companies by gross revenue operate tax haven subsidiaries in countries like Bermuda, Ireland, Luxembourg and the Netherlands.

Apple was holding $181.1 billion offshore, more than any other U.S. company, and would owe an estimated $59.2 billion in U.S. taxes if it tried to bring the money back to the United States from its three overseas tax havens, the study said.

General Electric has booked $119 billion offshore in 18 tax havens, software firm Microsoft is holding $108.3 billion in five tax haven subsidiaries and drug company Pfizer is holding $74 billion in 151 subsidiaries, the study said.

“At least 358 companies, nearly 72 percent of the Fortune 500, operate subsidiaries in tax haven jurisdictions as of the end of 2014,” the study said. “All told these 358 companies maintain at least 7,622 tax haven subsidiaries.”

Fortune 500 companies hold more than $2.1 trillion in accumulated profits offshore to avoid taxes, with just 30 of the firms accounting for $1.4 trillion of that amount, or 65 percent, the study found.

In September 2015, a U.S. federal judge authorized the Internal Revenue Service to seek the names of Americans using accounts at two Belize banks.

 

 

US Corporate Tax Cheats Hiding $1.4 Trillion In Profits In Offshore Accounts

By Patrick Martin

 

A report issued Thursday by the British charity Oxfam found that the 50 largest US corporations are hiding $1.4 trillion in profits in overseas accounts to avoid US income taxes, much of it in tax havens like Bermuda and the Cayman Islands.

The biggest tax dodger is technology giant Apple, with $181 billion held offshore. General Electric had the second-largest stash, at $119 billion, enough to repay four times over the $28 billion GE received in federal guarantees during the 2008 Wall Street crash. Microsoft had $108 billion in overseas accounts, with companies like Exxon Mobil, Pfizer, IBM, Cisco Systems, Google, Merck, and Johnson & Johnson rounding out the top ten.

Overseas tax havens have been the focus of recent revelations about tax scams by wealthy individuals, based on the leak of the “Panama Papers,” documents from a single Panama-based law firm, Mossack Fonseca, involving 214,000 offshore shell companies. The firm’s clients included 29 billionaires and 140 top politicians worldwide, among them a dozen heads of government.

But the sums involved in corporate tax scams dwarf those hidden away by individuals. According to the Oxfam report, the offshore manipulations by the 50 largest US corporations cost the US taxpayer $111 billion each year, while robbing another $100 billion annually from countries overseas, many of them desperately poor.

The $111 billion a year in US taxes evaded would be sufficient to eliminate 90 percent of child poverty in America, effectively wiping out that social scourge. It is more than the annual cost of the food stamp program, or unemployment benefits, or the total budget of the Department of Education.

Oxfam timed the release of its report for the April 15 income tax deadline in the United States (actually Monday, April 18 this year), when tens of millions of working people must file their income tax returns or face federal penalties. Working people could face additional tax penalties of up to 2 percent of household income, to a maximum of $975, under the Obamacare “individual mandate,” if they have not purchased private health insurance.

There is a stark contrast between the IRS hounding of working people for relatively small amounts of money—but difficult or impossible to pay for those on low incomes—and the green light given to corporate tax cheats who evade taxation on trillions in income.

 

“As Americans rush to finalize tax returns, multinational corporations that benefit from trillions in taxpayer-funded support are dodging billions in taxes,” said Raymond C. Offenheiser, President of Oxfam America. “The vast sums large companies stash in tax havens should be fighting poverty and rebuilding America’s infrastructure, not hidden offshore in Panama, Bahamas, or the Cayman Islands.”

The Oxfam report, titled “Broken at the Top,” expresses concern that “tax dodging by multinational corporations…contributes to dangerous inequality that is undermining our social fabric and hindering economic growth.”

It continues: “This inequality is fueled by an economic and political system that benefits the rich and powerful at the expense of the rest, causing the gains of economic growth over the last several decades to go disproportionately to the already wealthy. Among the most damning examples of this rigged system is the way large, profitable companies use offshore tax havens, and other aggressive and secretive methods, to dramatically lower their corporate tax rates in the United States and developing countries alike.”

Oxfam collected figures available from the 10-K reports and other financial documents issued by the 50 largest US companies, covering the period since the Wall Street crash, 2008 through 2014, and presented them in an interactive table. The figures included total profits, federal taxes paid, total US taxes paid (including state and local), lobbying expenses, tax breaks, money held in offshore accounts, and benefits received from the federal government, including loans, loan guarantees and bailouts.

Among the most important findings:

* The top 50 companies made nearly $4 trillion in profits globally, but paid only $412 billion in federal income tax, for an effective tax rate of barely 10 percent, compared to the statutory rate of 35 percent.

* The 50 companies spent $2.6 billion to influence the federal government, while reaping nearly $11.2 trillion in federal support, for an effective return of 400,000 percent on their lobbying expenses.

* The overseas cash stashed by the 50 companies, nearly $1.4 trillion, is larger than the Gross Domestic Product of Russia, Mexico, Spain or South Korea.

* US multinationals reported 43 percent of their foreign earnings from five tax havens, countries that accounted for only 4 percent of their foreign workforce and 7 percent of foreign investment. All told, US companies shifted between $500 billion and $700 billion in profits from countries where economic activity actually took place to countries where tax rates were low.

* In the year 2012 alone, US firms reported $80 billion in profits in Bermuda, more than their combined reported profits in the four largest economies (after the US itself): China, Japan, Germany and France. This figure was nearly 20 times the total GDP of the tiny island country.

The Oxfam report also pointed to an estimated $100 billion in taxes evaded in foreign countries, many of them rich in natural resources extracted by such global giants as Exxon, Chevron and Dow Chemical. According to the report, “Taxes paid, or unpaid, by multinational companies in poor countries can be the difference between life and death, poverty or opportunity. $100 billion is four times what the 47 least developed countries in the world spend on education for their 932 million citizens. $100 billion is equivalent to what it would cost to provide basic life-saving health services or safe water and sanitation to more than 2.2 billion people.”

The report cited former UN Secretary-General Kofi Annan’s assessment that “Africa loses more money each year to tax dodging than it receives in international development assistance.”

Oxfam offered no solution to the growth of inequality and the systematic looting by big corporations that its report documents, except to urge governments around the world to close tax loopholes. The group also pleads with the corporate bosses themselves not to be quite so greedy. Neither capitalist governments nor the CEOs will pay the slightest attention. But the working class should take note of these figures, which provide ample evidence of the bankrupt and reactionary nature of capitalism, and the urgent necessity of building a mass movement, on a global scale, to put an end to the profit system.

 

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

 

Gabriel Zucman, the author of the 2015 book “The Hidden Wealth of Nations: The Scourge of Tax Havens,” estimates that $7.6 trillion is stashed in tax havens. This amounts to 8 percent of the world’s personal financial wealth. The author believes that if all of this illegally hidden money were properly recorded and taxed, global tax revenues would grow by more than $200 billion a year.

Interestingly, on April 3, 2016, the International Consortium of Investigative Journalists, leaked massive documents known as “Panama Papers” which reveal the shadowy world of hidden offshore finances of presidents and prime ministers. The biggest leak of financial data in history exposes the offshore holdings of 12 current and former world leaders and provides details of the hidden financial dealings of 128 more politicians and public officials around the world.

The German newspaper, Süddeutsche Zeitung (SZ), which worked on the leaked documents with the International Consortium of Investigative Journalists, said the data provides rare insights into a world that can only exist in the shadows. It proves how a global industry led by major banks, legal firms, and asset management companies secretly manages the estates of the world’s rich and famous: from politicians, FIFA officials, fraudsters and drug smugglers, to celebrities and professional athletes.

According to The Guardian, the Panama Papers are an unprecedented leak of 11.5m files from the database of the world’s fourth biggest offshore law firm, Mossack Fonseca. The documents show the myriad ways in which the rich can exploit secretive offshore tax regimes. The massive leak of confidential documents from a Panamanian law firm has shown how some of the world’s richest people hide assets to avoid paying taxes.

Among national leaders with offshore wealth are Nawaz Sharif, Pakistan’s prime minister; Ayad Allawi, ex-interim prime minister and former vice-president of Iraq; Petro Poroshenko, president of Ukraine; Alaa Mubarak, son of Egypt’s former president; and the prime minister of Iceland, Sigmundur Davíð Gunnlaugsson.

Pakistan Prime Minister Nawaz Sharif has formed a high-level judicial commission to probe any financial wrongdoing, a day after three of his children were named in the ‘Panama Papers’ for owning offshore companies prompting demands for an enquiry by the opposition. Documents on the ICIJ website said Sharif’s children – Mariam, Hasan and Hussain – “were owners or had the right to authorize transactions for several companies”. Punjab Chief Minister Shahbaz Sharif’s relatives Samina Durrani and Ilyas Mehraj have also figured in the documents examined.

Iceland’s prime minister, Sigmundur Davíð Gunnlaugsson, became the first major casualty of the Panama Papers, stepping aside from his office amid mounting public outrage that his family had sheltered money offshore.

A $2bn trail leads all the way to Vladimir Putin’s best friend Sergei Roldugin who is at the centre of a scheme in which money from Russian state banks is hidden offshore. A spokesman for Russian President Vladimir Putin told The Guardian that the media investigation into offshore accounts is motivated by “Putinphobia,” and that he has not been implicated in any wrongdoing.

Putin’s spokesman Dmitry Peskov said “it’s obvious that the main target of such attacks is our president,” and claimed that the publication was aimed at influencing Russia’s stability and parliamentary elections scheduled for September. He suggested the Washington-based International Consortium of Investigative Journalists, which co-ordinated the international investigation, has ties to the U.S. government.

Family members of at least eight current or former members of China’s Politburo Standing Committee, the country’s main ruling body, have offshore companies arranged though Mossack Fonseca. They include President Xi’s brother-in-law, who set up two British Virgin Islands companies in 2009. China’s foreign ministry dismissed reports of the leaks from the Mossack Fonseca database as ‘groundless accusations’. A Communist party censorship directive instructed news organizations to purge all reports, blogs, bulletin boards and comments relating to Panama Papers revelations.

Twenty-three individuals who have had sanctions imposed on them for supporting the regimes in North Korea, Zimbabwe, Russia, Iran and Syria have been clients of Mossack Fonseca. Their companies were harbored by the Seychelles, the British Virgin Islands, Panama and other jurisdictions.

Tax Havens

Jill Lawless of the Associated Press says there’s one part of the British Empire on which the sun still does not set: its tax havens. Britain’s former world dominance has left it with a string of tiny territories scattered around the globe, and many of them have become hubs for hiding money. Despite growing political pressure, shutting down these and other tax havens may be easier said than done, Jill said.

As Britain’s colonies gained independence after World War II, London encouraged several small Caribbean islands to become tax havens as a means to self-sufficiency. As a result, many of the world’s tax havens have British links, including overseas territories such as the British Virgin Islands, Bermuda and the Cayman Islands. The Channel Islands of Jersey and Guernsey off the French coast, which are possessions of the British Crown, have been havens for the wealthy and their money for almost a century.

More than half the 200,000 companies set up for clients by Panamanian firm Mossack Fonseca in the leaked files are registered in the British Virgin Islands, a British overseas territory in the Caribbean.

According to the BBC two broad qualifications for being a tax haven are to have a low or zero rate of income tax and guarantee the rich a cloak of secrecy they would not receive in their own country. They have also been used to cover up criminal activity.

Since 2009, many attempts have been made to crack down on abuses. More than 700 tax transparency deals have been signed globally. Places including Switzerland, the Channel Islands and Luxembourg have tightened the rules, but Panama and the British Virgin Islands are among those criticized for not doing enough. The Organization for Economic Cooperation and Development and the Group of 20 nations have persuaded more than 90 countries to share financial data in a bid to crack down on secret dealings.

Mossack Fonseca

The Panama Papers make it clear that major banks are big drivers behind the creation of hard-to-trace companies in the British Virgin Islands, Panama and other offshore havens. They list nearly 15,600 paper companies that banks set up for clients who want keep their finances under wraps, including thousands created by international giants UBS and HSBC.

Mossack Fonseca is one of the world’s top creators of shell companies, corporate structures that can be used to hide ownership of assets. The law firm’s leaked internal files contain information on 214,488 offshore entities connected to people in more than 200 countries and territories.

The offshore system relies on a sprawling global industry of bankers, lawyers, accountants and these go-betweens who work together to protect their clients’ secrets. These secrecy experts use anonymous companies, trusts and other paper entities to create complex structures that can be used to disguise the origins of dirty money.

The Mossack Fonseca law firm has worked closely with big banks and big law firms in places like The Netherlands, Mexico, the United States and Switzerland, helping clients move money or slash their tax bills, the secret records show.

Big U.S. firms hold $2.1 trillion overseas to avoid taxes

Not surprisingly, in October 2015, an economic study revealed that the 500 largest American companies hold more than $2.1 trillion in accumulated profits offshore to avoid U.S. taxes and would collectively owe an estimated $620 billion in U.S. taxes if they repatriated the funds.

The study, by Citizens for Tax Justice and the U.S. Public Interest Research Group Education Fund, found that nearly three-quarters of the firms on the Fortune 500 list of biggest American companies by gross revenue operate tax haven subsidiaries in countries like Bermuda, Ireland, Luxembourg and the Netherlands.

Apple was holding $181.1 billion offshore, more than any other U.S. company, and would owe an estimated $59.2 billion in U.S. taxes if it tried to bring the money back to the United States from its three overseas tax havens, the study said.

General Electric has booked $119 billion offshore in 18 tax havens, software firm Microsoft is holding $108.3 billion in five tax haven subsidiaries and drug company Pfizer is holding $74 billion in 151 subsidiaries, the study said.

“At least 358 companies, nearly 72 percent of the Fortune 500, operate subsidiaries in tax haven jurisdictions as of the end of 2014,” the study said. “All told these 358 companies maintain at least 7,622 tax haven subsidiaries.”

Fortune 500 companies hold more than $2.1 trillion in accumulated profits offshore to avoid taxes, with just 30 of the firms accounting for $1.4 trillion of that amount, or 65 percent, the study found.

In September 2015, a U.S. federal judge authorized the Internal Revenue Service to seek the names of Americans using accounts at two Belize banks.

 

PIL – Legal Prosecution of  Government officials , Public Servants  involved in Reliance  Scams

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

B . Loot of natural resources , telecom  spectrum  &  public property  in  India  and  illegal aid  to  those criminals by government officials.

2. Question(s) of Law:

Are  government  officials ,  telecom , petroleum , finance department officials  , police & revenue officials who aided  loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty  government  officials  and public servants .

4. Averment:

Give what action has been taken by government of india  or state governments  or other statutory bodies  against reliance industries  for it’s irregularities in telecom , oil sector , etc.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

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

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

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

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

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

Date :  28th November  2015………………………………Filed By : Nagaraja.M.R.

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

 

PIL – Legal Prosecution of officials involved in Bellary Mining Scam

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable Chief  Secretary , Government of Karnataka  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

B . Loot of natural resources in Karnataka state  and  illegal aid  to  those criminals by government officials. Read  Karnataka Lokayukta Mining scam report .

2. Question(s) of Law:

Are  forest officials , police & revenue officials who aided  bellary mining loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty police , revenue , forest officials.

4. Averment:

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY  GOVERNMENT OFFICIALS  MENTIONED  IN THE KARNATAKA LOKAYUKTA REPORT  submitted by Justice Santosh Hegde &  Shri.U.V.Singh ABOUT BELLARY MINING SCAM. IF NOT WHY ?  REASONS THEROF.

How many guilty government officials mentioned in the above report  got promotions , continuing in service making it easy for them to tamper evidences ?

What action against  public servants , officials who are hushing up the case & protecting the guilty ?

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

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

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

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

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

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

Date :  04th November  2015………………………………Filed By : Nagaraja.M.R.

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

 

Editorial :  Scams , Illegalities in  Trusts , CSR  Funds

   Trusts , Associations  are ideally formed , funded  by noble persons  to  work for achieving certain noble social objectives like education to deprived , health care to poor , etc. Ideally these trusts enjoy the faith , confidence of public and collect donations from them to achieve their stated objectives.

Of late , many NGOs , Trusts  are formed by  rich cunning people , corporate bodies solely to divert the black money. They lack accountability to the public , donors. Religious , charitable trusts  which are formed  to propagate religious preaching indulge in  business of establishing hi fi medical , engineering colleges earning donations to the tune of  millions of  rupees every year. Most of the financial transactions  of these trusts takes place by cash payments without proper documentation to by   pass legal scrutiny.

Many office bearers  / founders of these  trusts  treat  their trusts  as their personal fiefdoms and spend the resources of trust  for their personal hi fi lifestyles. Administrative expenses of these trusts are  much more than the expenses  made towards the  objectives of these trusts.  There are also possibilities of siphoning off money to illegal activities.

 

The tax exemptions given to these trusts by government are in essence a donation made by public exchequer  to the very same trust to the tune  of tax amount if enforced. Government also gives  land  at  concessional rates to these trusts , that subsidy amount is also a donation by public exchequer to the trust. So , naturally  functioning of  all religious , charitable , educational , political trusts must be brought under  the ambit of  RTI. A cap on administrative expenses of trusts must be enforced.  Office bearers of trusts  who violate  the  stated objectives of trusts must be  charged for public cheating & money must be recovered from them. Such trusts should be superseded and brought under the control of government.

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja.M.R.

 

 

PIL –  Scams in Public  Trusts

An  Appeal to Honourable Supreme Court of  India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO.         OF    2016

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable   Chief Secretary , Government of Karnataka  & Others

….Respondents

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

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:

Trusts , Associations  are ideally formed , funded  by noble persons  to  work for achieving certain noble social objectives like education to deprived , health care to poor , etc. Ideally these trusts enjoy the faith , confidence of public and collect donations from them to achieve their stated objectives.

Of late , many NGOs , Trusts  are formed by  rich cunning people , corporate bodies solely to divert the black money. They lack accountability to the public , donors. Religious , charitable trusts  which are formed  to propagate religious preaching indulge in  business of establishing hi fi medical , engineering colleges earning donations to the tune of  millions of  rupees every year. Most of the financial transactions  of these trusts takes place by cash payments without proper documentation to by   pass legal scrutiny.

Many office bearers  / founders of these  trusts  treat  their trusts  as their personal fiefdoms and spend the resources of trust  for their personal hi fi lifestyles. Administrative expenses of these trusts are  much more than the expenses  made towards the  objectives of these trusts.  There are also possibilities of siphoning off money to illegal activities.

 

The tax exemptions given to these trusts by government are in essence a donation made by public exchequer  to the very same trust to the tune  of tax amount if enforced. Government also gives  land  at  concessional rates to these trusts , that subsidy amount is also a donation by public exchequer to the trust. So , naturally  functioning of  all religious , charitable , educational , political trusts must be brought under  the ambit of  RTI. A cap on administrative expenses of trusts must be enforced.  Office bearers of trusts  who violate  the  stated objectives of trusts must be  charged for public cheating & money must be recovered from them. Such trusts should be superseded and brought under the control of government.

 
2. Question(s) of Law:

Why political trusts , religious trusts  lack public accountability ? are they above law ?
3. Grounds:
Requests for equitable justice.

4. Averment:

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

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

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

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

c. to  order all type of trusts to conduct their financial transactions  through banks only.

d. to order all type of trusts to make their functioning public and  to disclose their activities under RTI.

e. to order trusts  not to indulge in activities other than the stated objectives of trust and not to spend trust money  for the puroses other than mentioned in the objectives.

f. to put a cap on the administarative expenses , office bearers expenses of trusts.

g. to initiate criminal charges against the office bearers of trusts who have misused , diverted trust resources and recover such money from them with penal interest.

h. to supersede all the trusts which violate law and to bring thm under the control of government.

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

Dated :  13th  July 2016 …………………….FILED BY: NAGARAJA.M.R.

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

 

 

 

 

Donations Scam In  Educational Trusts

–          I-T  Department Exposes  scam worth crores

 

According to I-T officials, the operations were conducted mainly in Karnataka and Maharashtra (including Pune and Mumbai) that have clusters of universities and professional colleges.

 

Educational trusts that run professional colleges, primarily medical and engineering colleges, by collecting donations as high as Rs 1 crore have come under the Income-Tax (I-T) department’s scanner. The I-T department has raised Rs 100 crore in tax demand from some trusts in Mumbai, Pune, Hyderabad and Bengaluru for irregularities and misusing tax benefits meant for charitable trusts. According to I-T sleuths, several institutions were surveyed in the last two months, and, in a few cases, searches were conducted as well. The findings of the survey have been sent to the Special Investigation Team (SIT) on black money. “The total amount of the scam is not yet quantified,” said an official directly involved with the operation. A large chunk of unaccounted money, accepted as donations, is used for personal benefits, and, of course, do not get declared. This results in the generation of black money,” said the official.

 

According to I-T officials, the operations were conducted mainly in Karnataka and Maharashtra (including Pune and Mumbai) that have clusters of universities and professional colleges. The action follows the government’s move to curb black money generation within the country. The finance ministry is of the view that the bulk of black money is still within India. A senior I-T official said, “Investigations have revealed that several trust-run educational institutions accept donations for admissions and deposit them in multiple bank accounts. In some cases, demand draft/bank challans were purchased in favour of the trust president, and they used multiple challans to keep the amounts low.”

“Nobody can object to charity or donations, but, at the same time, when large sums get donated, it rings an alarm bell unless the payments are made by account payee cheques with the donor’s name and Permanent Account Number,” a former DGIT told dna. “Some of these institutions are owned by big corporates and industrialists. In certain instances, it was found that trusts were created to divert funds,” said another official.

Discreet investigations have revealed that there were 3-4 intermediaries, and, quite often, office-bearers of these colleges accepted donations in cash. Admissions to under-graduate and post-graduate programmes were the main focal points for such acceptance of cash donations and done with the knowledge of the president of the trusts.

“There are at 3-4 intermediaries in the entire process – right from office-bearers to trustee owners. The main concern is that, in all cases, co-operative banks are being used to channelise donations. Henceforth, involvement of banks will also be investigated,” said an investigating officer. It has also been observed that many institutions do not specify the sources of income in their income statement and balance sheets.

In many cases, permissions were not taken from the appropriate authority for leasing out property for educational programmes. No plot or land can be leased out for any other purpose than education and without special permission from the leasing authority.

“In a few instances, the trustees have shown demand drafts received as donation from parents but we found that these drafts were from the same bank branch, indicating that they were breaking up cash into smaller drafts and depositing part of the donations back to the accounts maintained by the trust,” said I-T officials.

According to I-T sleuths, trustees created ‘proxy students’ who would take admissions under the government quota, only to be auctioned by the college to the highest bidder. This practice is rampant in private medical institutions. The income of a charitable trust is exempt from I-T, according to the provisions of Section 11, 12 and 13 of the I-T Act. However, to avail of this exemption, the activities of such trust/society should fall within the definition of ‘charitable purpose’.

It is often a topic of dispute among tax authorities whether high-end educational institutions, providing modern and state-of-the-art educational aid, should be allowed to undertake activities that are charitable or commercial in nature

 

 

Government seeks to tighten regulations for charitable trusts

 

The proposal will have implications for the way trusts claim tax exemptions and receive anonymous donations

 

Budget proposals to tighten the regulation of charitable trusts and institutions will have major implications for the way trusts currently claim tax exemptions and receive anonymous donations, experts said.

Aiming to prevent the abuse of tax exemptions, finance minister Arun Jaitley’s budget last week introduced provisions that seek to end the practice of trusts claiming double tax benefits, or tax exemption even when the income is not being used for charitable purposes. The budget also sought to make it easier for the tax department to cancel the registration of such trusts. And in an attempt to check money laundering, the government changed the tax treatment to discourage anonymous donations received by charitable institutions and trusts.

In December, the income tax department was hauled up by the Comptroller and Auditor General (CAG) of India over the alleged misuse of tax exemptions by trusts, pointing to lapses in the registration process, allowance of exemptions during assessment, non-monitoring of surplus income accumulations and foreign contributions received by trusts. The national auditor had also named a number of trusts who it said were misusing tax exemption provisions.

Rahul Garg, leader, direct taxes at consulting firm PwC, said the budget proposals are aimed at enhancing the compliance and reporting requirements by these trusts and plug some of the loopholes in the current laws.

“There was a perception that the charitable institutions are able to indulge in tax evasion due to the varied interpretation of the existing laws. The amendments clearly spell out what the law is. It will also help in reducing litigation,” he said.

He added that the changes will also address fears of money laundering raised by the home ministry because of the way foreign funds were coming into some charitable institutions. According to the memorandum explaining provisions under the Finance Bill 2014, a registered trust or institution which avails the benefit of exemptions under a specific exemption provision in Section 11 of the Income Tax Act meant for charitable purposes, cannot simultaneously take benefit of the exemption provided under any other provision of the Act.

Also, provisions have been introduced to ensure that a trust which uses tax-exempt income for acquisition of assets, cannot claim double benefit by using a notional depreciation of such assets.

To be sure, Parliament has to pass the Finance Bill 2014 for it to become an Act.

Law firm Khaitan and Co. in a post-budget note, said the changes in regulations around charitable trusts and institutions are aimed at rationalizing the taxation regime and eliminating certain loopholes and ambiguities. The note pointed out that the powers of the commissioner of income tax to cancel the tax exemption certificate of an institution have also been widened.

A commissioner can cancel the registration certificate if the trust does not use funds to benefit the general public; or uses them for a particular religious community or caste; or if the income of the trust is used for the benefit of any trustees.

The government has also moved to amend provisions to discourage anonymous donations to universities, hospitals and other charitable organisations. At present, though only that portion of anonymous donation that exceeds 5% of the total donations is taxed at 30%, the trust or society gets the benefit of reducing its total income by the entire amount that has been anonymously donated.

However, as per the amendment, only that portion of the anonymous donation that is taxed is eligible for reduction from the total income.

 

 

Dirty  Money  in  Trusts

 

Money “laundering”

Only a fool holds dirty money in his own name. The world’s financial system offers safer and friendlier ways to hide the proceeds of crime. Shell companies–those with no real operations–are one, phoney trusts and foundations are another (see “Trusts: The weak link”).

Belatedly, life is getting a bit more difficult for tax evaders, money launderers and those who abet them. One big move–now backed by the British government–is to oblige limitedliability companies to give details of their real owners. This newspaper has argued in favour of such a duty: limited-liability status is a kind of public subsidy (if the firm goes bust, the shareholders are not responsible for its debts). It was never meant to be a means of concealing ownership. Yet in many places it is just that: only six of 69 jurisdictions surveyed last year by Eurodad, an anti-corruption network, required all types of firm to record beneficial-ownership information.

Spurred by complaints from the police, pressure from campaigners and public distaste for tax-dodgers, the British government wants not only to set up a proper registry of beneficial ownership, but also to make its contents public. If the detailed regime matches the promise, this will be an important breakthrough. But Britain should also coax its offshore dependencies into greater openness. Some are conscientious, others less so. Even official investigators can find it hard to get the information they need. America can do more to help, too: states such as Nevada apply scandalously little scrutiny to the identity of those forming companies. European governments are keen to collect more tax, but many have been less eager to make corporate ownership transparent.

Cleaning up corporate ownership will increase public confidence in the financial system. But it is only the start. The misuse of trusts and other non-corporate entities is also a big problem. These have proper purposes, such as managing charitable donations, ring-fencing employee pension plans, safeguarding assets for children or organising wills and bequests. But they too enjoy a legal advantage: they are a way of parking assets. That seems fine as long as the trusts pay tax on profits (just as companies do) and their beneficiaries pay tax on any disbursement or benefit (just as shareholders do).

Instead, trust law has become a murky world. In many places there is no rule that trusts must disclose their existence, let alone pay tax on their earnings. “Orphan assets”, no longer legally owned by the person who put the money into the trust but not yet belonging to the trust’s potential beneficiaries, offer plenty of room for abuse. Some trusts, revealingly, even have flee clauses, where the trustees are obliged to try to change the domicile of the trust if the tax police start asking questions. A structure that was set up to protect the wives of medieval crusaders has ended up being used by the sort of businesspeople who greet the Russian leader as “Vladimir”.

Swiss knives

Far better to concentrate on two simple rules. First, all trusts and foundations should be registered, just as companies are, and their beneficiaries, both actual and potential, should be disclosed. Second, the trustees and the beneficiaries should be legally responsible for reporting any disbursements or benefits, and for making sure the tax is paid on them. Both the European Union and America are tiptoeing in this direction, but Luxembourg, Switzerland and some micro-states are resisting. It would be much better if they worked together. Trusts are a useful vehicle–but not for dodgy goods.

 

How Indian companies are misusing public trusts to launder their CSR spending

The statutory corporate social responsibility (CSR) norms introduced two years ago were expected to revolutionise funding of social causes, but some sections of India Inc may now be abusing these for laundering of black money, according to sources privy to such transactions.

Some companies are using onhire charitable trusts to fabricate CSR spending, at least two sources who have helped craft and execute such transactions said. They spoke to ET on the condition of anonymity.

India is the first and only country to have statutorily mandated corporate social responsibility for certain class of companies but the law allows a lot of leeway. CSR spends disclosed by companies need not be vetted by statutory auditors unlike other spending. Moreover, financials of charitable trusts also come under little statutory scrutiny. This combination of factors has left the new CSR norms wide open for abuse.

“Such abuse in unlikely in trusts floated by companies themselves. But it is possible where they use external trusts,” says Rusen Kumar, founder director of IndiaCSR, a portal that collates information and developments on CSR from across the country.

According to one person, the modus operandi is simple. If a company is obligated to spend, say, Rs 10 crore on CSR, it writes out a cheque in favour of a trust that works in education, healthcare, environment protection or any of the activities specified by the government. The trust, after deducting its commission, discreetly returns the money in cash to the officials or promoters, instantly turning Rs 10 crore of white money into black. The middleman gets a cut as well.

“Often the promoter pockets the money,” says a chartered accountant who has also helped clients with such deals. Often set up by politicians or rich individuals, these trusts also serve as laundering mechanism for unaccounted money. For example, a politician would set up a trust to build an educational institution. CSR funds would flow into the trust through legitimate banking channels. These funds are returned to the promoters in cash and the actual expenditure on the institution is met with the politician’s illicit hoard. The expenditure is then inflated helping launder the black money.

At the end of the year, the trust gives a report to the company which it duly incorporates in its CSR reporting form called AOC-4. “Though the financials are part of the directors’ report which is audited by external auditors, the AOC-4 itself is not subject to external audit. It is a lacuna,” says Bhaskar Chatterjee, director general and CEO, Indian Institute of Corporate Affairs (IICA).

ET met a middleman who had just concluded two deals—one for a well-known listed company and another for a smaller firm. He said he had already done cash-back deals worth about Rs 40 crore this year.

.

How Indian companies are misusing public trusts to launder their CSR spending

.

 

This is the first year that the CSR norms have come into play. Rules under Section 135 of the Companies Act, 2013, mandate that any company with a net worth of over Rs 500 crore or annual revenue of Rs 1,000 crore or net profit of Rs 5 crore has to spend 2 per cent of the average profit of the previous three years on CSR activities.

Public trusts are a favoured route to launder money because they are not adequately governed or monitored. Though some states such as Maharashtra have their own law such as the Bombay Public Trusts Act, 1950, trusts are not governed by a nationwide law. If a state law doesn’t exist such as in Delhi, these trusts are governed by the Indian Trusts Act of 1882 that applies to private trusts. There is no centralized repository— like the registrar of companies for corporates—of information on public  trusts.

 

They file annual accounts with the charity commissioner in states where it exists. Elsewhere, like Delhi, the only annual filing is income tax returns. An income tax official told ET that unless there is specific information, these are rarely scrutinized. In short, operations of public trusts remain opaque IICA’s Chatterjee, who was instrumental in drafting the CSR law, says that there is no real system to track these trusts. “The law should be tightened to ensure that money reaches the people it is intended to. If there is any leakage it should be plugged.”

Finance minister Arun Jaitley recently wrote in a Facebook post that bulk of the black money is within the country. He is probably right, but it would take tremendous political will and legislative imagination to choke the black money pipelines.

 

Who funds India’s political parties? Report says most donors anonymous

 

 

 

It is the best known secret of Indian politics. And it comes as no surprise that India’s national, state and regional parties earned Rs.4,662 crore in the last seven years, mostly in form of donations and contributions, but there is a huge cover of secrecy and lack of transparency in who gave the money to them, a report released by two NGOs has claimed.

The report shows that the Congress has earned the most, Rs. 2,008 crore, between 2004 and 2011 and its annual income has gone up steadily. At number two is the BJP, which in the same period made Rs. 994 crore. Its finances too improved steadily in the same period.

The report analyses income tax returns of political parties and donation documents made available to the Election Commission. The NGOs, Association for Democratic Reforms (ADR) and National Election Watch (NEW), campaign for transparency in the finances and funding of political parties.

The NGOs say that there is no standardised format for political parties to declare their incomes. A major source of income for all parties is the sale of “coupons” instead of receipts. Voluntary contributions and donations are also on top of the list of sources of income. None of these, the NGOs’ report says, are transparent ways to making and declaring money.

To bring some transparency into political funding, the Representation of People Act of 1951 says that political parties must declare details of contributions of more than Rs. 20,000. This report though points out major loopholes, like parties declaring every single contribution ofRs. 20,000 made by any person at one time. But if several donations totalling to more than Rs.20,000 are made by one person or company in one year, then parties interpret it differently. That leaves them the option of breaking up donations into amounts less than Rs. 20,000.

The BSP (which is third on the list in terms of income) for instance, has shown an income ofRs. 172 crore in between 2009 and 2011 but not declared a single contribution of more than Rs.20,000. The CPM, which made almost Rs. 150 crore in that period, has shown only 1.39 per cent of contributions of more than Rs. 20,000. For the same period, Congress has shown 11.89 per cent and BJP 22.76 per cent.

The parties with highest “donations” are the Telengana Rashtra Samiti at 99.98 per cent and Lok Janshakti Party at 89.88 per cent.

The other major source of income for the major parties is also donations from corporate houses. The report has a list of which corporate house made how much donation and to which party. Most of them contribute to both the major national parties, the Congress and the BJP. For instance, the General Electoral Trust made a donation of Rs. 36.41 crore to Congress and Rs. Rs. 26.07 crore to BJP between 2004 and 2011. Torrent Power similarly gaveRs. 14.15 crore to Congress and Rs. 13 crore to BJP. And a lot of the companies are new ones involved in infrastructure like power, steel and construction, beating the traditional firms of Tatas and Birlas.

 

 

Why are political parties not under RTI ambit: Supreme Court asks Centre, EC

 

The Supreme Court on Tuesday sought responses from the Centre, the Election Commission and six political parties, including Congress and BJP, on a plea to declare all national and regional political parties “public authorities” to bring them under the ambit of the Right to Information (RTI) Act.

“Issue notice,” a bench comprising Chief Justice HL Dattu and justices Arun Kumar Mishra and Amitava Roy said.

The Association for Democratic Reforms, an NGO, has also sought a direction that the political parties be asked to declare all donations, including those below Rs 20,000 also.

Lawyer Prashant Bhushan, appearing for the NGO, contended that political parties were public authorities and hence amenable to the RTI Act.

The Central Information Commission, in its detailed order, had held that political parties were public authorities and hence should disclose the information under RTI Act.

“Political parties do not have to pay the income tax on the donations and, moreover, the donations below Rs 20,000 are not to be disclosed under the law by them,” the lawyer said, adding that these parties also controlled the legislature and the law-making process.

Earlier, the NGO had approached SC seeking transparency and accountability in functioning of recognised national and regional political parties.

It had claimed that the political parties received huge sums of money in form of donations and contributions from corporates, trusts and individuals but do not disclose complete information about the source of such donations.

In its plea, the NGO had urged the apex court to direct all national and regional parties to mandatorily disclose details about their income as well as expenditure.

It had also sought declaration of entire details of donations and funding received by the political parties, irrespective of the amount donated and details of donors making donations to them and to electoral trusts.

The petition had claimed that political parties enjoyed a stronghold over their elected MPs and MLAs under Schedule 10 of the Constitution that makes it compulsory for members of either Houses of Parliament or state legislatures to abide by the directions of their parties, failing which they stand to be disqualified.

 

 

RTI applicable to Trusts, institutions indirectly funded by govt

 

In a recent judgement, the State Information Commissioner Vijay Kuvalekar has said that Trusts or institutions that are not directly substantially funded by the government, but still indirectly receive funds to run schools, courses, colleges, come under the Right to Information (RTI), Act.

Kuvalekar, in his judgement said that indirectly, since the parent institute is getting the funds for institutes run by them, the RTI is applicable.

 
The judgement came in the wake of former member of Shikshan Prasarak Mandali (SPM), B B Jambhulkar who raised an RTI query with the SPM to get details on admission having cited corruption.

 
Jambhulkar said, “The SPM, however, denied to reveal the information as the SPM Trust was not funded by the government. Besides, I asked the Trust to give me details of the appointment of over 400 members of the Trust.”

 
The information commissioner, however, said that, “It is clear that the Trust is receiving funds to run other institutes as seen in the books of accounts. In such a case, it is liable to reveal any information as sought by the RTI applicant.”

 


Incidentally, the Income Tax department recently cancelled the registration of SPM as a charitable trust’. Jambhular had asked the query regarding a list of names of the students who have sought admission at Ramnarian Ruia college and R A Poddar college of Commerce and Economics, Mumbai. 

 

PILs Covered up by Supreme Court

 

Image result for reliance company images

Image result for reliance company images

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
– Mahatma Gandhi

 

 

 

 

Salary of Chief Justice of India Rupees  100000 per month & salary of  supreme court judge  Rupees 90000 per month plus  5 star heritage bungalow , 5 star air / train travel , 5 star health care facility , etc  all at tax payers expense

 

Hunger Deaths Malnutrition Deaths Poverty  Earning  Less than Rupees 32 per day

 

Honest  Hard Working Child Laborers Earning Less Than Rupees 32 per day

Corrupt Dishonest Criminal Public Servants Earning More than Rupees 5000 per day  Murderers of Justice

 

 Ill-gotten Wealth of  Corrupt Public Servants

 

Murderers of Justice Shame to You

 

 

 

 

Follow me at
http://www.facebook.com/people/Nagaraj-Mysore-Raghupathi/513253184 ,
http://www.amnesty.org/en/user/naghrw ,
http://twitter.com/naghrw  ,

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

 

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA

 

 

 

 

EDITORIAL :  WAKE UP  Corrupt  Judges & Police of India – Bapuji’s dandi march- the origin of civil dis-obedience  movement

Greetings  on the birthday of  our bapuji , Mahatma Gandhi on 02nd October.   Just hanging  photograph of Gandhi  in  office room  , court  hall or  police station  won’t serve any purpose.  Before gandhi’s  photo only many corrupt practices , injustices are enacted by public servants.  Many  of  our public servants , Judges  &  Police   are  even unfit  to sit before  Mahatma Gandhi’s photograph , let   alone  invoke  mahatma’s name during  speech or court ruling.  Let  those very  Judges & Police   first  learn to  follow ideals  of Mahatma Gandhi  in their  official  capacity  as  well as personal capacity. The public servants  enjoy luxuries ,  5 star non veg meals ,  alcoholic drinks   all at tax payers expense. These judges give judgements  running into  hundreds of pages with moral guidance , great quotes  to commoners , police  use filthy language , 3rd degree torture methods against  innocents , commoners  , when there are rich crooks , criminals  justice kowtows before  their feet.  No brilliance  , quotes of judges , no bravery , valour of police , why ?

Inspite of our repeated appeals  for justice ,  judges  are mum.

1.       Are judges not interested in   apprehending  criminals & recovering  crores of public money ?

2.       Are   judges not interested in apprehending  master minds behind  Late prime minister Rajiv Gandhi assassination ?

3.       Are judges not  interested  in   prosecuting  greedy , corrupt industrialists ?

4.       Are  judges not interested in  apprehending  greedy  , corrupt  industrialist  of RPG  enterprises ?

5.       Are  judges  not  interested  to  apprehend  criminals  within  RBI & BRBNMPL ?

6.       Are judges not interested to do their duties to protect fundamental , human rights of commoners ?

7.       Are judges not interested to do their duties , to legally prosecute their corrupt colleagues ?

8.       If  not , why those  judges & police are not quitting their jobs  , pave the way for a honest person ? 


It is on this day in 12/03/1930, mahatma gandhi led people to dandi in gujarath state,india , to peacefully protest against the atrocious, illegal tax levied by the occupiers-britishers on natural salt. This non-violent, civil dis-obedience movement soon became a mass movement throught india & shook the very foundations of the colonial british government . it is an important milestone in our freedom struggle.


Today, in india even after 1947’s  independence  commoner’s are yet to relish the fruits of independance. Criminals have occupied the seats of power , in their greed for power & money are violating the fundamental/human rights of commoners. The saving  grace is that still a few honest people are here & there in seats of power. We the commoners must come together & support those honest people in their endeavours. towards , this objective on this holy day   SOS e Voice for Justice   on web  was  born.


Let us build ram rajya of mahatma’s dream through non violent means within the existing democratic framework .that ram rajya is aptly described by poet shri. Ravindranath tagore as,


Where the mind is without fear & the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches it’s arms towards
perfection
Where the clear stream of reason has not lost it’s way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever widening thought and action
Into that heaven of freedom , my father
Let my country awake.


Jai hind. Vande mataram.

 

Your’s sincerely,

Nagaraja.M.R.

 

RELIANCE INDUSTRIES LIMITED – WHERE IS ACCOUNTABILITY?


Dear mukesh & anil ambani,


The reliance industries has always got a favourable treatment from the state & central governments.there are allegations that ,


1.years ago, the central government gave import concessions for import of certain raw materials of textile sector ,which hugely benefitted the P.F.Y & TEXTILE projects of your’s ie reliance industries.


2.the O.N.G.C which has painstakingly surveyed the oil & gas reserves & prepared a list of lists,gave that list & you got godavari basin oil & gas project from the government .O.N.G.C could have developed it & earned millions.


3.few months back you were charged both by the government & cellular operators (GSM) that you are giving S.T.D & ROAMING FACILITIES to your reliance phone subscribers.your’s was only a W.L.L. they even claimed that you are misusing a legal loophole & causing crores of losses to the government & other GSM operators. however while the issue was before the T.R.A.I, the trai legalized your actions by announcing unified licence for telecom operators.


4.now you are charged by the government of re-routing ISD CALLS as local calls,thereby causing crores of losses to the government & BSNL.this time also you may get the reprieve from the government. the government ,if a commonman does not pay his electric bills in time slaps interest & cuts down the electric supply immediately. however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like a SANTA CLAUS.


WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?
the TRAI announced unified licence regime in haste that too with retrospective effects.so all the charges against reliance were dropped. in the same vein as unified licence got retrospective effect , why not the government re-imburse the differece amount out of hefty fees collected from other cellular operators ? take the reliance fees as bench mark.anyway , finally commonman is the looser.

 

PIL – Legal Prosecution of  Government officials , Public Servants  involved in Reliance  Scams

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

B . Loot of natural resources , telecom  spectrum  &  public property  in  India  and  illegal aid  to  those criminals by government officials.

2. Question(s) of Law:

Are  government  officials ,  telecom , petroleum , finance department officials  , police & revenue officials who aided  loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty  government  officials  and public servants .

4. Averment:

Give what action has been taken by government of india  or state governments  or other statutory bodies  against reliance industries  for it’s irregularities in telecom , oil sector , etc.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

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

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

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

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

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

Date :  28th November  2015………………………………Filed By : Nagaraja.M.R.

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

 

 

10 things you should know about the Reliance KG-D6 gas deal

 

Reacting to Arvind Kejriwal’s presser where he said that an FIR will be filed against Mukesh Ambani, current oil minister Veerappa Moily and former oil minister Murli Deora over the gas pricing formula, Moily said that we should sympathize with his ignorance since kejriwal doesn’t know how the government functions. He reiterated that the norms were being followed and there is a system for fixing prices.

ALSO READ: Kejriwal orders FIR against Mukesh, Moily

So who is actually ignorant in this case? Were the norms actually followed or has Kejriwal raised some valid points.
ALSO READ:T N Ninan: One more! 

Here is a refresher and ready reckoner on the entire KG D6 gas basin controversy.

1) What is KG D6 basin?

Krishna Godavari (KG) Basin is spread across 50,000 sq km in the Krishna River and Godavari river basins near the coast of Andhra Pradesh. The site Dhirubhai-6 (D6) is where Reliance Industries discovered the biggest gas reserves in India. In government records, the 7,645 sq km block is known as KG-DWN-98/1. The KG basin is considered to be the largest natural gas basin in India.

2) How did Reliance Industries get into KG basin?

Government of India opened up hydrocarbon exploration and production (E&P) in the country to private and foreign players in 1991. Small and medium sized blocks were opened up in this round which was followed up by giving out bigger blocks in 1999 as per the New Exploration and Licensing Policy (NELP). Through NELP, Reliance bagged the rights to explore the D6 block.

3) Did government have a role after the block was handed over?

Since all mining resources belong to the people of India, government monitors the exploration and production of these. In the case of oil and gas sector, government enters into contractual relationship with the private player through a Production Sharing Contract (PSC). The PSC lays out roles and responsibilities of all parties, specifies the detailed procedures to be followed at different stages of exploration, development and production. It also specifies the cost recovery and profit sharing in the contract. Directorate General of Hydrocarbon (DGH) monitors the PSC. A PSC was signed between the government of India (GOI) and undivided Reliance Industries and its minority partner Niko Resources (10 per cent stake) for exploration and production of oil and gas.

4) What happened to KG D6 when the Reliance group split?

Even before production could start from the KG D6 wells, Reliance group was split vertically between the two brothers, with the gas business of Reliance Industries remaining with Mukesh Ambani, the elder brother. The brothers fought over this huge reserve of gas even though it was not theirs in the first place. The very first line of a production sharing contract clearly says that “By virtue of article 297 of the Constitution of India, Petroleum is a natural state in the territorial waters and the continental shelf of India is vested with the Union of India”.

The brothers while splitting their father’s empire split the gas reserves too. A family pact between the two brothers, which was never made public till the issue blew out of proportion, was at the core of the dispute. Anil Ambani owned RNRL (Reliance Natural Resources Ltd) citing the agreement by the brothers in 2005, claimed it had rights to gas from Reliance KG basin for 17 years at $2.34 per mmBtu (million British thermal unit).The Supreme Court finally settled the matter by saying that ‘the government owns the gas till it reaches its ultimate consumer and parties must restrict their negotiation within the conditions of the government policy’.

Here the role of the government needs to be highlighted. None of the ministries involved in the process, including the oil ministry which Moily now represents, raised the point that the gas reserves belonged to the country and was not a property of the Ambani family. Even the Prime Minister, ManMohan Singh meekly requested the brothers to settle their differences in the interests of the country.

But how did the Ambani brothers arrive at this magic figure of $2.34 per mmBtu when there was no benchmark. In fact ONGC was supplying gas to the government at half the rate.

5) How did Anil Ambani arrive at the price of $2.34 per mmBtu for KG basin gas?

In June 2004, National Thermal Power Corporation (NTPC) invited bids for supply of gas for its 2600 MW power plant in Kawas and Gandhar. Reliance Industries, hopeful of starting production of gas by the time NTPC’s power plant is ready bid for the project and was awarded it as the lowest ‘techno-commercial’ bidder. A Letter of Intent (LOI) was issued to Reliance Industries to supply 132 trillion units of gas per annum to NTPC for 17 years at a price of $2.34 per mmBtu. Anil Ambani used this as a basis for asking gas for his power plant.

6) Why is the NTPC-Reliance dispute all about? 

Reliance Industries refused to sign the contract for supply of gas. Jairam Ramesh, the Minister of Power in a written reply to a question in Lok Sabha in 2009 said that “After issuance of LOI, RIL did not come forward to sign the Gas Sale and Purchase Agreement and sought major changes in the draft GSPA.In spite of all the efforts (by NTPC) RIL did not sign the GSPA agreed during the bidding process.”

NTPC dragged Reliance to Bombay High Court on December 20, 2005 but unfortunately the case that has dragged on. The case after nine years is still sub judice. Here again the government’s disinterest in protecting the interests of its own PSU has been a matter of much debate.

While NTPC was fighting the case with Reliance in the Bombay High Court, the government referred the matter to an Empowered Group of Ministers (EGoM) in 2007 headed by none other than the current President Pranab Mukherjee, who was then the finance minister. EGoM approved a rate hike of $4.2 per mmBtu of gas. This decision was taken without a single unit of gas coming out of the KG basin.

Reliance grabbed at this opportunity and said that it could not supply gas at a price lower than the mandated price set by the government.

7) How did Pranab Mukherjee arrive at the price of $4.2 mmBtu for gas?

The price was arrived by Reliance through its ‘price discovery mechanism’. As per a Reliance crafter formula, user companies were asked to quote a price which gave them a choice of arriving at a value between $4.54 and $4.75 per mmBtu. Reliance initially forwarded a figure of $4.59 which was later brought down to $4.3, but Pranab Mukherjee claimed victory by announcing a figure of $4.2 per mmBtu.

The brazenness of the entire exercise by the government can be seen from the fact that the objections raised by the Principal Advisor, Power and Energy to the government of India, Surya P Sethi along with the then cabinet secretary were ignored by the government. Surya questions the recommendation saying that nowhere is the cost of production more than $1.43.

8) Is it exploration or exploitation?

A CAG report released in 2011 (initiated in 2007 but delayed due to non-co-operation) on Performance Audit of Hydrocarbon PSCs castigated the oil ministry along with Reliance to retain its entire KG-D6 block in contravention of the PSC. As per the PSC, Reliance should have relinquished 25 per cent of the total area outside the discoveries in 2004 and 2005, but the entire area was declared as a discovery area (after initial objections) and the company was allowed to retain it. Without drilling adequate wells, Reliance kept on claiming that there was potential for petroleum. In CAG’s words this was done to confuse potential/prospectivity with actual discovery of hydrocarbons. The move allowed Reliance to keep the entire area to itself without following the norms laid under the PSC.

In a recent report CAG has said that Reliance moved directly from discovery to commercial production, skipping the intermediate appraisal programme step required as under PSC. CAG asks, without an appraisal programme how did the government and DGH ascertain the amount of gas in the well? And if they did not know how much gas was there in the well, what is the logic and basis of blaming Reliance of hoarding gas. Further, as pointed out by CAG, how did DGH assure itself of reliability of the development plan, production rate and production costs without the appraisal report?

9) Why more investments are bad?

CAG pointed out that as per the PSC, more investments, especially in initial stages would mean more profit for the operator and less for the government. This structure gives inadequate incentive for operators to reduce capital expenditure and provides them with substantial incentives to ‘front-end’ capital expenditure. Share of government profit varies from 85 per cent in a low investment scenario to 5 per cent in a high investment scenario. This explains the case of exaggerated investment made against Reliance Industries.

Incidentally, as pointed out by V Ranganathan of IIM Bangalore in his article in Economic Times, the case of exaggerated investment was first pointed out by Anil Ambani, where he pointed out that investment as per Reliance’s plan is increasing four times but production is expected to only double. Reliance revised its production estimates from 40 mmscmd (million metric standard cubic metres per day) to 80 mmscmd while increasing its investment from $2.4 billion to $8.8 billion.

10) How was the new pricing formula arrived at?

Former RBI governor C Rangarajan came out with a formula which has been followed nowhere in the world, which has resulted in Reliance (and other players too) getting a price on import parity basis. Surya Sethi, former Principal Adviser, Power and Energy, Government of India does not mince words when he asks the Prime Minister in an open letter [Read here] not to burden the nation with Rangarajan Committee’s madness that only benefit a select few.

Conclusion

Sethi’s open letter to the Prime Minister sums up the entire issue when he points out that the CAG’s findings reveal how crony capitalism benefited RIL. The pre-qualification norms were diluted to ensure RIL qualified, the claimed size of gas discoveries, the field development plans and the investment outlays proposed escaped rigorous due diligence says Sethi. Above all, the company’s commitments under the PSC on gas output were not enforced.

The entire episode stinks of anything but natural gas. While Moily may claim that system was followed, there is enough evidence out there that says otherwise.

THE MEGA 4G SCAM BY GOVERNMENT AND RELIANCE

After the 2G spectrum allocation scam of the UPA Government, another major telecom scandal in the allocation of 4G spectrum (BWA) has come to light by the recent CAG report. In fact, AAP leader and senior lawyer Prashant Bhushan has filed a PIL in the Supreme Court seeking cancellation of Reliance Industries’ telecom license and a through criminal investigation. Supreme Court had issued notice to Government and Reliance on that petition on 9th May 2014.

The factum of the scam is this. The UPA Government in March 2013 allowed a back-door entry of Reliance Jio Infocomm into voice telephony in violation of the judgment of the Supreme Court in the 2G case. This was done at the price discovered in 2001 of Rs 1,658 crores for a pan-India licence, which is the same price that was struck down by the Supreme Court in the 2G judgment because of having caused a huge loss to the public exchequer.

During May-June 2010 the auctions for 3G and 4G were concluded. The 3G auction fetched Rs 16,750.58 crore for 5+5 MHz spectrum in 2100 MHz (or 2.1 GHz) band. Thus, per MHz price worked out to be Rs 1,675 crore. Immediately, after the 3G auction, the 4G auction began which fetched Rs 12,847.77 crore for 20 MHz pan-India license in the 2300 MHz (or 2.3 GHz) band. This works out to be Rs 642.39 crore per MHz. This was so because all documents stated that 4G spectrum was for data services only, whereas 3G spectrum can be used for both data and voice telephony.

Infotel Broadband Services Pvt Ltd (IBSPL) emerged as the only company to have acquired pan-India 4G spectrum. IBSPL had an internet license since November 2007 and had just one subscriber with revenue of Rs 16.28 lakhs during 2009-10, and its authorized share capital was Rs 3 crore and the paid up capital was Rs 2.51 crore. Infotel Digicomm Pvt Ltd (IDPL) held 99.99% share of the IBSPL at the time of submission of application in March 2010.

Within hours of completion of 4G auction on 11.06.2010, IBSPL increased the authorised share capital from Rs 3 crore to Rs 6,000 crore. On 17.06.2010, the company authorized its Board of Directors to allot 475 crore equity share of Rs 10 each to Reliance Industries Ltd (RIL) and 25 crore equity share of Rs 10 to Infotech Digicomm Pvt Ltd (IDPL) aggregating to the equity capital of Rs 5,000 crore. On the same day, the company also decided to change from a private company to Public Limited Company (Infotel Broadband Services Ltd). Thus, the company within a week of winning the 4G spectrum disposed off 95% shares to RIL while 5% was retained by IDPL. Much later in March 2013, the company was renamed as Reliance Jio Infocomm Pvt Ltd.

CAG has found that the Government did not protect its interest at the time of framing eligibility criteria for the 4G auction. It allowed participation of internet (ISP) licensees without ensuring adequate safeguards in terms of net-worth of the companies participating in the auction. It found that while a UAS licensee or even a new company without a license was allowed to participate in the 4G auction, but they had to pass through the test of net-worth in order to become eligible, but no such criteria was specified for the existing internet (ISP) licensees participating in 4G auction. CAG observed that this criterion was important even for ISP-A licensees as they had to participate in the bidding where the reserve price was fixed at Rs 1,750 crore per pan-India license for 20 MHz spectrum in 2.3 GHz band. The only company which won the pan-India 4G license, was an ISP-A licensee, Infotel Broadband Services Pvt Ltd (IBSPL), a HFCL promoted group company. CAG has stated that IBSPL was given the ISP-A license in November 2007, and it had just one leased-line subscribers as on December 2009 and total revenue of just Rs 16.28 lakh for FY 2009-10. The paid-up capital was just Rs 2.51 crore and 99.99 per cent of it was held by Infotel Digicom Pvt Ltd at the time of submission of application for the 4G auction in March 2010. Thus, this company could not be termed as a serious player. And there were no checks in-built in the auction process to eliminate such non-serious players, CAG has observed.

After the company was taken over Reliance Industries, the Government allowed it to provide voice telephony (which was earlier prohibited) without conducting a fresh auction. This was done at the rate of Rs 1,658 crore which was fixed in 2001, and had been struck down by the Supreme Court in the 2G case for causing huge loss to public exchequer. The CAG has now concluded that besides vitiating the auction process, an undue advantage of Rs 22,842 crore was given to RIL at the cost of exchequer. The relevant part of the CAG’s report is reproduced below: –

It was found that the basis of the decision i.e. payment of entry fee of Rs 1,658 crore by ISP licensee for a permission to Pan India provision of mobile voice services using BWA spectrum considered by the DoT Committee, Telecom Commission and the MOC&IT, was primarily intended to fill the gap between the eligibility criterion stipulated for participation in the 3G / BWA auction in 2010 as UAS / CMTS licensees had paid entry fee of Rs 1,658 crore while ISP licensees had paid only Rs 30 lakh.

The DoT Committee, Telecom Commission and the MOC&IT however ignored the fact that the quantum of entry fee i.e. Rs 1,658 crore was basically discovered in 2001 through the bidding for the 4th Cellular licenses. Market conditions since then have changed drastically, and this price needed to be modified to reflect the present value. Neither the DoT Committee / TC under the Chairmanship of the Secretary DoT nor the MOC&IT felt the need for revision of the price discovered in 2001 as the entry fee for UASL in 2013, even when the Hon’ble Supreme Court of India had cancelled 122 licenses granted in 2008 on the basis of the same entry fee stating that it was impossible for them to approve the action of the DoT.

Therefore, by permitting ISPs to provide mobile voice service using BWA spectrum won in 2010 auction post-auction, the government has brought ISP licensees with BWA spectrum at par with UAS / CMTS 3G spectrum winners so far as provision of services are concerned – Voice, Data, etc., and post auction interpretation of such vital nature would appear to be arbitrary, inconsistent and not appropriate. Hence, IBSPL, now Reliance JioInfocomm, appeared to have been accorded undue advantage of Rs 22,842 crore i.e. the difference of the proportionate prices for 20 MHz block size in 2.1 GHz spectrum band (3G spectrum) and 2.3 GHz spectrum band (BWA spectrum) plus the Net Present Value of the entry fee for UASL at the end of FY 2009-10 (Rs 20,653 crore plus Rs 3,847 crore – Rs 1,658 crore). Besides, the sanctity of the entire auction process has been rendered vitiated due to post auction interpretations and interventions after three years. It was therefore no surprise that Reliance JioInfocomm was among the first group of companies which applied for UL immediately after introduction of the scheme and obtained the Letter of Intent (LoI). Had the spectrum blocks been specified and declared as liberalised spectrum blocks i.e. open for all technology / services in the NIA in February 2010, there was no doubt that bidders would have taken informed decision for putting up their bid and the market discovered price would have been significantly different for 3G and BWA spectrum.

Therefore, the Aam Aadmi Party demands the NDA government to immediately cancel the telecom license and allotment of 4G spectrum given to Reliance Industries and also a registration of an FIR by the CBI for a through criminal investigation into this scam involving Reliance Industries and the UPA Government.

Petroleum Ministry document leak: It’s a Rs 10,000 cr scam, claims accused Santanu Saikia; R-ADAG office raided

The dramatic claim comes after police arrested five senior executives from top energy firms and two consultants, including Sanatnu Saikia in the Petroleum Ministry ‘leak’ case.

A key accused in the corporate espionage case today claimed that it was a Rs 10,000 crore scam that he was trying to uncover as police said documents seized from corporate executives related to “national security” that can attract Official Secrets Act provisions.

Meanwhile, a local court remanded the five arrested corporate executives in police custody till February 24 for further questioning. Delhi Police also conducted raids here and in nearby Noida looking for stolen documents from offices of petroleum companies.

Santanu Saikia, a former journalist, now running an energy consultant running a website, claimed to reporters outside an Crime Branch office that it was a Rs 10,000 crore scam, which he was trying to uncover. “Please quote me,” he said as policemen took him in for interrogation.

Reacting to his claim, Petroleum Minister Dharmendra Pradhan said Saikia was saying such things for covering up his own defence.

“Let him spill out all the information he has. The primary accusation is that somebody stole the papers from the ministry. Police is investigating. Anybody has the right to tell everything to the police,” he said.

Pradhan said police is doing an independent job and everything will be clear after investigation. Law will take its course, whoever they may be, he said when asked about the arrest of executives of private companies.

Producing the five corporate executives arrested yesterday before Chief Metropolitan Magistrate Sanjay Khanagwal, the police said, “National interest was taken for a ride in the case.

“Documents related to national security have also been recovered. This may attract charges under the Official Secrets Act.”

The five–Shailesh Saxena from RIL, Vinay Kumar from Essar, KK Naik from Cairns, Subhash Chandra from Jubilant Energy and Rishi Anand from Reliance ADAG–who were produced in the court in police custody till February 24 for further questioning.

The police told the court that they have to consult the concerned ministries regarding the documents which have been recovered from the possession of the accused and their custodial interrogation was required to confront them with the same.

These five accused were procuring these sensitive documents at the behest of their senior officials, some of whom might be interrogated in the ongoing investigation, police said.

The advocates appearing for these five accused vehemently opposed the police’s plea seeking five days police custody, contending that their clients have been illegally detained since February 18 and 19.

The defence counsel also contended that there was nothing to be recovered from their clients and the police have not told the court regarding the specific allegations against these accused.

With the arrest of these five accused, the total number of arrests in the case rose to 12. Seven others were produced in the court yesterday out of whom four were sent to police custody till February 23 and three were remanded to judicial custody for two weeks.

Police sources said that Subhash Chandra, a senior executive with Jubilant Energy, who was arrested along with four other top officials of energy companies yesterday, was taken to Jain’s office in the morning.

After searching Jain’s office, the police team took him to the Noida office of Jubilant Energy. His office and some other rooms were searched by the police to recover stolen documents.

Office of another petroleum company whose executive was also one of them arrested was also raided by the police. Laptop and computers of the arrested officials have been seized by investigators which would be sent for forensic analysis.

Asked about the issue, Delhi Police Commissioner B S Bassi said, “We have searched places which were necessary for the course of investigation. We may further raid places as our aim is to reach the bottom of the whole thing.”

The police chief also said that investigation is on in the case and it will end only when a charge sheet will be filed.

“We need to know since how long this has been going on and who all benefited from it,” said a senior official.

According to police, all these company executives allegedly received stolen documents which have been recovered by police teams during raids from their establishments.

Saxena is Manager, corporate affairs, Reliance Industries Limited(RIL); Chandra is senior executive, Jubilant Energy; Anand is DGM, Reliance ADAG; Vinay is DGM, Essar and Naik is GM, Cairns India.

They have been booked under IPC sections 120 B (criminal conspiracy) and 411 (dishonestly receiving stolen property).

The case FIR, produced in a local court yesterday said an input on the National Gas Grid for the Finance Minister’s Budget speech of 2015-16 is among the various “secret” documents recovered from the accused.

The office of Reliance ADAG group at a premier five-star hotel here was also raided today by police in this connection.

“We are basically looking for the stolen documents from the establishments linked to the 12 people we have arrested so far. Searches are being conducted at various places in Delhi and NCR,” said a senior police official associated with the probe.

The raids have been confined to this region and not being carried out “across the country” as was speculated, he added.

Sources, meanwhile, said that police had also stumbled upon another module operated separately from the those arrested so far and their ‘area of operation’ was another plum ministry.

They added that a junior level officer and some more corporate executives are under scanner in this connection and arrests are expected by Monday.

KG basin controversy: SC seeks response from Reliance


The Supreme Court on Friday granted six weeks time to Mukesh Ambani’s Reliance Industries Ltd (RIL) to respond to the final CAG report, which found alleged irregularities including in payments made to the contractors on drilling of D6 wells at the Krishna-Godavari basin.

The apex court posted the next hearing for March 20 during which it would examine the RIL’s response to the CAG report that had sought disallowance of $357.16 million (about Rs 2,179 crore) expenditure RIL incurred on drilling of wells and payments to contractors in KG-D6.

Solicitor General Ranjit Kumar said the Centre can make comments on the Comptroller and Auditor General (CAG) recommendations and findings only after getting the report of the Parliament’s Public Account Committee which is examining it.

The order was passed during a brief hearing of petitions filed in 2013 by senior CPI leader Gurudas Dasgupta and NGO Common Cause, challenging the then UPA government decision to double the price of natural gas from $4.2 to $8.4 per mmbtu and seeking cancellation of RIL’s contract for exploration of oil and gas from the KG basin.

The third PIL on the issue has been filed by advocate M L Sharma. A bench headed by Justice T S Thakur also allowed Dasgupta and other petitioners to file their response to the NDA government’s fresh guidelines which would “supersede” the earlier UPA dispensation’s policy on price fixation for natural gas, including that from KG basin, which has been the bone of contention between the Centre and RIL.

The Solictor General on November 14, 2014 had said before the bench, which also comprised justices J Chelameswar and Kurian Joseph, that the ‘new domestic natural gas policy’ was approved by the government on October 18 raising natural gas price to $5.61 per mmbtu from November 1 and had said that “recommendation of the Rangarajan Committee would not be given effect”.

The Rangarajan formula on gas pricing was approved by the previous UPA government. Rangarajan was Chairman, Economic Advisory Council to the then Prime Minister.

In its second audit of RIL’s eastern offshore KG-D6 block, the CAG on November 28, 2014 recommended disallowing the company from recovering $279.8 million in cost of three wells as well as a part of expenditure the firm had incurred in area which was improperly declared discovery area.

The CAG, in its report tabled in the Parliament, found irregular payment of $427.48 million to contractors, of which it sought disallowance of at least $77.36 million cost. Earlier RIL’s senior advocate Harish Salve had said “he is not happy with the new guidelines (on gas pricing)”.

While the Centre has maintained that the issue raised by Dasgupta has been addressed with the new guidelines, advocate Prashant Bhushan, appearing for the NGO, had said several other issues needed to be argued.

He had said that the draft CAG report itself suggested that RIL “hugely over-estimated” the reserves of the KG gas block and other irregularities are cited.

Among the other issues, the NGO has alleged that fraud was committed by RIL requiring government to take back the field and there was a need for court-monitored probe on the issue.

Dasgupta and the NGO had said government should be asked not to make “any further increase” in the price of gas produced by RIL from KG basin.

RIL has refuted the allegation of extraneous consideration for the increase in the gas price from $4.2 to $8.4 per mmbtu for the gas taken from the existing fields like KG D-6 basin. RIL had submitted that the gas output from KG basin has fallen to 8 mscmd against expected 80 mscmd due to “technical reason”.

M Veerappa Moily, the then Union Minister of Petroleum and Natural Gas, was also named as one of the respondents in the petitions. The PILs have also sought imposition of penalty on private parties for failure in adhering to commitments.

The petitioners have sought a direction for a thorough audit by CAG of the working of the production-sharing contract (PSC) governing KG block, gold plating by RIL, underproduction by RIL and all related issues.

The former CPI MP had alleged collusion between the government and the company, saying RIL “is holding country’s energy security to ransom”. He also said that natural resources belong to the citizens and the government.

The Common Cause has supported Dasgupta’s arguments and referred to controversial intercepted telephonic conversations between former corporate lobbyist Niira Radia with others to support the allegation of collusion.

The NGO has urged that Centre should wait for the outcome of the two petitions pending before the apex court.

 

Kejriwal trains his guns on Reliance Industries Limited ( RIL ), wants gas pact cancelled

Kejriwal attributes Jaipal’s ouster to his refusal to carry out Mukesh Ambani’s diktat
India Against Corruption on Wednesday launched a scathing attack on the NDA government as well as the Manmohan Singh government for protecting the interests of corporates, especially Reliance Industries Limited (RIL). It demanded that the government’s contract with RIL be scrapped as the Mukesh Ambani’s company allegedly cut down on production from its KG D6 gas- field to gain huge profits after the proposed gas price revision.
Linking the shifting of Jaipal Reddy from the Petroleum and Natural Gas Ministry to his refusal to follow RIL’s diktat to revise the price before the scheduled deadline of April 2014, IAC leader Arvind Kejriwal said Mr. Reddy was shunted out as he refused to bow to RIL, arguing that a price revision would fetch the company an additional profit of Rs. 43,000 crore.
“Mr. Reddy had prepared a note for the Empowered Group of Ministers (EGoM), in which he mentioned that acceptance of RIL’s demand would mean an additional profit of Rs. 43, 000 crore [to the company]. Most of this gas is used in power and fertilizer production. Increasing the gas price would mean an additional financial burden of Rs. 53,000 crore on the Central and State governments. This would in turn mean higher power and fertilizer prices… or a higher subsidy burden on the taxpayer,” Mr. Kejriwal said in his third expose, after targeting Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari.
Mr. Kejriwal, who addressed journalists, along with Supreme Court lawyer Prashant Bhushan, said that in 2006, it was Mani Shankar Aiyar who got the axe and Murli Deora was brought in to allow RIL to increase capex from $2.39 billion to $8.8 billion and to increase the gas price from $2.43 per Million Metric British Thermal Units (mmBtu) to $4.2 mmBtu. “We demand that the contract with RIL for the KG D6 be scrapped immediately and the state-run companies like ONGC be given the block for future production. The government should immediately put in place adequate systems to get full production from the KG D6 at the cheapest prices for the country and its people.”
Mr. Kejriwal said that under RIL’s contract, the company was supposed to sell gas at $4.2 per mmBtu until March 2014. But midway, the company wanted the price increased to $14.2 per mmBtu.
Mr. Kejriwal and Mr. Bhushan alleged that to pressure the government to revise the gas price, RIL had substantially reduced production for over the past one year. The total consumption in the country stood at 156 Million Metric Standard Cubic Metre Per Day (mmscmd). RIL was supposed to produce 80 mmscmd from 2009. However, it was turning out just 27 mmscmd. “Production was being artificially kept low to blackmail the government. They are not just hoarding gas but also forcing various consumers to buy gas from abroad. Gas from abroad costs $13 per mmBtu, and if RIL’s demand for increasing the gas price is accepted, it will lead to the shutdown of several gas-based power plants and an increase in power and fertilizer prices. It will result in Rs. 43,000 crore of additional benefits to RIL.”
Mr. Kejriwal said the drastic reduction in gas production forced many gas-based power plants to shut down or run with a reduced capacity. “Today, power from a gas-based power plant costs Rs. 3 a Kwh (Kilowatt hour). If the gas price is increased from $4.2 to $14.2 as demanded by RIL, power rates will go up to Rs. 7 a Kwh. “We urge the people of this country not to allow the government to pass the huge benefit to RIL and [to] flood the Petroleum Ministry and its new Minister, Veerappa Moily, with RTIs [Right to Information questions] … so that he does not dare to undertake any revision. We should not allow this government, which changes Ministers at the instance of Mr. Ambani, to work at the direction of RIL.”
Mr. Kejriwal played the clippings of tapes, involving conversations between corporate lobbyist Niira Radia and Atal Bihari Vajpayee’s son-in-law Rajnan Bhattacharya. “First, the NDA regime favoured RIL in the structuring of the deal in 2000, and various modifications were made thereafter.” Citing the CAG’s report on the KG D6, he alleged that the motivated structuring of the contract could cost the exchequer up to Rs. 1 lakh crore.
He said RIL had signed a contract with state-run NTPC in 2004 to supply gas for its power plants at $2.34 per mmBtu. However, the company backed out of the deal, and the matter was in court. “UPA I or UPA II did not deem it fit to vigorously take up the case of NTPC against RIL, but worked in a proactive manner to get the price revised for RIL gas. The EGoM, headed by the then Finance Minister, Pranab Mukherjee, revised the gas price to $4.2 per mmBTU, and by doing so, it gave RIL an undue benefit of Rs. 8,000 crore. 

 

Kejriwal’s latest: Reliance blackmailing govt, Mukesh Ambani running India

NEW DELHI: S Jaipal Reddy was axed as petroleum minister for refusing a Mukesh Ambani-led Reliance Industries’ proposal to hike charges of gas it supplied to state-run power plants, India Against Corruption’s Arvind Kejriwal charged on Wednesday, demanding that the Krishna Godavari basin allotted to the company be taken back.
“Mukesh Ambani is running the country it seems,” Kejriwal told the media here. “Jaipal Reddy was removed as he refused to hike the charges levied by Reliance Industries to supply gas to the NTPC (National Thermal Power Corp).”
Reliance called the charges “irresponsible”.
According to Kejriwal, the KG basin was awarded to Reliance in 2000 by the NDA government when the company agreed to supply gas to the NTPC for the next 17 years at $2.34 per unit.
But, said Kejriwal, the company revised the rate to $4.25 per unit in 2007 which then finance minister Pranab Mukherjee agreed to as the head of an empowered group of ministers.
“The entire contract was meant to benefit Reliance because … the cost would be determined by the company, and if the cost increases, so will the profit,” he said, adding this was unheard of in business.
The company, he said, revised the rate to $4.2 per unit in 2007, which then finance minister Pranab Mukherjee agreed to as head of an empowered group of ministers, benefiting Reliance to the tune of Rs.10,000 crore.
Kejriwal alleged that in 2006 then petroleum minister Mani Shankar Iyer was removed and Murli Deora brought in to increase Reliance Industries’ capital expenditure from $2.39 billion to $8.8 billion, and to hike gas price from $2.34 per unit to $4.2 per unit.
Later, the company wanted the rate further hiked to $14.2. Jaipal Reddy, who reportedly did not agree to the proposal, was shunted out in Sunday’s cabinet rejig, said the activist-politician.
Kejriwal released to the media a “secret” document of the petroleum ministry that said that accepting the Reliance demand would generate for it an additional profit of Rs 43,000 crore ($8.5 billion).
“In order to pressurize the government, RIL substantially reduced its production of natural gas,” a statement from India Against Corruption said.
“Production has been artificially kept low to blackmail the government. They are not just hoarding the gas but also forcing various consumers to buy gas from abroad.”
When Reliance sought Prime Minister Manmohan Singh’s intervention, he asked the attorney general to find out if the gas prices should be hiked or not.
“Why did the PM not show similar concern when NTPC was forced to accept higher gas price from RIL? Why is the PM not pulling up Reliance for not producing gas as per their commitment? Why did the PM not seek legal opinion when the country’s interests were at stake?”
Kejriwal, who was flanked by fellow activists Prashant Bhushan and Manish Sisodia, demanded that Reliance Industries’ “blackmailing” should be immediately stopped.
“Their KG Basin contract should be cancelled. The government should immediately put in place adequate systems to get full production from KG Basin at the cheapest price for the country.”
The Bharatiya Janata Party (BJP) asked the prime minister to respond to IAC and explain why Jaipal Reddy was dropped from the petroleum ministry.
“Is it any malfunction in the ministry that has persuaded Manmohan Singh to effect this change? Or is that Jaipal Reddy was not found a ‘convenient’ minister? Or is this another example of corporate interests taking precedence over national good?” BJP leader Jaswant Singh asked.
After taking on Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari, anti-corruption activist-turned-politician Arvind Kejriwal on Wednesday charged Mukesh Ambani, India’s richest man and chairman of Reliance Industries Limited (RIL), with getting undue
related stories
• Cong slams IAC over RIL allegations, questions source of funding
• RIL denies IAC allegations, says chargess made at ‘behest of vested interests’
• BJP to govt: Was Jaipal shifted to benefit RIL?
favours from the government over a contract to develop natural gas fields.
The allegations pertain to RIL’s D-6 block in the Krishna Godavari (KG) basin, India’s largest gas producing field off the eastern coast in Andhra Pradesh, which is being jointly developed by RIL and its partners, Britain’s BP and Canadian firm Niko Resources.
Kejriwal and his colleague, lawyer Prashant Bhushan, termed the deal a “classic case of crony capitalism” and said both the BJP-led National Democratic Alliance (NDA) and Congress-led UPA (United Progressive Alliance) governments were responsible for RIL getting this contract.
The contract, signed in 2000 by the then NDA government, according to Kejriwal, would rob the national exchequer of revenues to the tune of Rs. 45,000 crore if RIL’s demands for a higher price for its gas were met.
The government has not decided yet on a demand by RIL to raise the price of gas from the field to $14.25 per unit from $4.25, the subject of a long-running controversy.
In a brief statement, RIL dismissed the charges as being “devoid of any truth or substance”.
“Irresponsible allegations made by IAC at the behest of vested interests without basic understanding of the complexities of a project of this nature do not merit a response,” it added.
Petroleum minister Veerappa Moily refused to comment.
“I have better things to do,” he said.
“I don’t want to respond.”
The press conference also witnessed high drama when a Congress worker wanted to question Kejriwal, but was heckled by camerapersons and IAC volunteers, and forced to leave the venue.
Kejriwal based his attack on the government and RIL on the so-called ‘Radia tapes’, a collection of phone taps from between 2007 and 2009 in one of which someone thought to be former prime minister Atal Behari Vajpayee’s son-in-law Ranjan Bhattacharya is heard telling RIL and Tata Group’s corporate lobbyist Niira Radia that Ambani had told him that “Congress to apni dukaan hai”.
The unearthing of the Radia tapes had triggered accusations of corporate influence in the distribution of ministers’ portfolios in the UPA’s second term.
On Wednesday, Kejriwal gave this accusation fresh legs by linking Jaipal Reddy’s removal from the petroleum ministry on Sunday to his run-ins with RIL over the pricing of gas.
He also gave a populist spin to his allegations by linking the government’s restriction on the supply of cheap LPG cylinders to the public to the high profits being allowed to RIL.
“We want to know why the PM’s heart beats only for RIL. Why did he not seek the attorney general’s opinion when NTPC was not getting gas at cheap rates?” Kejriwal said.
State-run National Thermal Power Corporation (NTPC) had sought cheaper gas to fire its power plants.
* In 2006, Mani Shankar Iyer was removed and Murli Deora brought in to increase RIL capex from $ 2.39 billion to $ 8.8 billion and to increase gas price from $2.34 per mmBTU to $ 4.2 per mmBTU
* In 2012, Jaipal Reddy has been removed and Moily brought in to increase gas prices from $ 4.2 per mmBTU to $ 14.2 mmBTU and to condone RIL’s blackmailing of reducing gas production
* Both BJP and Congress involved. BJP signed a sweet deal with RIL in 2000. Congress faithfully implemented it
* If RIL demand of increasing the gas price to $ 14.2 is accepted, it would lead to shut down of several gas based power plants and increase in power and fertilizer prices
* By this deal, RIL would benefit by an additional Rs. 43,000 crore
* In Nira Radiia tapes, Ranjan Bhattacharya (Vajpayee’s son in law) is heard telling Nira that Mukesh Ambani told him –“Congress to ab apni dukaan hai”
* Huge benefits given to RIL in last one decade despite flagrant violations of various agreements by RIL. Benefits to RIL causing serious price rise in the country.
* “In order to pressurize the government, RIL substantially reduced its production of natural gas. Total consumption of natural gas in the country is 156 mmscmd. According to agreement, RIL was supposed to produce 80mmscmd (more than 50% of the total demand) from 2009.”
* “RIL got this contract during NDA regime in the year 2000. The contract was meant to favor RIL right from the beginning. In any business, increase in costs means decrease in profits.”
The IAC press release alleged that performance of RIL so far has been much worse than perhaps the worst performing government department.
1. 4 times cost escalation within 2 years from $ 2.39 billion in 2004 to $ 8.8 billion in 2006.
2. Increase in gas price from $ 2.34 per mmBTU in 2004 to $ 4.2 per mmBTU in 2007 to the present demand of $ 14.2 per mmBTU.
3. Capacity created for producing 80 mmscmd after incurring such a huge cost ends up producing just 27 mmscmd after 12 years.
4. 31 oil wells should have been in production till now. Out of them, just 13 are functional.
Kejriwal and lawyer Prashant Bhushan, a leading member of IAC, alleged the allocation of KG Basin to Reliance is on similar lines as coal block allocation scam. They alleged both Congress and BJP were in ‘Ambani’s pocket’.

 

REAL STORY OF Late DHIRUBHAI AMBANI of Reliance Industries
http://www.scribd.com/doc/3924530/Polyester-PrinceThe-Real-Story-of-Dhirubhai-AmbaniBanned-in-India  

Another Major Scam : Govt. Favours Reliance In KG Basin

The CAG draft report that nails the connivance between Government agencies and Reliance Industries Ltd. leading to huge losses to the Government exchequer is yet another example of the power of corporates in the UPA Government to subvert rules and regulations in their favour.
The CAG has noted that the former Director-General of Hydrocarbons (DGH) permitted Reliance to inflate its “development costs” on the gas extraction in the D6 block of KG basin from 2.47 billion dollars to a whopping 8.84 billion dollars. This money taken by RIL affected the revenues of the Government. Government should prosecute the former DGH without any delay.
The Government’s connivance with RIL has a direct impact on the aam aadmi because increased claims of development cost get reflected in the price of gas given to consumers and also affect the prices of fertilizer and power. Letters have been written to the Prime Minister to institute an independent enquiry into the complaint of artificial jacking up of the capital expenditure by RIL for D6 KG Basin and its hasty approval by the concerned authority to find out the actual cost before gas price is fixed.
In a repeat of the 2-G scam, the Prime Minister’s silence on the issue, has again exposed the UPA Government’s acquiescence to corporate manipulation.
Related posts:
1. The Great Billion Dollar Drug Scam
2. Supreme Snub : Court SIT A Major Embarrassment For Govt
3. Now A Petroleum Scam?
4. The -Reliance KG Gas Scam Prabir Purkayastha, Newsclick
5. Way to Rural Self Reliance: National Rural Livelihoods Mission (NRLM)
6. Demand For JPC On Spectrum Scam :Go Beyond Rhetoric
7. THE ADARSH SOCIETY SCAM A Shocking Exposure of Congress govt Venality – Ashok Dhawale
8. SUPREME COURT VERDICT ON KG BASIN GAS -Dipankar Mukherjee
9. AMBANIS ROW : GOVT HAS LAST WORD ON KG BASIN GAS PRICE : SC
10. POOL PRICING FOR KG BASIN GAS TO HARM ANDHRA PRADESH INTERESTS
11. PRODUCTION OF GAS IN KG BASIN
12. FINDINGS OF ICAI IN SATYAM SCAM CASE

 

Reliance Communications clears debt of Rs. 2,700 crore

Editorial   –   Telecom  Scams   RPG ,  Reliance  ………………

In spite  of  repeated  appeals   government  has  allowed   telecom   companies   to   swindle  public  exchequer.  Even   the   supreme   court  of   india   is  mum ,  not taking   appropriate   actions ,   why ?

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO…..  OF 2015

IN THE MATTER OF
NAGARAJA . M.R

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

Versus

Cabinet Secretary ( Telecommunications)  Government of  India & Others
….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , certain PIJF companies were previously found to be involved in illegal practices , CPIO of  DOT / BSNL is hiding information . Thereby , he is trying to shield criminals.

3. By this action CPIO of  DOT / BSNL  is  aiding criminals.

2. Question(s) of Law:
DOT / BSNL  has paid crores of  rupees to PIJF  Telecable manufacturers  towards  purchase of cables. The  money is from public exchequer , people’s money . That public money is swindled by  cable manufacturers with tacit support of DOT / BSNL officials. Why no prosecution of DOT / BSNL officials & cable manufacturers ? are they above law ?
3. Grounds:
Requests for equitable justice , Accountability for public money worth crores of rupees.
4. Averment:

Private companies in their greed for money  are violating norms  in league with public officials. They  have caused loss to the public exchequer.
Hereby , I do request the honorable supreme court of India to consider  this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.  That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/   ,

http://crimesatrpg.wordpress.com/   ,

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

Dated : 13th   June 2015                               FILED BY: NAGARAJA.M.R.

Place : Mysuru , India                                   PETITIONER-IN-PERSON

RTI  Appeal  Not  Answered  by  DOT /  BSNL  officials

To ,

Shri. L.K. Govil ,

GM (Coordination) & RTI  Appellate Authority ,

BSNL Corporate office ,

Room  No .27 , IR  Hall , Eastern  Court Complex ,

Jan Path Road , New Delhi – 110001.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  DOT officials  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters. To my previous RTI requests & appeals  they  tried covering – up crores worth  SCAM   by transferring application from one to the other at the end  by denying  information to me, Does not the DOT  possess  information with respect to  tenders given by it to suppliers. Is it not the duty of  DOT QUALITY Circle  to monitor  the supplies  from  suppliers ? Then who has got it ? why don’t you transfer the RTI application to that authority or  ask for  information from them ?

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

M/s  Karnataka Telecables  Ltd , Mysore  renamed as  M/s RPG Telecom Ltd  again renamed as M/s  RPG Cables Ltd  once again renamed as M/s KEC International , Mysore  used to  manufacture  PIJF & OFC  telecables and  supplied  it  to  department of telecommunications , government of india , Indian Railways  and GAIL , PGCIL  of Ministry  of Petroleum .  DOT  used to pay  hundreds of crores of rupees from public exchequer to buy these cables .  There is also one more company by name M/s  Concepta  Cables Ltd , Mysore  belonging to the same industrial group  supplying  PIJF & OFC  telecables  to   DOT. As  a public , as a citizen of india  and  as a tax payer  I want  to know whether those crores of rupees from public exchequer are well spent.

1.      How many times the above said  companies were blacklisted by  DOT , Supreme Court of India  and other quasi judicial bodies , casewise ?

2.      What action taken by DOT & judicial bodies  against the above companies , casewise ?

3.      How many cable kms of cable  supplied by above companies ,  were rejected by  DOT  from the field yearwise , since 1986 ?

4.      Did the above companies replace all the cables rejected by DOT & make good  all the losses , yearwise ?

5.      If not , why ?

6.      What action taken by DOT , casewise ?

7.      How many cable kms of cables supplied by above companies  were  accepted on deviation  by  DOT  yearwise ? on what basis ?

8.      Has the DOT  authorised   usage of recycled  materials  in the manufacture of cables ?

9.      If yes , on what  basis ?

10.  Did  DOT  authorize  outsourcing  of cable manufacturing process  by  above  companies  to  third  parties , casewise ?

11.  How many cable kms of telecom cables  supplied by above companies  have failed  during usage  within the warranty  period , yearwise ?

12.  Did  the above companies  honour  warranty contract  in all such cases ?

13.  If not why , casewise ?

14.  What action by  DOT , casewise ?

15.  Who  maintains records  of  DOT / BSNL tenders  given out to Suppliers specifically with respect to tenders given to M/s Karnataka Telecables Ltd , M/s RPG Telecom Ltd , M/s RPG  Cables Ltd , M/s Concepta Cables Ltd  &  M/s KEC International Ltd ?

16. How may rejections / adverse reports , deviations found in the supplies made by above companies by DOT / BSNL Quality Circle ?

17. What action taken against BSNL / DOT officials who are trying to cover-up the scam inspite of my repeated appeals & RTI requests ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE  INFORMATION :

CPIO , BSNL  HQ , New Delhi.

FEES PAID :  IPO 16G  733463  for rupees  TWENTY only

DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

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

EX-MINISTER    SUKHRAM    CONVICTED    IN     1996    TELECOM    SCAM

Former Telecom Minister Sukhram in PV Narasimha Rao’s cabinet has been convicted for awarding a lucrative contract to a private telecom firm for supplying cables to the government at inflated rates after receiving a bribe of Rs3 lakh 15 years back.

Special Judge RP Pandey, who convicted 84-year-old Sukhram also on charges of misusing his official position in awarding the contract and causing loss to the state exchequer, is likely to decide on quantum of sentence to him tomorrow.

The corruption case dates back to 1996, when the Telecom Ministry under Sukhram’s stewardship had awarded private firm Haryana Telecom Limited (HTL) a contract worth Rs 30 crore to supply 3.5 Lakh Conductor Kilometers (LCKM) of Polythene Insulated Jelly Filled (PIJF) cables to the telecom department.

Sukhram had been put on trial along with HTL chairman Devinder Singh Choudhary who had died during the trial.

“Sukhram also obtained (illegal) gratification other than legal remunerations from Choudhary as a motive or reward for showing the favour to the said firm (HTL),” the judge said.

The court convicted Sukhram, brushing aside his defence counsel argument that had he caused a huge pecuniary gain to HTL, he would not have taken a paltry sum of Rs3 Lakh. The court termed the argument as “devoid of merit.”

“It is not the prosecution case that Sukhram got only this much amount in this deal which runs into crores of rupees. The prosecution case is that the amount of Rs3 lakh which was recovered from him was the bribe money.

“It is a matter of common knowledge that it is virtually impossible to get any direct evidence where both i.e bribe giver and the person who takes the bribe, worked in joint concert,” ASJ Pandey said in his 188-page order.

Convicting Sukhram, the judge said though there was no direct evidence to prove the existence of conspiracy between Sukhram and Choudhary, “it is a well-known fact that conspiracy is hatched in privacy and secrecy, for which direct evidence would be rarely available.”

“The facts and circumstances show that because of proximity of co-accused D S Choudhary (since expired) with Sukh Ram, M/s HTL was his most favoured vendor,” it said.

The court also refused to accept the argument of defence counsel that after the death of co-accused Choudhary, Sukhram cannot be convicted for conspiracy.

“His (Sukhram counsel’s) submission is without basis. It is suffice to say that death of an accused only abates the case against him which was pending but it does not mitigate the offence alleged to have been committed by him in concert with his co-accused,” the judge said.

The court noted that CBI had conducted search at the Himachal Pradesh residence of Sukhram from where it had recovered over Rs 1.16 crore.

The court said the note prepared by an official of the department on October 8, 1995 had mentioned the “precarious” position of HTL and another firm and it was proposed not to award it the contract to supply cables in excess of its ability.

But, despite that Sukhram had passed an order to give the contract to HTL for supplying additional cables, it added.

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

‘Undue favour shown to Reliance Jio’

But the Mukesh Ambani-led company says that no rules were bent.

The Comptroller and Auditor General of India on Friday said Reliance Jio Infocomm got undue advantage of Rs. 3,367.29 crore after the Department of Telecom allowed it to provide voice calling services using BWA spectrum under the new licensing regime.

Infotel Broadband, which had won pan-India spectrum in the 2010 BWA spectrum auctions, was later acquired by the Mukesh Ambani-led Reliance Industries. While Infotel had outbid most of the telecom operators, being an internet service provider (ISP) its licensing conditions did not allow it to offer voice services on this spectrum.

In 2013, the Department of Telecom allowed migration of ISP licensees with BWA spectrum to unified licence that would enable them to provide voice services using BWA spectrum. In its report, the CAG said Reliance Jio was the first to “take benefit of this scheme.”

“Reliance Jio Infocomm Limited (formerly, M/s Infotel)… paid Unified License entry fee of Rs. 15 crore and additional migration fee of Rs. 1,658 crore in August 2013. This migration, allowed at prices discovered in 2001, resulted in undue advantage of Rs. 3,367.29 crore to M/s Reliance Jio Infocomm,” the CAG said in its report.

As per CAG calculations, the value of licence as on August 2013, would have been at least Rs. 5,025.29 crore.

“The decision to grant permission to an ISP licensee with BWA spectrum to operate in the voice telephony space also helped the ISP to circumvent the restrictions imposed by their licence at the time of auction, which were known to the ISP at the time of bidding for the BWA spectrum,” the auditor stated.

This was mainly because there was a lack of due diligence of in auction of spectrum.

Reliance Jio, however, denied the charges, saying, “we have acquired all our spectrum at market prices through open and transparent bidding processes, the conditions for which were same for all bidders. Further, the DoT rules for procuring the relevant licence for services using BWA spectrum too were the same for all successful bidders.”

Another spectrum scam hits govt, this time from ISRO

Pradeep Thakur | TNN | Feb 8, 2011, 12.10 AM IST

DELHI: Another spectrum scam has hit the UPA government which is already reeling from the fallout of allegations of corruption in the underpricing of 2G airwaves sold to telecom operators. On Monday, the government scrambled to cancel what appeared to be an improper deal where a private company would have got 70MHz of spectrum for just Rs 1,000 crore.

The scam involves the Bangalore-based Indian Space Research Organization and has a direct bearing on Prime Minister Manmohan Singh who holds charge of the department of space. Both BJP and Left parties were quick to demand an investigation, stressing Singh’s cabinet responsibility.

The beneficiary, Devas Multimedia, is in a joint venture with ISRO-affiliate Antrix to offer satellite broadband services on various platforms, including mobile telephony.

The government last year earned Rs 67,719 crore just by auctioning 15MHz of similar airwaves for 3G mobile services. It got another Rs 38,000 crore by auctioning spectrum for broadband wireless access services which some operators propose to use to launch 4G services.

The Isro spectrum can be used for providing mobile broadband services using 4G technologies such as WiMax and Long-Term Evolution.

If sold at the same price the government got for 15 MHz of 3G spectrum, the sale of ISRO spectrum could have significantly lowered the fiscal deficit estimated at Rs 3.8 lakh crore this year.

With the deal under attack, ISRO indicated it could be revoked shortly. In a statement, the department of space said, “The agreement entered into by Antrix with Devas is already under review by the department of space and the government will take whatever steps are necessary to safeguard public interest. A decision on the matter is likely to be taken soon.”

The agreement between Devas Multimedia, promoted by M G Chandrasekhar, a former secretary at department of space and ISRO’s Antrix was signed in January 2005. The private entity since offloaded 17% of its stake to Deutsche Telekom for $75 million and took on other investors. This is the same as private players buying 2G spectrum cheap and selling it for large profits.

The 70 MHz spectrum gives Devas multimedia an edge over competitors, a feature that was once used by Doordarshan to deliver programmes in remote areas through satellite. This is of bigger value to the other spectrum holders in telecom, considering its high speed and mobile communication features.

Devas Multimedia said it had not received any communication regarding the contract, from ISRO or Antrix or any other government agency. “We do not own any spectrum, and the services we provide will be based on satellite transponders leased from ISRO/Antrix, wherein both — the satellite and spectrum — belong to the space research organization,” said a company statement. It claimed the GSAT 6 satellite programme had approval from the Union cabinet and Space Commission for its services, and Devas was developing an innovative satellite system.

CAG issued a statement confirming it was probing the matter, but denied it had finalized an estimate of the loss to government.

Government sources said the process to scrap the deal was underway, having been initiated two months ago. Sources said ISRO chief K Radhakrishnan had written to the PMO demanding cancellation of the agreement on the ground that it favoured Devas Multimedia.
The controversial deal was signed under his predecessor, G Madhavan Nair. But this may not cushion the government against criticism for allowing the deal to go through in the first place.
No urgency was, however, shown to revoke the deal even after the law ministry raised serious concerns about the proposal, terming it “illegal”.
In a statement, CAG said, “Audit of certain activities of department of space is underway. Preliminary inquiries have been raised, which is yet to be replied by the department.”
A newspaper report that said the national auditor had raised objections to free allocation of scarce airwaves had the Opposition sharpening its attack on the government on corruption. Both BJP and Left demanded a probe, stressing the PM was directly responsible for functioning of the space department.

“Since the department of space is under the Prime Minister, he should immediately clarify his stand on the whole issue,” BJP spokesperson Nirmala Sitharaman said.

CAG urges DOT to cancel Pan India 4G spectrum held by Reliance Jio

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

Comptroller & Auditor General of India in a draft report sent to the Department of Telecom for comments, said, “the DoT failed to recognise the tell-tale sign of rigging of the auction right from beginning of the auction” in which a small ISP, Infotel Broadband Services Pvt Ltd (IBSPL) emerged winner of pan-India broadband spectrum by paying 5,000 times of its net worth.

RIL, which acquired IBSPL within hours of it winning the spectrum and later renamed it Reliance Jio, said, “There is no final CAG report that we are aware of. That said we out rightly reject any suggestion whereby spectrum was acquired in any manner other than through a transparent bidding process duly supervised by Government of India.”

CAG report on Reliance Jio:

CAG says IBSPL, ranked 150th in the list of ISPs, submitted an earnest money deposit of Rs 252.50 crore through the covert and overt assistance of third party / private bank, bid for Rs 12,847.77 crore (5000 times of its net worth) for pan-India spectrum and then sold the company on the day of completion of the auction. This indicated IBSPL’s collusion and sharing of the confidential information with a third party in violation of auction conditions, said CAG.

RIL spokesperson said that as per NIA bidders were required to submit Bank Guarantee for desired amount as Earnest Money Deposit (EMD) along with its application. “EMD was based on specific deposit requirement for each telecom circle. Accordingly Infotel Broadband Services Pvt Ltd (IBSPL) submitted a Bank Guarantee of Rs 253 crore in format as prescribed in NIA. Since no money was deposited as EMD, the question of source of deposit does not arise,” RIL spokesperson said reports Outlook India .

According to CAG, due to inclusion of inadequate eligibility criterion for participation in the auction, the promoters of the IBSPL enriched themselves and made unfair gain.

CAG rejected DoT response that the eligibility criterion for participation in the auction was finalized after due diligence and on sector regulator TRAI’s recommendations saying it was department’s responsibility to ensure that only serious ISPs participated in the auction.

DoT in its response admitted that there was no eligibility criterion with respect to minimum net worth or paid up capital for participation in the auction.
The inter-ministerial committee did not satisfy itself as to how the IBSPL, a company with a net worth of Rs 2.5 crore, would be able to pay the bid amount of Rs 12,847.77 crore within ten days.

Reliance Jio’s response to CAG’s allegations:

Business line sent a questionnaire to Reliance Jio asking its views on the allegations made by CAG on its backdoor entry into voice services and rigging the BWA auctions in 2010. The response given by Rjio to CAG’s allegations has been presented in a tabulated form below.

2G spectrum scam

The 2G spectrum scam was an indian telecommunications scam and political scandal in which politicians and government officials under the Indian National Congress (Congress) coalition government undercharged mobile telephone companies for frequency allocation licenses, which they then used to create 2Gspectrum subscriptions for cell phones. The difference between the money collected and that mandated to be collected was estimated by the Comptroller and Auditor General of India at ₹1.76 trillion (US$26 billion), based on 2010 3G and BWA spectrum-auction prices.[1] In a chargesheet filed on 2 April 2011 by the Central Bureau of Investigation (CBI, the investigating agency), the loss was pegged at ₹309845.5 million(US$4.6 billion).[2] In a 19 August 2011 reply to the CBI, the Telecom Regulatory Authority of India (TRAI) said that the government had gained over ₹30 billion (US$440 million) by selling 2G spectrum.[2]Minister of Communications & ITKapil Sibal said in a 2011 press conference that “zero loss” was incurred by distributing 2G licenses on a first-come-first-served basis.[3]

On 2 February 2012, the Supreme Court of India ruled on a public interest litigation (PIL) related to the 2G spectrum scam. The court declared the allotment of spectrum “unconstitutional and arbitrary”, cancelling the 122 licenses issued in 2008 under A. Raja (Minister of Communications & IT from 2007 to 2009), the primary official accused.[4] According to the court, Raja “wanted to favour some companies at the cost of the public exchequer” and “virtually gifted away important national asset[s].”[5] The zero-loss theory was discredited[6] on 3 August 2012 when, after a Supreme Court directive, the government of India revised the base price for 5-MHz 2G spectrum auctions to ₹140 billion (US$2.1 billion), raising its value to about ₹28 billion(US$410 million) per MHz (near the Comptroller and Auditor General estimate of ₹33.5 billion (US$490 million) per MHz).[7][8]

Although the policy for awarding licences was first-come, first-served, Raja changed the rules so it applied to compliance with conditions instead of the application itself.[9] On 10 January 2008, companies were given only a few hours to supply Letters of Intent and payments; some executives were allegedly tipped off by Raja, and they (and the minister) were imprisoned.[9] In 2011 Time ranked the scam second on their “Top 10 Abuses of Power” list, behind the Watergate scandal.[10][11][12]

Background[edit]

India is divided into 22 telecommunications zones, with 281 zonal licenses.[13] In 2008, 122 new second-generation 2G Unified Access Service (UAS) licenses were granted to telecom companies on a first-come, first-served basis at the 2001 price. According to the CBI charge sheet, several laws were violated and bribes paid to favour certain firms in granting 2G spectrum licenses. According to a CAG audit, licenses were granted to ineligible corporations, those with no experience in the telecom sector (such as Unitech and Swan Telecom)[14] and those who had concealed relevant information.[15] Although former Prime MinisterManmohan Singh advised Raja to allot 2G spectrum transparently and revise the license fee in a November 2007 letter, Raja rejected many of Singh’s recommendations.[16] In another letter that month, the Ministry of Finance expressed procedural concerns to the DOT;[16] these were ignored, and the cut-off date was moved forward from 1 October 2007 to 25 September.[16] On 25 September, the DOT announced on its website that applicants filing between 3:30 and 4:30 pm that day would be granted licenses.[16] Although the corporation was ineligible, Swan Telecom was granted a license[14] for ₹15.37 billion (US$230 million) and sold a 45-percent share to the UAE-based Etisalat for ₹42 billion (US$620 million).[14] Unitech Wireless (a subsidiary of the Unitech Group) obtained a license for ₹16.61 billion (US$240 million), selling a 60-percent share for₹62 billion (US$910 million) to Norway-based Telenor.[14]

This is a list of companies who received 2G licenses during Raja’s term as telecom minister;[17][18] the licenses were later cancelled by the Supreme Court:[19][20]

Company

Telecom regions

# of licenses

Remarks

Adonis Projects Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh (East) 6 Adonis Projects, Nahan Properties, Aska Projects, Volga Properties, Azare Properties & Hudson Properties were acquired by Unitech. Since Unitech Infrastructure and Unitech Builders & Estates were subsidiaries of Unitech Group, in 2008 Unitech had 22 2G licenses. Later that year, Telenor bought a majority share in the telecom company from the Unitech Group and now provides service as Uninor with 22 licences.
Nahan Properties Assam, Bihar, North East, Orissa, Uttar Pradesh (east), West Bengal 6
Aska Projects Andhra Pradesh, Kerala, Karnataka 3
Volga Properties Gujarat, Madhya Pradesh, Maharashtra 3
Azure Properties Kolkata 1
Hudson Properties Delhi 1
Unitech Builders & Estates Tamil Nadu (including Chennai) 1
Unitech Infrastructures Mumbai 1
Loop Telecom Bihar, Gujarat, Himachal Pradesh, Kerala, Kolkata, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha(Orissa), Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, Madhya Pradesh 21
Datacom Solutions Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Kolkata, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, West Bengal, Delhi, Mumbai 21 Operates as Videocon Telecom
Shyam Telelink Madhya Pradesh, Kerala, Kolkata, Punjab, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha, Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, North East 17 Shyam Telelink & Shyani Telelink have a combined 21 licenses. In late 2008 Russia-basedSistema bought a majority share in the company, which now operates as MTS India.
Shyani Telelink Mumbai, Bihar, Gujarat, Himachal Pradesh 4
Swan Telecom Andhra Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, Delhi, Mumbai 13 Swan was a subsidiary of Reliance Telecom established to circumvent the one-company-one-license rule. In 2008, Swan merged with Allianz Infratech; late in the year Abu Dhabi’s Etisalat bought about 45 percent of the company, renaming it Etisalat DB Telecom.
Allianz Infratech Bihar, Madhya Pradesh 2
Idea Cellular Assam, Punjab, Karnataka, Jammu and Kashmir, North East, Kolkata, West Bengal, Odisha(Orissa), Tamil Nadu (including Chennai) 9 Since Idea Cellular bought Spice Communications in 2008 for ₹27 billion (US$400 million),[21]of the 122 spectrum licenses sold in 2008 Idea owns 13. Seven are in use by the company, and the remainder are overlapping licenses.[22]
Spice Communications Delhi, Andhra Pradesh, Haryana, Maharashtra 4
S Tel Assam, Jammu and Kashmir, Odisha(Orissa), North East, Bihar, Himachal Pradesh 6 In January 2009, Bahrain Telecommunications agreed to buy 49 percent of S Tel for $225 million. Chinnakannan Sivasankaran owns the remaining share.[23][24] In May 2009,Sahara Group bought an 11.7-percent share in S Tel.[25]
Tata Teleservices Jammu and Kashmir, Assam, North East 3 In late 2008 Tata sold a 26-percent share to the Japanese NTT DoCoMo for about₹130.7 billion (US$1.9 billion), or an enterprise value of ₹502.69 billion (US$7.4 billion).[26]

Accused parties[edit]

The selling of the licenses drew attention to three groups: politicians and bureaucrats, who had the authority to sell licenses; corporations buying the licenses, and professionals who mediated between the politicians and corporations.

Politicians[edit]

The following charges were filed by the CBI and the Directorate General of Income Tax Investigation in the Special CBI Court.[27][28][29][30]

A. Raja[edit]

·         Political career: Four-time DMK member of Parliament (present constituency Nilgiris, Tamil Nadu), former Union Minister of State for Rural Development (1999) and Health and Family Welfare (2003), former Union Cabinet Minister for Environment and Forests (2004) and Communication and Information Technology (2007 and 2009)[31][32][33][34]

·         Allegation: A joint investigative report by the CBI and the Income Tax Department alleged that Raja may have received a ₹30 billion (US$440 million) bribe for moving the cut-off date for spectrum applications forward.[35][36] The changed deadline eliminated many applications, enabling Raja to favour a few applicants.[35][36] The agencies also alleged that he used accounts in his wife’s name in Mauritius and Seychelles banks for the kickbacks.[37] A CBI charge sheet alleged that Raja conspired with the accused and arbitrarily refined the first-come, first-served policy to ensure that Swan and Unitech received licences.[38] Instead of auctioning 2G spectrum, he sold it at the 2001 rate.[38]

·         Charges: Criminal breach of trust by a public servant (section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under thePrevention of Corruption Act for accepting illegal gratification.[27][39][40]

·         Status: Arrested by the CBI on 2 February 2011.[41] Applied for bail on 9 May 2012,[42][43] which was granted on 15 May.[44][45][46] As of August 2012, his trial was underway in Special CBI Court.[47]

M. K. Kanimozhi[edit]

·         Political career: Daughter of five-time Chief Minister of Tamil NaduM. Karunanidhi. DMK member of Parliament, representing Tamil Nadu in the Rajya Sabha.[48][49]

·         Allegations: According to the CBI charge sheet, Kanimozhi owns 20 percent of family-owned Kalaignar TV; her stepmother, Dayalu Ammal, owns 60 percent of the channel.[50] The CBI alleges that Kanimozhi was the “active brain” behind the channel[50] and conspired with Raja to coerce DB Realty cofounder Shahid Balwa to funnel ₹2 billion (US$29 million) to Kalaignar TV.[51] Kanimozhi was in regular contact with Raja about the launch of Kalaignar TV.[51] Raja advanced the channel’s cause, facilitating its registration with the Ministry of Information and Broadcasting and adding it to DTH operator TATA Sky‘s lineup. Kanimozhi was charged with tax evasion by the Income Tax Department in Chennai.[51]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant and criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471), and booked under the Prevention of Corruption Act.[27][39]

·         Status: Arrested by the CBI on 20 May 2011.[52][53] Granted bail on 28 November 2011, after 188 days in custody.[54][55] As of August 2012, her trial was underway in Special CBI Court.[47]

Bureaucrats[edit]

A number of bureaucrats were named in the CBI charge sheet filed in its Special Court.[27][28][29][30]

Siddharth Behura[edit]

·         Position: Telecom Secretary when the licenses were granted.[27][56]

·         Allegations: According to the CBI charge sheet, Behura conspired with Raja and several others. When the application deadline time was declared, from 3:30 to 4:30 pm Behura closed counters to block other telecom companies.[14]

·         Charges: Criminal breach of trust by a public servant (Section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act for accepting illegal gratuities.[27][57]

·         Status: Arrested by the CBI on 2 February 2011[41] and granted bail on 9 May 2012,[58][59] as of August 2012 his trial was underway in Special CBI Court.[47] In a 10 July 2012 joint parliamentary committee deposition, Behura blamed Raja for most of the decisions related to 2G spectrum auctions.[60]

RK Chandolia[edit]

·         Position: Raja’s private secretary when the licenses were granted.[27][61]

·         Allegations: According to the CBI charge sheet Chandolia, like Behura, conspired with Raja and several others; when the application deadline time was declared from 3:30 to 4:30 pm, Chandolia joined Behura in shutting counters to physically block other telecom companies.[14]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120 B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 2 February 2011.[41] Although he was granted bail by the special CBI court on 1 December 2011, the following day the High Court took suo motu notice of newspaper reports of the bail and stayed it.[62] Chandolia appealed to the Supreme Court, and on 9 May 2012 the court upheld the bail grant.[63] As of August 2012, his trial was underway in Special CBI Court.[47]

Executives[edit]

A number of executives were accused in the CBI charge sheet.[27][28][29][30]

Sanjay Chandra[edit]

·         Position: Former Unitech Wireless managing director[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Allegations: Former CBI prosecutor AK Singh was implicated in a taped conversation sharing legal strategy and privileged information with Chandra.[64][65]

·         Status: Arrested by the CBI on 20 April 2011[66][67] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Gautam Doshi[edit]

·         Position: Managing director, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Hari Nair[edit]

·         Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Surendra Pipara[edit]

·         Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Vinod Goenka[edit]

·         Position: Managing director, DB Realty and Swan Telecom[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120 B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Shahid Balwa[edit]

·         PositionCorporate promoter, DB Realty and Swan Telecom[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 8 February 2011[69] and granted bail on 29 November,[70] as of August 2012 his trial was underway in Special CBI Court.[47]

Asif Balwa[edit]

·         Position: Director, Kusegaon Fruits and Vegetables[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 29 March 2011[71] and granted bail on 28 November,[72] as of August 2012 his trial was underway in Special CBI Court.[47]

Rajiv Agarwal[edit]

·         Position: Director, Kusegaon Fruits and Vegetables[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 29 March 2011[71] and granted bail on 28 November,[72] as of August 2012 his trial was underway in Special CBI Court.[47]

Sharath Kumar[edit]

·         Position: Managing director, Kalaignar TV[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 May 2011[73] and granted bail on 28 November 2011,[74] as of August 2012 his trial was underway in Special CBI Court.[47]

Ravi Ruia[edit]

·         Position: Vice-chair, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Anshuman Ruia[edit]

·         Position: Director, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420).[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Vikas Saraf[edit]

·         Position: Director of strategy and planning, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420 of the Indian Penal Code)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

IP Khaitan[edit]

·         Position: Corporate promoter, Loop Telecom[75][76]

·         Charges: Criminal conspiracy under (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Kiran Khaitan[edit]

·         Position: Corporate promoter, Loop Telecom[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Karim Morani[edit]

·         Position: Corporate promoter and director, Cineyug Films[27]

·         Allegations: According to the Income Tax Department charge sheet, Morani-owned Cineyug Films was a part of the route used by Shahid Balwa to funnel[78] ₹2 billion (US$29 million) illegally to Kalaignar TV.[78] DB Realty corporate promoters Shahid Balwa and Vinod Goenka transferred ₹2092.5 million (US$31 million) to Kusegaon Fruits and Vegetables, where Balwa’s younger brother Asif was a director.[78][79] Kusegaon then transferred ₹2 billion (US$29 million) to Cineyug Films, and Morani transferred it to Kalaignar TV.[78]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 30 May 2011[80] and granted bail on 28 November,[74] as of August 2012 his trial was underway in Special CBI Court.[47]

Corporations[edit]

Several companies were named in the CBI charge sheet.[27][28][29][30]

Unitech Wireless[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471) [27]

·         Status: As of August 2012, trial underway in Special CBI Court.[47]

Reliance Telecom[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[27]

·         Status: As of August 2012, trial was underway in Special CBI Court.[47]

Swan Telecom[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[27]

·         Status: As of August 2012, trial underway in Special CBI Court.[47]

Other companies named in the charge sheet were:[81][82][83]

·         Loop Telecom

·         Loop Mobile India

·         Essar Tele Holding

·         Essar Group (corporate parent of Essar Tele Holding)

Media role[edit]

Main article: Radia tapes controversy

OPEN and Outlook reported that journalists Barkha Dutt (editor of NDTV) and Vir Sanghvi (editorial director of the Hindustan Times) knew that corporate lobbyist Nira Radia influenced Raja’s appointment as telecom minister,[84] publicising Radia’s phone conversations with Dutt and Sanghvi[85][86] when Radia’s phone was tapped by the Income Tax Department. According to critics, Dutt and Sanghvi knew about the link between the government and the media industry but delayed reporting the corruption.[84]

Licence cancellations[edit]

On 2 February 2012 the Supreme Court ruled on petitions filed by Subramanian Swamy and the Centre for Public Interest Litigation (CPIL) represented by Prashant Bhushan, challenging the 2008 allotment of 2G licenses,[207] cancelling all 122 spectrum licences granted during Raja’s term as communications minister.[207] and described the allocation of 2G spectrum as “unconstitutional and arbitrary”.[208] The bench of GS Singhvi and Asok Kumar Ganguly imposed a fine of ₹50 million (US$740,000) on Unitech Wireless, Swan Telecom and Tata Teleservices and a ₹5 million (US$74,000) fine on Loop TelecomS Tel, Allianz Infratech and Sistema Shyam Tele Services.[4] According to the ruling the current licences would remain in place for four months, after which time the government would reissue the licences.[209]

In its ruling the court said that former telecom minister A. Raja “wanted to favour some companies at the cost of the public exchequer”, listing seven steps he took to ensure this:[4][210]

1.     After becoming telecom minister, Raja directed that all applications for spectrum licences would be held pending Telecom Regulatory Authority of India recommendations.[4][210]

2.     The 28 August 2007 TRAI recommendations were not presented to the full Telecom Commission, which would have included the finance secretary. Although the TRAI recommendations for allocation of 2G spectrum had serious financial implications (and finance ministry input was required under the Government of India Transaction of Business Rules, 1961), Telecom Commission non-permanent members were not notified of the meeting.[4][210]

3.     The DoT officers attending the 10 October 2007 Telecom Commission meeting were coerced into approving the TRAI recommendations, or they would have “incurred” Raja’s “wrath”.[4][210]

4.     Since the Cabinet had approved the Group of Ministers recommendations, the DoT had to discuss the issue of spectrum pricing with the finance ministry. However, Raja did not consult the finance minister or other officials because the finance secretary had objected to allocating 2G spectrum at 2001 rates.[4][210]

5.     Raja dismissed the law minister’s suggestion that the issue should be presented to the Group of Ministers. After receiving the PM’s 2 November 2007 letter suggesting transparency in spectrum allocation of the spectrum, Raja said it would be unfair, discriminatory, arbitrary and capricious to auction spectrum to new applicants because it would not give them a level playing field. Although a 24 September DoT press release said that 1 October would be the application deadline, he changed the deadline to 25 September. Raja’s arbitrary action, “though appear[ing] to be innocuous was actually intended to benefit some of the real estate firms who did not have any experience in dealing with telecom services and who had made applications only on 24 September 2007, i.e. one day before the cut-off date fixed by the C&IT minister on his own”.[4][210]

6.     The 25 September cut-off date decided by Raja on 2 November was not made public until a 10 January 2008 press release in which he changed the first-come, first-served principle which had been in operation since 2003. “This enabled some of the applicants, who had access either to the minister or DoT officers, get bank drafts prepared towards performance guarantee of about Rs 16 billion”.[4][210]

7.     “The manner in which the exercise for grant of LoIs to the applicants was conducted on 10 January 2008 leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first-come-first-served policy.” As a result, some companies who had submitted applications in 2004 or 2006 were pushed down the list in favour of those who had applied in August and September 2007.[4][210]

Companies affected by cancellations[edit]

The table below lists the companies whose license were cancelled.[211][212]

Company

Parent company

# of licences cancelled

Uninor Joint venture of Unitech Group of India and Telenor of Norway Unitech Group 22
Sistema Shyam TeleServices Limited, now MTS India Joint venture of the Shyam Group of India and Sistema of Russia 21
Loop Mobile (formerly BPL Mobile) Khaitan Holding Group 21
Videocon Telecom Videocon 21
Etisalat-DB Joint venture of Swan Telecom of India and Etisalat of the UAE 15
Idea Cellular Aditya Birla Group (49.05%), Axiata (Malaysia, 15%) & Providence Equity Partners (U.S., 10.6%) 13
S Tel Joint venture of C Sivasankaran of India and Batelco of Bahrain. After the Supreme Court ruling, Batelco sold its 42.7% share to Sivasankaran-owned Sky City Foundation for 65.8 million Bahraini dinar ($174.5 million).[213][214][215] 6
Tata Teleservices Tata Group 3

Aftermath[edit]

See also: Uninor controversies

In addition to Batelco’s exit, on 21 February 2012 Telenor (the majority shareholder in Uninor) terminated its agreement with Unitech and sued it for “indemnity and compensation”.[216][217][218] On 23 February 2012, Etisalat of Etasalat-DB Telecom sued DB Realty corporate promoters Shahid Balwa and Vinod Goenka for fraud and misrepresentation.[219][220][221]

Aircel-Maxis deal controversy[edit]

See also: C SivasankaranDayanidhi MaranT Ananda Krishnan, and Maxis Communications

On 6 June 2011 former Aircel chief C. Sivasankaran complained to the CBI about not receiving a telecom licence and being forced by telecom minister Dayanidhi Maran to sell Aircel to the Malaysia-based Maxis Communications group, owned by T. Ananda Krishnan. The licences were allegedly issued after the deal was made. Sivasankaran also alleged that brothers Dayanidhi and Kalanithi Maran received kickbacks in the form of investments by the Maxis group through the Astro network in Sun TV Network, owned by the Maran family.[145][146][147] In the wake of the allegations, Maran resigned on 7 July.[222]

On 10 October, the CBI registered a case and raided properties owned by the Marans. CBI sources said that although no evidence of coercion was found in the Aircel sale, they found substantial evidence that Maran had favoured the company’s takeover by Maxis and deliberately delayed Sivasankar’s files.[145][146][147] On 8 February 2012, the Enforcement Directorate registered a money-laundering case against the Maran brothers[182] for allegedly receiving illegal compensation of about ₹5.5 billion in the Aircel-Maxis deal.[183]

During the CBI probe Sivasankaran said that the Maran brothers had forced him to sell his 74% share in Aircel to Maxis by threatening his life, giving the CBI a list of over 10 witnesses. In September 2012, the CBI said it finished its Indian investigation and was awaiting the response to a letter rogatory sent to Malaysia and a questionnaire from T. Ananda Krishnan before filing a chargesheet.[223] On 29 August 2014, the CBI filed a chargesheet against Dayanidhi Maran, his brother Kalanithi Maran, Malaysian businessman T Ananda Krishnan, Malaysian national Augustus Ralph Marshall, six others and four firms — Sun Direct TV Pvt Ltd, Maxis Communication Berhad, Astro All Asia Network PLC and South Asia Entertainment Holding Ltd as accused in the case.[224] On 29 October 2014, special CBI judge OP Saini said that he found enough evidence to proceed with the prosecution and hence summoned former telecom minister Dayanidhi Maran and others as accused.[225] Based on the CBI chargesheet, the Enforcement Directorate (ED) on 1 April 2015, attached Maran brothers’ properties worth Rs 742 crore.[226]

Subramanian Swamy alleged that in 2006 a company controlled by Karti Chidambaram, the son of Minister of FinanceP. Chidambaram, received a five-percent share of Aircel to get part of₹40 billion paid by Maxis Communications for the 74-percent share of Aircel. According to Swamy, Chidambaram withheld Foreign Investment Promotion Board clearance of the deal until his son received the five-percent share in Siva’s company.[227] The issue was raised a number of times in Parliament by the opposition, which demanded Chidambaram’s resignation.[228]Although he and the government denied the allegations,[229]The Pioneer and India Today reported the existence of documents showing that Chidambaram delayed approval of the foreign direct investment proposal by about seven months.[227][230][231]

Response to scam[edit]

When Indian media began citing the CAG report identifying the loss at ₹1.76 trillion (short scale), the Indian opposition parties unanimously demanded the formation of a joint parliamentary committee to investigate the scam.[232][233] Although the government rejected their demand,[233] when the winter session of Parliament began on 9 November 2010 the opposition again pressed for a JPC; again, their demand was rejected.[233] The demand for a JPC gained further momentum when the CAG report was tabled in Parliament on 16 November 2010.[234] The opposition blocked the proceedings, again pressing for a JPC;[235] the government again rejected their demand, creating an impasse.[236]Speaker of the Lok SabhaMeira Kumarunsuccessfully attempted to resolve the impasse.[237] The winter session of Parliament concluded on 13 December 2010. Although 22 new bills were planned to be introduced, 23 pending bills passed and three bills withdrawn, Parliament functioned for only nine hours.[238] On 22 February 2011, after resisting opposition demands for over three months, the government announced that it would form a JPC.[239] The JPC criticised the CBI for its leniency to the PM, the Attorney General, Dayanidhi Maran and Chidambaram and its reluctance to investigate their roles on 24 July 2012.[240] After questioning former telecom minister Dayanidhi Maran, his brother Kalanithi and the head of Maxis Communications, the CBI alleged that the Maran brothers accrued an illegal ₹5.50 billion by the sale of Sun Direct TV shares at highly “inflated prices”.[241]

In early November 2010 Jayalalithaa accused state chief minister M Karunanidhi of protecting Raja from corruption charges, calling for Raja’s resignation.[242] By mid-November, Raja resigned.[243] At that time, comptroller Vinod Rai issued show-cause notices to Unitech, S Tel, Loop Mobile, Datacom (Videocon) and Etisalat to respond to his assertion that the 85 licenses granted to these companies did not have the capital required at application or were otherwise illegal.[244] It was speculated that because these companies provide some consumer service, they would receive large fines but retain their licenses.[244]

In June 2011 Prime Minister Manmohan Singh criticised the CAG for commenting on policy issues, warning it “to limit the office to the role defined in the constitution.”[245] After Singh’s criticism the CAG conducted a “rigorous internal appraisal” and stood by its findings, citing additional events as corroboration. The CAG reiterated that there was “an undeniable loss to the exchequer”, the calculation of which was based on three estimates: the 3G auctions and the Swan and Unitech transactions. It cited the Supreme Court ruling of 2 February 2012 that the actions of Raja and officers at the Department of Telecom were “wholly arbitrary, capricious and contrary to the public interest, apart from being violative of the doctrine of equality. The material produced for the quote showed that the Minister for C&IT wanted to favour some companies at the cost of the public exchequer.” It said its estimate of loss of 1.76-lakh crore was justified, since the May 2012 TRAI collation of reserve prices for 2G spectrum was about the same as that in the November 2010 CAG report. TRAI had recommended a reserve price for 2G spectrum of ₹180 billion for a pan-India 5 MHz licence, higher than the 3G value of ₹167.50 billion for 5 MHz used by the CAG for arriving at a loss figure of ₹1,760 billion. It concluded that it was only examining the “implementation of policy”, and policy-making was the government’s prerogative.[246]

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Judicial Tyranny

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.30….….29  / 07 / 2017

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

3 -judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI’s notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge’s name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment — the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

  • The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.
  • Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land.

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless.

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013.

“The link and presumption is not unfounded,” Justice Das said by phone from Cuttack.  “In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don’t have any record with me. Well, but for this, I would have retired as chief justice.”

Justice Misra’s office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts.

“The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations,” the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017.

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President’s office declined to comment on the matter.

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected.

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report.

“The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land,” Justice Das said. “There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court.

“Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment,” Das said. “Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn’t declare his interest to the SC collegium.”

People close to Misra debunked this allegation as a disgruntled grouse. “These are someone’s grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas,” they said.

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had “serious reservations” about appointing Justice Das as chief justice of the Punjab & Haryana High Court.

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation’s top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018.

“It may not have been brought to the notice of the collegium, but I don’t have any records,” Justice Das said.

“This is something very serious and was not brought to the notice of the collegium. There was no IB report also,” said a legal luminary who asked not to be identified. “The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur.”

“Justice Misra is known for his credibility and integrity,” the people close to him said. “Do you think it is possible that the facts weren’t brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn’t know about it?”

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

–       An  Appeal  to Honourable Chief Justice of India

 

Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

  1. To immediately reinstate Mr.Gwal into judicial service.
  2. To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.
  3. To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.
  4. To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.
  5. To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.
  6. To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.
  7. To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman’s boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge’s Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

 

The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

Hereby , we  demand Honourable Supreme Court of India :

  1. To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.
  2. To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.
  3. To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

 

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

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

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5 Star Jails & Judges

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.29….….22  / 07 / 2017

 

Editorial :  Corrupt Judges &  5  Star  Jails

–          Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case  who  issues arrest warrant against a person , who rejects the bail plea  of the accused  and  the judge who remands accused to police custody / judicial custody  is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails   and in all such cases ,  respective presiding judges  must be made to  pay compensation from their pockets and judges must be charged  for  AIDING & ABETTING  THE MURDER  ATTEMPT  on prisoner  by  jail / police authorities.

In the same way ,  it is the duty of the presiding  judge who  convicted or remanded  a person to jail , to ensure whether the person is getting RIGHT PUNISHMENT  as per law  whether less or more  in jail and to ensure right punishment for him.

Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment , 3rd degree torture within jail which  are not permitted by law / judgement.

This can only happen with the connivance of  corrupt judges & police.   Why not legal prosecution of corrupt judges & police and putting judges , police behind bars ?  Are the JUDGES  &  POLICE  above  Law  ?

  

Presiding Judge  who convicted Sasikala &  Police  fully responsible  for 5 Star  Jail life of Sasikala & Ilavarasi  Watch :

https://www.youtube.com/watch?v=zS3JvO8ys-g  ,

https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,

https://www.youtube.com/watch?v=_0pUTMYwyFA ,

https://www.youtube.com/watch?v=vveQcSvzUx8 ,

https://www.youtube.com/watch?v=n8ryW-ePAUU

 

Are  CJI &  Supreme Court Judges  sleeping or conniving ? Anyway SCI Judges  get lakhs of rupees salary , 5 star bungalow , car , etc  even if does duty  properly  or improperly.

Sasikala paid Rs 2 crore bribe to Bengaluru jail officials for exclusive kitchen, other favours: Prison report

In an explosive report to state government, IG prison D Roopa said Sasikala paid Rs 2 crore bribe to top officials of Bengaluru jail to have a special kitchen and other favours.

VK Sasikala

VK Sasikala, the AIADMK chief, is getting special treatment in Bengaluru’s Parappana Agrahara Central jail where she has been lodged after being convicted by the Supreme Court in a disproportionate assets case in February.

In her report DIG prison D Roopa has said that Sasikala and her associates were getting special treatment inside the jail. The AIADMK boss has even managed to get herself a special kitchen in complete violation of jail rules.

FROM INDIA TODAY MAGAZINE: The enigma of Sasikala

The explosive report further claims that Sasikala paid Rs 2 crore to jail officials to get special facilities. It also said that Karnataka Director General of Prisons (DGP) Satyanarayana Rao was one of the top officials who were paid money.

“Sasikala has given Rs 1 crore bribe to Rao and another Rs 1 crore was distributed among officials, including warden of the central jail where she is serving 4-year sentence in an illegal wealth case for allowing her special privileges,” the report which the DIG has submitted to the state government said.

“As a reward for bribing the prison authorities from Rao to jail warden, Sasikala gets special menu daily, cooked by special chefs in a special kitchen near the women’s cell,” Roopa is said to have mentioned in the report.

Co-convicts Sasikala’s sister-in-law Elavarasi and nephew VK Sudhakaran were also held guilty by a trial court in September 2014 and upheld by the Supreme Court on February 14 in the two-decade-old disproportionate assets case of former Tamil Nadu Chief Minister J Jayalalithaa.

32 Convicts Allegedly Tortured At Bengaluru Jail In Sasikala Controversy

 

The complaint was lodged on Monday by BJP MP Shobha Karandlaje, the family members of these prisoners were not being allowed to meet them.

The National Human Rights Commission (NHRC) has issued notices to two top Karnataka prison officials taking cognisance of a complaint about alleged torture and transfer of 32 convicts serving terms in the Central Prison.

An NHRC release said the complaint alleged the prisoners were beaten black-and-blue and shifted overnight (on July 16) in an injured condition to various other prisons at Mysore, Ballari, Belagavi and Davanagere.

According to the complaint, lodged on Monday by BJP MP Shobha Karandlaje, the family members of these prisoners were not being allowed to meet them.

The complaint was filed a day after the prisoners, in a sudden move, were shifted at around 1 am to jails in Ballari and Belagavi for allegedly trying to voice their grievances.

The commission observed that the allegations of physical torture of the prisoners and their overnight transfer to other jails in an injured condition, if true, raised a serious issue of violation of their right to life and dignity.

It issued notices to Karnataka Director General of Police (DGP) and Inspector General (IG), Prisons, asking them to file within four weeks a detailed report on the allegations, along with a note on the current location and health condition of the “injured and shifted” prisoners.
“It need not be restated that a prisoner is not a slave of the State and is not denude of his fundamental rights while in judicial custody,” the release said.

Allegedly, the prisoners were meted out this “inhuman” treatment because of their bid to stage a dharna inside the jail premises as they were not allowed to speak to (then) DIG (Prisons) D Roopa, who had visited the jail, it added.

DIG Roopa had recently flagged certain “grave irregularities” inside the Central Jail, including providing a sophisticated kitchen to one of the prisoners, (AIADMK Amma chief) V Sasikala, and VIP treatment to another prisoner, Abdul Karim Lala Telgi, the release said.

The issue of alleged preferential treatment to Sasikala, serving a four-year term in a disproportionate assets case, came to the fore after Roopa submitted a report to her superior, DGP (Prisons) H N Sathyanarayana Rao.

Both DIG Roopa and DGP Rao were transferred after they sparred over the report in public.

The government has also ordered a probe by a retired official into the allegations.

The release said that according to the complaint, the 32 prisoners were allegedly shifted in a hasty manner in order to avoid any disclosure to the inquiry officer.

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

Sunetra Choudhury‘s Behind Bars: Prison Tales of India’s Most Famous highlights how different jail experiences can be depending on who you are and what you can pay.

 

When I met Santosh Yadav, a journalist from Bastar, for an early morning breakfast in Delhi a few weeks ago, he looked happy. There was a sense of relief and freedom in his eyes. Yadav had been recently released on bail after 17 months of imprisonment. He was arrested by the Chhattisgarh police in September 2015 from his village Darbha in Bastar. At the time of his arrest, Yadav used to report for two Hindi local dailies, the Navbharat and Chhattisgarh. He was accused of being a Maoist supporter and charged under various sections of the Indian Penal Code and other laws pertaining to crimes ranging from rioting, criminal conspiracy, murder, criminal intimidation and with being a part of the banned Communist Party of India (Maoist), among the other alleged offences. He was granted bail by the Supreme Court on February 26 this year, after his earlier bail petitions were rejected by the lower courts.

As soon as he started narrating his jail experiences, he assumed a different persona altogether. There was a sense of intense gloom and despair in his eyes. “What I saw and went through in jail was beyond my imagination,” he said, adding that “I used to think aisa angrezon ke samay hi hota hoga (things like this could have only happened during colonial rule).” Yadav said he was severely tortured and even kept in solitary confinement during his incarceration, apart from routine beatings by the other inmates on the instructions of the jail officials. Listening to Yadav was like re-reading journalist Iftikhar Gilani’s jail memoir, My Days in Prison. Gilani had been jailed in June 2002 on the charges of possessing ‘classified documents’ and booked under the draconian Official Secrets Act. The only evidence presented was a report he had downloaded from the internet. Eventually, he was discharged. In his memoir, Gilani writes, “I was beaten up many times while inside the prison. For 41 days, I worked as a labourer…”

Not everyone goes through the trials and tribulations that Yadav and Gilani underwent. Jail can be quite a ‘haven’ for some, depending primarily on one’s socio-economic background and political influence, irrespective of how grave the charges or the crimes committed. In fact, it’s possible that the graver the nature of the alleged crime, the better the facilities you can avail. All, of course, through illegal means. Unfortunately, in jails, illegality is the norm.

Sunetra Choudhury’s book Behind Bars: Prison Tales of India’s Most Famous tells us how all of this is possible. In so doing, she gives us a glimpse of the underground and parallel economy of jails across the country. Based on extensive secondary research and detailed interviews with people who have spent time in jail as well as those who have worked in or on jails, Choudhury presents a series of stories which are nothing short of eye-opening – dare I say, even eye-popping – in their revelations.

Choudhury profiles the incarceration of 13 people who are either in jail or were at one point of time. While the book mostly concentrates on describing famous people in prison, it does cover others as well. Among the former are politicians Amar Singh, A. Raja and Pappu Yadav, the arms dealer Abhishek Verma’s wife, Anca Verma, CEO Peter Mukherjea and Maoist ideologue Kobad Ghandy. Businessman Subrata Roy of Sahara also finds a brief mention in the introduction.

Narrating her meeting with Roy, Choudhury writes:

“After walking through a long corridor inside the Chandragupta suite [at the Maurya Sheraton, New Delhi] that had been used by heads of state, and after passing a room that only had his shoes, I was ushered into a sitting room with Roy. He was very polite and spoke to me in Bangla, appreciating my work as I’m sure his secretary may have briefed him. Someone brought in some mishit doi and sandesh. As soon as I took out my notebook he said, ‘Listen, don’t include me in this book of yours. I’m not a criminal.’ I told him that not everyone featured in my book would be a criminal. Many would be those wrongly accused of crimes which led them to unfairly spend long years in custody. ‘But I am different. There isn’t even an FIR against me,’ he clarified.”

Roy was given VIP treatment during his jail term. In fact, as the author informs us, he paid a whopping Rs 1.23 crore for the facilities that he received in Tihar. He lived like a king even in jail.

Unbelievable and ridiculous as it may sound, the sad reality is, in the words of Anca Verma, “If you steal 1,000 rupees, the hawaldar will beat the shit out of you and lock you up in in a dungeon with no bulb or ventilation. If you steal 55,000 crore rupees then you get to stay in a 40-foot cell which has four split units, internet, fax, mobile phones and a staff of ten to clean your shoes and cook you food.” This singular quote from the book speaks volumes about the privileges and deprivation faced by people in jails, given their money power and political connections. It also tells us about the rotten nature of our criminal justice system. However, as the author notes, “special treatment in jail is, of course, not a new phenomenon.” She draws our attention towards the case of the infamous Charles Sobhraj. However, what is striking is how, over a period of time, a new normal of ‘super’ special treatment for a certain type of jail inmate has been drawn into our discourse.

Among the most tragic and lesser-known stories is the one of Rehmana. Hers is a clear case of guilt by association. Now out of jail, she is the wife of Pakistani national, Arif who is currently on death row for being an operative of Lashkar-e-Tayyiba convicted in the Red Fort attack case. Though there are several unanswered questions about Arif being an operative of the LeT and his involvement in the attack, Rehmana and her entire family suffer for the crime. “Don’t write their names,” Rehmana requested the author when she met her for an interview.

“Rehmana’s aware that she’s already created considerable problems for everyone associated with her. One of her sisters, a government school teacher in Bhopal, is afraid that Rehmana has spoilt her daughter’s chances of getting a good match. Her brother, a year younger than Rehmana, is still mentally disturbed by all that had happened. Rehmana may have married Arif but they were all hauled to the police station for one night in December. And that night’s nightmare is still too scary for them to emerge from.”

The story of the transgender bar dancer Khushi Sheikh as well as that of the school teacher and a once terror accused Wahid Sheikh are nothing short of horrifying. In both these cases, the perpetrators are those who are entrusted by law to protect the lives and liberties of the people – the police. Referring to Wahid’s case, the author confesses that “Even after two decades of reporting, his account gave me sleepless nights. I realised how in daily journalism we err in relying too much on what authorities say, in not questioning the prosecution agency.”

“Wahid stands acquitted after a decade in jail yet there is no compensation for the time he has lost, for the wounds that he bore from prison. Wahid has given real names of his tormentors, not just to me, but to courts and judges. All of them are decorated police officers—A. N. Roy, K. P. Raghuvanshi, Vijay Salaskar. You can’t dismiss his words because he (Wahid was not convicted) and the others who have been convicted can show you a Mumbai High Court judgement which upholds how they were beaten in jail, their rights violated and then denied medical treatment.”

Though the author regrets not having been able to include the stories of politician M.K. Kanimozhi, IPS officer R. K. Sharma and actress Monica Bedi, one feels that she could have tried including some of the most important stories of those who are either still lodged in jail or have spent years in the prisons of central Indian states like Chhattisgarh, Odisha and Jharkhand. Stories of people like Soni Sori, Linga Kodopi and Jiten Marandi would have enriched the book. Nevertheless, it is a well-researched book and should be read widely and translated into Indian languages.

 

Jailed for Over a Year, Chhattisgarh Journalist Santosh Yadav Granted Bail

BY THE WIRE STAFF

 

Bastar-based Santosh Yadav had been jailed in September 2015 by the Chhattisgarh police who accused him of having links with Naxals and of involvement in operations against the security forces.

 

Chhattisgarh journalist Santosh Yadav was granted bail by the Supreme Court, the Committee to Protect Journalists (CPJ) announced in a tweet. Yadav was arrested in September 2015 by the state police under the Chhattisgarh Special Public Security Act for “associating with a terrorist organisation” and “supporting and aiding terrorist groups”.

Yadav, a Bastar-based freelance journalist, was arrested on September 29, 2015, after Chhattisgarh Police Special Task Force Commander Mahant Singh had said he saw him standing behind a Maoist fighter during an ambush in Darbha in August of that year. The district police echoed Singh’s claims, accusing Yadav of being a Maoist sympathiser; the superintendent also announced that Yadav was suspected of having links with Shankar, a Maoist leader in the area. However, Singh later “expressed inability to identify the accused with certainty”, according to an identification parade memo dated January 1, 2016.

Described as a fearless writer by fellow journalists, Yadav has contributed stories to various Hindi dailies including Dainik NavbharatPatrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

Yadav had served as a point of contact and verification for other reporters writing Bastar, which has been described as a media blackhole, with journalists subjected to routine threats, intimidation, and harassment by both Maoists and the police.

In the chargesheet filed by the Chhattisgarh Police on February 17, 2016, Yadav was charged under various sections of the Arms Act 1959 and the Explosive Substances Act 1908. He was also charged under sections of the Unlawful Activities (Prevention) Act 1967 (UAPA) and the Chhattisgarh Special Public Security Act 2005 (CSPSA), both of which are anti-terrorism legislations.

Sudha Bharadwaj, general secretary of the People’s Union for Civil Liberties, told Scroll.in that the UAPA and the CSPSA are “widely held as draconian as the ‘unlawful activity’ laid down in these Acts are vague and so broad as to be highly amenable to gross abuse and arbitrary and unreasonable action by the state police and administration”.

Yadav’s case points to the broader issue of dwindling press freedom in India, coupled with increasing rates of violence against journalists. In its report published in December 2016, the CPJ had said Yadav was the only Indian journalist to be imprisoned because of his work. According to the 2016 World Press Freedom Index released by Reporters Without Borders (RSF), India ranks abysmally low at 133 among 180 countries, The Hindu reported.“Prime Minister Narendra Modi seems indifferent to these threats and problems, and there is no mechanism for protecting journalists,” the RSF report asserted.

 

Prosecute  Sanjay  Dutt  under  TADA 

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada  ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

 

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges  ,

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

 

In ‘safe’ custody

 

Meenakshi Ganguly, South Asia director, Human Rights Watch, throws light on custodial torture

 

In-custody torture, though illegal under law, is often resorted too, worldwide, making it one of worst forms of human rights violations. Meenakshi Ganguly, former Time journalist and now, South Asia director, Human Rights Watch, takes up a few questions here to address the subject. Excerpts:

Do you think India should also come out with an official report documenting in-custody torture as the U.S. Senate recently did on CIA’s secret torture program?

Torture and other ill-treatment are absolutely forbidden under universally applicable international laws. Most that defend torture argue, as was done by the CIA, that harsh methods are necessary when there is great danger to public security. They speak of the ‘ticking bomb.’ In fact, any experienced interrogator would agree that using torture is not effective because it can produce inaccurate intelligence or generate false leads. The Senate Select Committee on Intelligence (SSCI) report on the CIA’s detention and interrogation program shows that not only was the CIA torture far more brutal and harsh than previously admitted, it was not an effective means of producing valuable or useful intelligence. Repeated claims that the program was necessary to protect Americans turned out to be false.

India has prepared a draft bill seeking to prohibit torture. But as long as there is a culture of impunity, where public officials are protected from prosecution, the law will fail.

Some argue that our judiciary already has enough checks and balances to protect prisoners from abuse. Do you agree with it?

Indian law does not allow confessions to the police as evidence because there is concern that such confessions might be coerced. Under POTA, confessions to the police were permitted, and eventually the law was repealed because it was abused.

Although most police will argue that “third degree” is generally discouraged, in our discussions with the police we also found that it is the most used instrument in their non-existent toolkit. Overworked, where good work is seldom rewarded, junior level staff is expected to produce prompt results — and they do so by rounding up suspects and beating them, hoping to solve the case. Inevitably, they end up with false leads, often make wrong arrests and are unable to secure convictions due to lack of evidence. Poor witness protection and harassment to witnesses also means that they do not want to get involved in a long drawn out trial.

The senior officer level police complain of undue pressure from politicians and powerful figures, who can act as patrons to criminals, demanding they be protected from arrest and prosecution. Instead of upholding the law, it is the police that end up breaking it. The Supreme Court has ruled that the government must engage in police reform. This is crucial to ensure that police in India becomes an effective and accountable force. The judiciary rightly acquits people for lack of evidence. But if police does not receive the training to gather proper evidence, it also means that criminals can get away, while innocents suffer wrongful Muslim, calling me a traitor arrests, torture, and lengthy under trial detention. It also leads to an even more frightening outcome — where the police do not have evidence to convict, they decide to be both judge and executioner, doling out punishment that can range from slaps to extrajudicial killings, or fake encounters.

What vital points does HRW’s in-custody torture report of 2011 throw up?

We found that there is urgent need to implement reforms to the criminal justice system. The police in India operates as it did under colonial rule. We found that fear of police is a barrier to seeking justice. Women and children, victims of sexual attacks, said they feared further abuse if they did venture into a police station. Dalits complain that if they muster the courage to complain, they often find that the victims are made to sit on the floor outside while the upper caste perpetrators are served tea by the officer. Muslims complain of being held in suspicion.

The constabulary and the police station is often the only State presence available to the public, and it is not a pleasant experience. Many policemen agreed that they are often rude and harsh, but they also point to their own frustration, having to deal with a range of issues from domestic violence to communal riots, often because the civil administration simply fails to do its part inimplementing policy. We found police stations with desktop computers, but no electricity or even a trained operator, forget access to data and information. At some places, the residential quarters were shocking. Policemen said they are accused of demanding money when they have to travel a distance in rural areas to investigate a complaint, but said there was a shortage of vehicles or funds to pay for fuel. On the other hand, we found that many State governments are yet to establish independent and effective human rights commissions or set up a complaints authority to investigate police abuse.

Don’t we have guidelines to prevent custodial torture?

The Supreme Court and the NHRC have laid down guidelines. Unfortunately, they are routinely ignored. That is why there is such a strong demand to seek the repeal of AFSPA to be replaced by one that has stronger human rights protections. The law provides widespread powers, but protects soldiers when those powers are abused.

In the investigation of terror attacks, police have made mistakes, often due to the use of torture. The Andhra Pradesh Minorities Rights Commission, for instance, found the wrongful use of torture and recommended compensations. In one case in Orissa, we had a man tell us that he was beaten by the police so severely, his leg was fractured. In agony, when the police continued to hit his injured leg, he blurted out the names of his office colleagues, who were then arrested and tortured. All of them were charged under the counter terror laws as members of the banned Maoist groups. Eventually, they were found to be innocent by the courts.

India is yet to sign the UN Convention Against Torture. Will it help?

Pakistan, Bangladesh and Sri Lanka had even permitted UN special rapporteurs on torture to visit their countries but reports of in-custody torture continue to pour in from such countries. Police often say that human rights impose restrictions when tough measures are needed for tough challenges. Unfortunately, any compromise is only going to lead to bad outcomes.When the State allows, even rewards, its security forces to violate the fundamental principles of the Constitution, it rarely turns out well. It leads to corruption at the very least. It can also turn policemen into killers for hire, or as a military court discovered recently, lead soldiers to kill innocents for profit.

In Sri Lanka, we have documented torture including sexual abuse of suspected LTTE supporters and sympathisers. In Bangladesh, the Rapid Action Battalion was created as a counter-terror force, but instead has repeatedly been accused of extrajudicial executions. People want to feel safe. However, we often find that denial of rights can cause security challenges, but the continued violation of human rights aggravates the situation, leading to a cycle of violence and placing innocents at risk.

 

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

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

https://sites.google.com/site/indiansdiary/ ,

https://groups.google.com/forum/#!forum/indians–diary  ,

https://indiansdiary1.blogspot.in/ ,

https://in.groups.yahoo.com/neo/groups/indiansdiary/info ,

http://naghrw.tripod.com/ ,

http://evoiceofhumanrightswatch.wordpress.com / ,

 

Contact  :   Naag@protonmail.com ,  Naag@dalitonline.in  , 

Secure  Mail :  Naag@torbox3uiot6wchz.onion ,

Dalits Muslims & Cow Slaughter

Indian’s  Diary – e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.28….….15 / 07 / 2017

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

–          An  Appeal  to  H.E.President  of  India

 

Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.

Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ?

Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB – Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…
They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices.
Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller – The Times of India

·         Beef exports up 44% in 4 years, India is top seller – The Center’s Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate…

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26%
3.            Australia              1,593,000             17.38%
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

“…Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores?

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals’ beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens’ bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way.

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded.

Other forms of brutality include the “Halal method,” where the animal’s neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar “method” is hanging the live, fully conscious animals upside down while their carotid arteries are cut.

Once aware of these procedures, many fast-food fans are reconsidering their diets. “It is repulsive and sick what is being committed by humans to animals in the U.S.,” said Ashley Coutier, a resident of Sparta. “It should be stopped as soon as possible.”

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. “I have heard about some of the things slaughterhouses do, but there are some things I just don’t want to know and I am better off not knowing about,” said Steve Snow, a sophomore at Sparta High School…”

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml

“…A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece”. Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.

http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 

First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. …The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage….

 

For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process.”

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, ” I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. …The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced….. 

“[M]any of the … regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'”

Grandin explained, “The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car’s speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way.”

 

Grandin recommended clear bans on certain practices. She further recommended “animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level.”

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, “I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance.”

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http://www.animallawcoalition.com/farm-animals/article/492

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Brussels – The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe’s butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

“As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” said EU Health Commissioner Androulla Vassiliou.

Vassiliou’s proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

“These proposals are a step in the right direction and will benefit millions of animals,” said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

“It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques,” Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

“A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals,” said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission’s proposals would also apply to non-EU producers who export their products to member states. (dpa)

http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

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EU wants welfare officers in slaughterhouses

Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).

If approved by all 27 member states, the European Commission’s proposal will “integrate welfare considerations into the design of slaughterhouses,” requiring the killing techniques to be constantly monitored.

A cow restrained for stunning ahead of slaughter

Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.

Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.

“As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process,” EU health commissioner Androulla Vassiliou said.

“The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators,” she added.

Animal rights groups hailed the commission proposal.

Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: “The commission made no mention of religious slaughter,” pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. “There, a large amount of sheep meat comes from animals killed via religious slaughter,” Mr Blaakman said, while Sweden permits no exceptions on religious grounds.

Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one’s own back yard instead of at slaughterhouses.

 

DECLARATION

 


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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police 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.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

 

date :  08.07.2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

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

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

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PIL – Compensate Prisoners

S.O.S   e – Voice For Justice – e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.27….….08 / 07 / 2017

 

 

PIL –   Compensate  Prisoners  illegally  detained

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

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

Hebbal , Mysore – 570017 , Karnataka State

….Petitioner

 

Versus

 

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

 

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

 

To ,

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

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

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

  1. Facts of the case:

 

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for

power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

Majority  of  prisoners  in  Indian  jails  belong  to   poor , minority , oppressed  sections of society and  2/3rd  of  prison  population  comprises of undertrials.  Are  not  there any criminals  among rich , affluent  and forward castes , majority community ?  It  proves the bias , prejudice  of  police , establishment. There are  good  , honest  people  as  well as criminals  in  all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament  , but due to their  caste , financial clout  escaping from conviction , legal prosecution.

As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.

As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.

India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities – which in itself is illegal.

Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.

Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.

Few   prisoners convicted by lower court due to bias of police , prosecutor  &  lower court judges are acquitted by higher courts.  However  due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for  years , decades. But the culprits  Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this  manner  even innocents are killed in fake encounters or  by death sentence.

It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

If  the Supreme Court of India ,  NHRC  delays  in acting on this PIL  petition  resulting in  prolonged  imprisonment of  undertrials , convicts or Innocents , Supreme Court of India  / NHRC  judges  also jointly become responsible for the  crimes against those  illegally imprisoned and  SCI judges are also equally responsible to pay compensation from their personal pockets.

 

  1. Question(s) of Law:

 

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

 

  1. Grounds:

 

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

 

  1. Averment:

Prosecute  Sanjay  Dutt  under  TADA

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada   ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan  ,

 

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges   ,

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

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

 

 

PRAYER:

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

SC dismisses state govt’s plea against acquittal of man who “mistakenly” served seven years in prison for rape

 

In a setback to the Maharashtra government, the Supreme Court has dismissed a petition filed by it seeking permission to file an appeal challenging the acquittal of a Ghatkopar resident booked for rape in a case of “mistaken identity”. Gopal Shetye had served seven years in prison for the rape case and has now filed a case in the Bombay high court seeking Rs 200 crore as compensation for the “wrongful prosecution”.

 

“There is a delay of 357 days in filing the special leave petition, which has not been satisfactorily explained (by the state),” said a division bench of Justice A K Sikri and Justice N V Ramana. “Also the fact that Shetye, though acquitted, has served the complete sentence awarded by the Trial court, we are not inclined to entertain this special leave petition,” the apex court bench added while dismissing the state’s plea as barred by limitation.

 

 

The state had filed the appeal after Shetye filed his petition seeking compensation.

 

 

Shetye, who used to work in a hotel in Ghatkopar, was arrested on July 29, 2009. He later found out that he was charged with raping a 28-year-old woman from Aurangabad sleeping on a railway bridge at Ghatkopar station 10 days prior to his arrest.In 2010, a sessions court convicted him and sentenced him to seven years jail. By the time, the HC decided his appeal, he had served his jail term. In 2015, HC found no evidence to link Shetye to the murder.

 

 

The victim had said that the man who raped her was “Gopi” and the court said that the police themselves had floated the theory that “Gopi” was Gopal Shetye.

 

 

The HC had also picked holes in the police case—Shetye was shown to the victim in the police station before the test identification parade and the investigation agency had not produced the CCTV footage.”This was a case where the identity of Shetye as the culprit had not been satisfactorily established,” the HC had said. “The investigation had not been satisfactory. No serious efforts were taken to find out the truth or to collect evidence.”

 

False Terror Cases: Can Compensation Assuage a Victim’s Trauma?

By  Alok Prasanna Kumar

 

With a trial court acquitting two out of the three accused in the Delhi blast case of 2005, The Quint revisits the debate on whether the state is liable for compensation for falsely implicating the innocent in terror-related cases. This article was first published on 31 January 2017.

Another so-called “terror case” prosecution has fallen apart in the light of judicial scrutiny. Eleven years after Delhi’s notorious “Special Cell” detained Irshad Ali and Maurif Qamar for allegedly being members of the Al-Badr Brigade, a trial court in Delhi acquitted them of all charges pointing out that they were in fact police informers who had been falsely framed.

This is in addition to the debacle it suffered in court over the “Malda fake currency” case, where the Special Cell claimed to have caught – in filmy-style – men attempting to smuggle fake currency into Delhi. Once again the trial court found out that there was simply no basis for the Special Cell’s case.

Adambhai Ajmeri was found guilty of having been part of the terrorist attack on the Akshardham Temple in Ahmedabad, his conviction was upheld by the Gujarat High Court, but was entirely acquitted by the Supreme Court that found that the whole case had been concocted against him and five others. This was after 11 years in prison and eight years on death row.

 

Victimisation of Minorities

I could go on, but the stories are depressingly identical. Innocent men – mostly Muslims – are picked up in the name of “anti-terror operations”, detained for years, while evidence is cooked up and false charges slapped on them. Usually these cases fall apart on the most basic judicial scrutiny. Sometimes, as in Adambhai’s case, it requires the Supreme Court’s intervention before justice is done.

All of these cases are indicative of a deep-rooted prejudice and dysfunction in our police forces.

Delhi Police’s “Special Cell” may be the most notorious, but by no means exceptional in its persecution of innocents. The Jamia Teachers’ Solidarity Association has documented 16 such cases, including Irshad and Qamar’s cases. Such abuse of the criminal justice process and the victimisation of Muslims have been well-documented and widespread.

It’s not just Muslims in the context of terror cases. People from socially and economically backward classes are also severely discriminated against by police when it comes to even routine cases.

 

Is the State Responsible for False Charges?

  • The root cause behind false charges in terror-related cases is the lack of reforms in the police, often seen as an instrument of state control.
  • The State owes responsibility in false terror cases since the law establishes that onus of malfeasance of public servants lies with the government.
  • What needs to be worked out is a mechanism of providing compensation to the victims, by the State and its intricate bureaucracy.
  • Compensation should be provided only in cases where the accused has been in custody for more than 60-90 days and the case is a fabricated one.
  • There should be a punitive element as well, making the errant police officers liable to bear a certain amount of the compensation.

Discrimination Against Tribals, Dalits

The caste-wise break-up of under-trials across the country, and also those who have been sentenced to death, shows a distinct bias towards the Dalits and adivasis. The recent “Swathi murder case” is another example of this discrimination. After detaining a Dalit man, who was accused of being the murderer on the most flimsy evidence, police were unable to file a chargesheet even six months after having allegedly “cracked” the case.

His death in police custody – in poorly explained circumstances – only makes the initial arrest and investigation more suspicious. Many adivasis still languish in jail as the Chhattisgarh government detains them under the notorious Special Public Security Act, 2005, slapping multiple false cases on them, denying even basic legal protection to the most vulnerable sections of the society.

The basic, underlying cause for this is the fact that the colonial police force inherited by the modern Indian state has not been reformed at all. It is still seen as an instrument of state control of the subject population, both by the rulers and the ruled. The police forces are ill-equipped and ill-trained to be modern police forces fit for a constitutional democracy, and are in no way representative enough to inspire confidence in the weaker sections of the society.

Need for Police and Judicial Reforms

Reforming the police forces will take a generation at least – that is, if the state governments cease resistance to reform and seriously start implementing even the most basic recommendations made by the Supreme Court. There is a need for a much-wider reform, including reconceptualisation of what a police force in India is supposed to do, who it is supposed to protect and from whom.

That said, there are some things that can be done instantly to remedy the injustices suffered by those who have been at the receiving end of the police malfeasance in criminal cases.

One argument that is made is the granting of compensation to those who have been victimised by false terror or other criminal cases. However, this didn’t find favour with the Supreme Court recently when the victims of such false accusations approached it seeking compensation.

Responsibility of the State

There is no denying though that the need is pressing and the State cannot escape responsibility. It is well-established in law that the state is responsible for the malfeasance of its servants in the course of their official duties. This principle is applicable even if the government servant exceeds her brief, but so long as the act was done while she was “in uniform” (so to speak), the Government can be held liable. This is a claim that can be made not only in the context of the law of torts, but also in the realm of constitutional law.

For instance, the Union Government on the orders of the Calcutta High Court and the Supreme Court, had to pay compensation to a Bangladeshi woman who was raped by the Indian Railways employees on railway premises. Custodial deaths have been held to entitle the deceased’s family to compensation from the government responsible. Most recently, we have seen the National Human Rights Commission direct the Chhattisgarh government to pay compensation to the adivasi women who were raped by the security forces.

But, false terror and other criminal cases are not one-off failures that require one-off remedies from the court. The victims of the criminal justice system, who have suffered economically, emotionally, physically and psychologically for years on end can’t be expected to gird their loins for a long and bruising battle in courts. The problem is systemic and so should be the solution.

Compensation for the Victims

Equally, it would also be utopian to expect the State to set up a sufficiently-responsive and active mechanism to provide compensation for such victims of the criminal justice system. Given that most of the victims are dis-empowered, to expect them to negotiate the intricacies of bureaucracy and other state agencies on a matter where the State would already be disinclined to believe them would be an unfair burden.

In such a situation, what reasonable solution can we offer?

One possible answer is to empower the court that acquits or discharges unfairly charged persons to award compensation to those whose lives have been destroyed by the false case. Since this court or more specifically, this judge, is the one who has just examined all the evidence in a case and has taken a call on the guilt or otherwise of the accused, where the judge finds that the case has been falsely foisted on a person by the police, she should be empowered to award compensation to the person she has acquitted or discharged.

To make this mechanism more effective, and targeted, compensation should be awarded not in all acquittals, but only when two criteria should be met: the accused should have been in custody for more than 90 days or 60 days statutory limit placed in the Code of Criminal Procedure, 1974 and that the case should have been patently false. The latter would be fulfilled if the police did not follow the statutory procedures in collecting evidence, or made false statements in the court or elsewhere, or are shown to have subjected the accused to torture or other degrading treatment to obtain a confession. This does not preclude separate criminal proceedings against the concerned police officers for perjury, assault and other crimes; it will ensure that at least the unfairly accused gets some relief.

Quantum of Compensation

The concerned court should be empowered to take any further material that the victim can place before deciding the quantum of compensation. The compensation should not only address the economic aspect, loss of income, and expenditure on litigation, but also address the emotional and psychological trauma that such false cases cause. There should, in addition, be a punitive element to this compensation that should, ideally, be recoverable from the concerned police officers.

The concept of a criminal court awarding compensation is not unknown in the Indian law. Section 357 of the Code of Criminal Procedure, 1973, allows the court to direct the payment of compensation to the victim of a crime from the fine payable by a convicted person.

State Governments Should Take the Lead

Likewise, if an accused has been arrested on the basis of a complaint given by a person, and the court finds that no case was made out against accused, it can award compensation to such accused in accordance with Section 250 of the Code of Criminal Procedure. It is also not entirely unfamiliar to the system – in most places the same judge exercises both civil and criminal jurisdictions in a given district. To that extent, it is a reform that is rather easily implementable.

When compared with large-scale police reform, this is relatively low hanging fruit for the state governments in India to undertake. That our criminal justice is broken and dysfunctional cannot be disputed. Rectifying it should not only focus on addressing the larger issues, but also address the needs of the victims of this system.

 

 

Prisoners of the system

By  Sonam Saigal

 

Terror suspects find themselves jailed for long periods without trial, and when proven innocent, find that the country does not make any kind of reparation

On January 15, 1994, Mohammad Nisarudin was at home in Gulbarga, Karnataka, preparing for his Diploma in Pharmacy final exams, 15 days away. After he qualified, the 19-year-old planned to get a job in one of the Gulf countries, a dream he and his best friend Sajid (name changed) had talked about since they were seven. But that day, the police knocked at the door of his parents’ home and took him away in handcuffs. Initially, the police booked him for a bomb blast that had taken place in October 1993 in a Muslim educational institute in Hyderabad, then he was booked in a few unsolved bomb blasts that had taken place in August and September in 1993, then he was booked under the anti-terror law Terrorist and Disruptive Activities (Prevention) Act (TADA) — which was repealed two years later, in 1996 — for planting the bombs that took two lives and injured 22 in five trains on December 5 and 6 1993 in Mumbai, and after a ‘confession,’ put into Ajmer Central Jail. On February 28, 2005 a TADA court at Ajmer convicted him and gave him a life sentence.

Mr. Nisarudin stayed there for 23 years labelled a terror-accused. “Main yaad bhi nahin karna chahta unn dino ko; mujhe darkinar kar diya tha 73 days ke liye, chaar din tak khade rakha bediyon se baandh kar. (I don’t even want to recount those days, I was isolated for 73 days in the lock up, was made to stand and chained for four days]. On May 11 2016, the Supreme Court ruled that his confession, which was taken in police custody, was totally inadmissible, acquitted him of all charges and set aside his life sentence.

Left behind

When The Hindu spoke to Mr. Nisarudin at the home of his older brother Zahirudin, in Gulbarga, Karnataka, his voice quavered with emotion. “23 years of my life are gone to prove my innocence. Sab mujhse aage badh gaye, aur main sabse peeche reh gaya [Everyone has gone ahead in life and I am left far behind]. Most of my friends have gone abroad and those here don’t relate to me anymore. They could not even recognise me, how would they? There is a difference in the 19-year-old Nisarudin they last saw and today’s 42-year-old. An entire generation has gone by.” When this reporter asked him whether he had sought compensation of any kind from the State, his sorrow turned to anger: “How can I be compensated for all the years lost? Can I ever be compensated in any manner?”

Unable to carry on, he put his brother on the line. Mr. Zahirudin says that the family has used up all their savings in the long legal fight to bring Mr. Nisarudin home and were living day to day at the moment. “We do not have any resources to fight another legal battle.” Mr. Zahirudin says. “It takes a lot of money to do so and we lost all that we had to bring my brother home. Even if I seek action against those who falsely implicated him, half of them are dead. What is the way forward then?”

The focus now, Mr. Zahirudin says, is to help his brother put his life together again. “He is also entitled to be happy, just like you and me. I want to see him settle down. But people still don’t want to get their daughter or sister married in our family. Not only my brother, my entire family is a victim of the judiciary.” He says that though he tries to explain that his brother was falsely implicated and has been proved innocent, people fear that because he was accused of a terror crime, he will probably be picked up by the police for any blast that takes place in the country.

What rankles most is that though his brother has spent more than half his life in jail, the system has not expressed regret: “The least the judges could have done was expressed some sympathy or remorse.” In his opinion, the system has much to answer for; he says that when TADA was repealed his brother should have been released, but because presiding judges got transferred, public prosecutors were absent or repeatedly sought adjournments, it cost Nisaruddin 23 years in jail.

Victims of the system

While the length of Mr. Nisarudin’s incarceration is an extreme, his isn’t an isolated case.

Take Abdul Wahid Din Mohammad Shaikh, 39 now. He was charged of complicity in the Mumbai train blasts of November 7, 2006 and spent nine years in Arthur Road Jail in Mumbai before being acquitted of all charges — the only one of those accused to be acquitted — and released. Mr. Shaikh told The Hindu that all the accused were made to sign many documents, some of which were blank. “Had I known the consequences I would have never done so.” While in jail, he enrolled in a law course, and finished a course in journalism. If he knew something of the law at the time he was arrested, he said, “I would have known what a confession is, what the consequences of signing on any written or blank pages are, what is the rights of an accused are, what the rights of those arrested are, what the duties of an investigating officer and agency are.”

While he was in prison, his wife, who had never stepped out of the house, had to go out to work to make ends meet. Now that he is free and exonerated, his goal is to secure the release of the others who were, in his opinion, wrongful implicated and convicted in the same case. “Once those trapped in this case are out, I will strive to release those languishing in jail for being falsely implicated.”

And there is Adnan Mulla, 40, who was sentenced to 10 years for the Mulund blasts of March 1, 2003. Initially he was illegally detained in 2003 and not released because the police wanted to make him a witness. Then he was made an accused after he refused to give a statement against his brother-in-law of Saquib Nachan (former general secretary of the now-banned Students Islamic Movement of India, SIMI). “I spent six years and one month in jail,” he says. Throughout his incarceration, he was kept in the anda cell, an egg-shaped high security block. “I was going to get married the same month I was picked up,” he says. “My fiancée waited for seven years for me to be released. Only I know how much she and both our families suffered. How can the loss of time be compensated by any officer or government?”

A system in need of reform

In 1765, in Commentaries on the Laws of England, jurist Sir William Blackstone wrote, “It is better that ten guilty persons escape than that one innocent suffer.” While India borrowed much of the UK’s legal system, the spirit of the ‘Blackstone Formulation’ (as it has come to be known) does not seem to be followed. (See box.)

There are no figures for the number of people released for lack of evidence after long spells in prison. Even more disquieting is that India does not have any compensation for people who have lost years of their lives to the justice system.

“Under normal circumstances we want to book the real culprit and have no motive to trap someone in a case,” says Prakash Singh, a retired Director General of Police. “We want to do a fair investigation, but the instruments of investigation are blunted and rusted as the police apparatus is in bad shape. It is possible that police officers are susceptible to bias and pressures from all areas and if politicians decide, don’t catch people from my community but from the other one, then there is selective prosecution.”

“When there is a terror case, you should have an open mind and take into consideration all aspects,” Mr. Singh says. “It is unfortunate that 90% of the time members of a certain community are involved. When one is investigating, I am not denying there may be some prejudice as there are pressures. Sometimes there are mistakes, and sometimes just because someone has a bad character and is in the bad books, an officer succumbs to the temptation [of implicating him]. These things do happen in real practice; I am not denying it.”

Although the Supreme Court has granted compensation in some cases in the past, it has not laid down any guidelines on how compensation can be calculated. One possible difficulty: terror cases are very different from, say, a motor vehicles case, which can have a formula.

Advocate Indira Jaisingh, former Additional Solicitor-General of India says, “The first step for the State would be to just acknowledge the wrong-doing. Then reparation. This will also act as a deterrent, as the officers need to be more careful in future. The demand for compensation certainly raises an issue that the Indian legal system has to learn to deal with, whether by legislation or in courts.”

Right to compensation

“The right to compensation is a human right,” says advocate and human rights activist Vrinda Grover, “and it is the responsibility of the State in falsely implicated cases because people are picked up for their religious affiliation or denomination and the police, who is an agent of the State, know that the person has nothing to do with the case but wrongly implicated the person.”

Courts have the power to compensate, says P.D. Kode, a retired judge of the Bombay High Court, “It depends upon the judge; once the trial is over and he has ascertained the evidence and if a person is prosecuted maliciously, the victim can file a suit for damages.” He says that high courts have awarded exemplary compensation in many cases, for example in ‘encounter’ cases. “They have to show that witnesses were liars. If such things come on record, the court has the power to order compensation. If courts come to a conclusion that the accused was framed, courts have wide powers to do justice to the accused.”

The Innocence Network (IN) is an affiliation of organisations that provides free legal and investigative services to individuals seeking to prove their innocence of crimes, and supporting them after they are freed. It is also working to eliminate the causes of wrongful convictions. IN suggests that the government should grant compensation to the those exonerated, for the loss and harm caused to them and for violating their rights under Article 21 (Right to Life) of the Constitution of India. It says compensation should be calculated on case-to-case basis, factoring in the length of incarceration, loss of income, loss of opportunities (of education, possibilities of livelihood, skills), and the amount spent on legal fees, as well as more intangible harm like the loss of family life, stigmatisation, psychological and emotional harm caused to the accused and their families. They also recommend that the amount may be recovered from the officers responsible for the wrongful arrests and prosecution.

Ms. Grover agrees that compensation must be directly taken from officers responsible — so a clear signal is sent that these acts won’t be condoned — but says that an arithmetic calculation could not be done. “But there needs to be a very high compensation, something to the tune of ₹10 lakh is a small minimum.”

Justice A P Shah, former Chairman of the Law Commission and a member of the jury of the Innocence Network, says, “Terror cases are very different. With the stigma of being associated with terror cases, families are huge sufferers. Ideally we should have legislation but even in the absence of that courts have awarded compensation in several cases. The courts have even booked erring officers if evidence is fabricated, officers are booked for perjury, contempt of court and other offences under the Indian Penal Code.” He says that since the Prevention of Torture Bill, 2010, has not been introduced in Parliament — it was sent back by the Select Committee four years ago — the only way to fight is in the court of law.

Abandoned by all

“Ours is a befitting case for compensation,” says Mr. Zahirudin. “But there need to be categories for those acquitted: benefit of doubt, insufficient evidence, falsely implicated. The third category needs to be chalked out differently. The courts need to look into reasons of why this happens and how and why someone is implicated. Why is only a certain section of the society targeted? Pick up any blasts case whether it is Ajmer or Malegaon…”

Mr. Nisarudin interrupts, not quite calm, but less emotional now: “I want to start a business of my own. I always wanted to open a hardware shop with my brother, but we have no money to do so. Will people come forward and help me financially in any manner? If they do it will go a long way in rehabilitating me. I have very little hope from the government.”

The story has a small silver lining. The Hindu first spoke to the brothers in December 2016. A few weeks later, the family found a bride for Mr. Nisarudin, “after great difficulty,” his brother says. He was married on February 10.

How the world makes reparation

Article 14 (6) of International Covenant on Civil and Political Rights: When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

  • United Kingdom: The Home Secretary, under specified conditions and upon receipt of applications, is obligated to pay compensation for wrongful conviction or incarceration.
  • France: Code de Procedure Penale follows International Covenant on Civil and Political Rights.
  • Germany: An Act of Parliament (the Law on Compensation for Criminal Prosecution Proceedings 1971) specifies that whoever has suffered damage as a result of a criminal conviction which is later quashed or lessened the applicant shall be compensated by the State.
  • Australia: In 2004, the Australian Capital Territory incorporated a slightly reworded version of Article 14 (6) within ACT legislation. As per the Human Rights Act 2004, an individual who is wrongfully convicted of a criminal offence may seek compensation.
  • New Zealand: A guided discretionary system of compensation under the Compensation and Ex Gratia Payments for Persons Wrongly Convicted and Imprisoned in Criminal Cases.

Born to the wrong community

According to the National Crime Records Bureau’s 2015 statistics, out of 185,182 prisoners in Central Jails, 94,675 (51.1%) are ‘undertrials’ (the term for people who are suspected of a crime, arrested, incarcerated but not yet tried in court) and in district jails, out of 180,893 prisoners, 143,495 (79.3%) are undertrials.

NCRB numbers say that over 55% of undertrials across the country are either Muslims, Dalits or tribals. Scheduled Castes are 16.6% of India’s population, and Scheduled Tribes are 8.6%. Muslims are roughly 18% of India’s population, but make up 15.8% of the country’s convicts and 20.9% of its undertrials.

The creaking legal system means that long periods can pass before a case comes to trial: in 2013, 62% of total inmates were undertrials who had been in jail for more than three months; on 2014, that figure was 65%.

A study by the Quill Foundation’s Centre for Research and Advocacy on terror prosecution in Maharashtra since 1993 found that an overwhelming number of the more than 460 accused of terrorism in Maharashtra have been declared innocent after spending an average of three to six years in prison. More than half of the accused in the state were doctors, engineers, and educated professionals at the beginning of their careers. Almost all of who had been released after being found innocent had, after their release, been forced to pick up traditional occupations or small scale businesses, or remain unemployed. The study found that both the judicial process and the conviction rate in terror-related cases has been very low: only 42 of 93 cases filed since 2001 against SIMI (with more than 200 accused), have been heard and concluded. Of these 42, only three saw convictions (with sentences of two years each) and 39 have resulted in acquittals.

 

 

COMPENSATE   ACQUITTED  INNOCENTS  –   JUSTICE  A P SHAH

 

One of the biggest pitfalls of arresting a person on malicious and wrongful intent in terror cases is that while innocents get behind the bars, the real culprits go scot-free which can be very dangerous for the society, observed Justice AP Shah, former Chief Justice of Delhi High Court, while releasing the first Peoples’ Tribunal report on acquitted innocents.

“We need to improve the efficiency of our investigating agencies to ensure that such pitfalls that have ruined and are still ruining hundreds of lives are removed. The trial in such cases takes seven to eight years or more to complete, and by the time the accused is released, his or her life is in a shambles,” said Justice Shah, citing the case of Nisaruddin, who was acquitted by the Supreme Court in 2016 after spending 23 years in prison.

The tribunal, first of its kind, heard depositions from nine acquitted innocents over a period of two months who were picked up by the police in terror cases but later exonerated by the courts for want of evidence but in the process had to suffer the humiliation and social stigma of being a terror accused.

One of the acquitted victims who spent 14 years in jail, Mohammed Aamir Khan, termed the report as a milestone but found it lacking in spelling out what could be done to save the terror accused within the four walls of prison.

“I was acquitted after 14 years. Our jails are no better than Abu Ghraib where accused like me go through the worst kind of torture and are always at the mercy of police and other convicts. Many get killed like what happened in Bhopal jailbreak case,” said Aamir.

Giving its recommendations to save, compensate and rehabilitate exonerated accused of terror cases, the tribunal observed that the government should grant compensation to the exonerees for violating their right to life and liberty and the torture they underwent under Article 21 of the Constitution.

“It is shameful that India does not have any such provision,” said Justice Shah, adding that the cost may be recovered from the officers responsible for the wrongful arrests and prosecution.

The tribunal recommends greater accountability and transparency of investigating agency for which they should be subjected to initiation of departmental enquiry against the officers concerned and the erring officers must be suspended with immediate effect pending enquiry. “If found that the criminal prosecution against the acquitted persons was malafide and amounts to offences under IPC Sections 194, 196 and 211, the officers named by the exonerees should be prosecuted,” the report said.

The report recommended enactment of law to compensate for miscarriage of justice, pass the prevention of torture bill that is pending in the parliament for four years, shifting the burden of proof in offenses related to custodial violence and torture by bringing amendment in section 114B (1) of the Indian Evidence Act as proposed by the Tenth Law Commission.

On MCOCA

The tribunal explicitly recommended repealing Section 18 of MCOCA thus calling for an end to the admissibility of confessions as evidence and bringing all undergoing trials in repealed and lapsed TADA and POTA under ordinary law.

 

Acquitted Innocents

Shoeb Jagirdar — Mecca Masjid Blast case

Shoeb Jagirdar is a resident from Jalna, Maharashtra. He was first accused in the Mecca Masjid blast case. After his bail was furnished in this case he was charged in the Gokul Chat blast case. The charges against him in the Mecca Masjid blast case was of smuggling RDX and of fake passport acquisition. In the Gokul Chat case he was charged against Sec 107 of the IPC. He was acquitted after spending 7 years as an undertrial.

Mohammad Aamir Khan

Mohammad Aamir Khan is a residence of Delhi. All the blast between the years of 1996-97 that took place in Delhi was charged against him. They were a total of 19 cases against him under charges of sec 121, 122 302 and 307 IPC and sec 3 and 4 of Explosive Act. He spent 14 years in the prison.

Dr. Yunus — Jaipur SIMI case

Dr Yunus and 10 others were arrested for the Jaipur SIMI case. They were accused of taking forward the activities of the banned organization SIMI. Dr Yunus was brutally tortured in prison where he spent a total of 3years. The ba􀄴ery of charges against Dr Yunus had to do with speech and association- talking against national unity , integrity and secularism , of involving Muslim youth in anti- national activities, taking forward the activities of the banned organization SIMI and sympathizing with those carrying on similar activities, and not violence. He was found innocent on all counts.

Abdul Azeem — Aurangabad Arm Haul Case

Abdul Azeem is a resident of Beed, Maharashtra. He was alleged to be the driver of the terrorists of the Aurangabad Arms Haul case. He was acqui􀄴ed after spending 10 years and 3 months in prison. The charges against him included Sections 10(a), 13, 16, 18, 20, 23, 38, 39 of the Unlawful Activities (Prevention) Act, and Sections 3(2), 3(1)(ii) & 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

Maulana Salees — SIMI case

He spent about 2.5 years in jail and still some of the charges continue to be against him. He was alleged to be a SIMI member at the age of fifty. Later 4 more charges were put against him. He was also held responsible for the Kanpur blast case. However, he was found innocent on all counts.

Wasif Haider

He was accused of waging war against the nation (sedition), rioting, of a􀄴empt to murder under Indian Penal Code (IPC) and some other sections of national security act (NSA). He was also accused of being a Hizbul Mujahideen operative. Nothing though could be proved in the court, and he was honorably acqui􀄴ed. The prosecution appealed against Wasif’s acquittal in the High Court, but its appeal was dismissed by the court at the primary stage itself.

Nisar and Zaheer Ahmed — 1996 Railway Blast case

Nisar Ahmed was acqui􀄴ed after 23 long years of jail. He along with his brother Mohammad Zaheer- who spent 14 years in prison- was convicted for the railway blast cases in 1996. The charges against them were of under various sections of TADA, IPC, Explosive Substances Act, Arms Act and Railways Act for planting bombs in five trains.

Wahid sheikh — 7/11 Train Blast case

Wahid Sheikh was charged for 7/11 train blast case. The charged included 3 (1) (2) (3) (4) (5) of MCOC Act 1999 r/w Sacs 10, 13, 16, 17, 18, 19, 20, and 40 of UAPA 1967 r/w Sacs. 302, 307, 326, 325, 324, 427, 436, 121-A, 122, 123, 124-A, 201, 212, 120-B. Wahid Sheikh was acquitted of all charges after spending more than 10 years in prison. A government school teacher before his arrest, he has fought an uphill battle to get his job back. However, he is yet to receive his salary as well as his arrears for the last 10 years which he spent incarcerated as an undertrial.

Iftikhar Gilani — Official Secrets Act

He was charged for violating the Official Secrets Act. He was accused of possessing classified documents that violated the provisions of the statute. The evidences against him included the possession of a public document released in 1995 by Pakistan’s Foreign Ministry that includes information about alleged human rights abuses committed by Indian troops in Kashmir. The charge was found fake and the evidence planted. He spent about 7 months in the jail without any bail.

 

Wrongful   Execution   DEATH  PENALTY

 

Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents suggest that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of death penalty.[1][2]

A number of people are claimed to have been innocent victims of the death penalty.[3][4] Newly available DNA evidence has allowed the exoneration and release of more than 20 death rowinmates since 1992 in the United States,[5] but DNA evidence is available in only a fraction of capital cases. Others have been released on the basis of weak cases against them, sometimes involving prosecutorial misconduct; resulting in acquittal at retrial, charges dropped, or innocence-based pardons. The Death Penalty Information Center (U.S.) has published a list of 10 inmates “executed but possibly innocent”.[6] At least 39 executions are claimed to have been carried out in the U.S. in the face of evidence of innocence or serious doubt about guilt.[7]

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid.

 

Specific examples[edit]

Australia[edit]

Colin Campbell Ross was hanged in Melbourne in 1922 for the murder of 12-year-old Alma Tirtschke the previous year in what became known as the Gun Alley Murder. The case was re-examined in the 1990s using modern techniques and Ross was eventually pardoned in 2008. Capital punishment in Australia was abolished in all jurisdictions, with the last execution taking place in 1967.

People’s Republic of China[edit]

Wei Qing’an (Chinese: 魏清安, 1961–1984, 23 years old) was a Chinese citizen who was executed for the rape of Kun Liu, a woman who had disappeared. The execution was carried out on 3 May 1984 by the Intermediate People’s Court. In the next month, Tian Yuxiu (田玉修) was arrested and admitted that he had committed the rape. Three years later, Wei was officially declared innocent.[8]

Teng Xingshan (Chinese: 滕兴善, ?–1989) was a Chinese citizen who was executed for supposedly having raped, robbed and murdered Shi Xiaorong (石小荣), a woman who had disappeared. An old man found a dismembered body, and incompetent police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong. The execution was carried out on 28 January 1989 by the Huaihua Intermediate People’s Court. In 1993, the previously missing woman returned to the village, saying she had been kidnapped and taken to Shandong. The absolute innocence of the wrongfully executed Teng was not admitted until 2005.[9]

Nie Shubin (Chinese: 聂树斌, 1974–1995) was a Chinese citizen who was executed for the rape and murder of Kang Juhua (康菊花), a woman in her thirties. The execution was carried out on April 27, 1995 by the Shijiazhuang Intermediate People’s Court. In 2005, ten years after the execution, Wang Shujin (Chinese: 王书金) admitted to the police that he had committed the murder.[10][11]

Qoγsiletu or Huugjilt (Mongolian:qoγsiletu, Chinese:呼格吉勒图, 1977-1996) was an Inner Mongolian who was executed for the rape and murder of a young girl on June 10, 1996. On December 5, 2006, ten years after the execution, Zhao Zhihong (Chinese: 赵志红) wrote the Petition of my Death Penalty admitting he had committed the crime. Huugjilt was posthumously exonerated and Zhao Zhihong was sentenced to death in 2015.[12]

Ireland[edit]

Harry Gleeson was executed in Ireland in April 1941 for the Murder of Moll McCarthy in County Tipperary in November 1940. The Gardai withheld crucial evidence and fabricated other evidence against Gleeson. In 2015 he was posthumously pardoned.[13][14]

Republic of China (Taiwan)[edit]

Jiang Guoqing (Jiang is the family name, Chinese: 江國慶, 1975–1997) was a Republic of China(Taiwan) Air Force private who was executed by a military tribunal on August 13, 1997 for the rape and murder of a five-year-old girl. On January 28, 2011, over 13 years after the execution, Xu Rongzhou (Chinese: 許榮洲), who had a history of sexual abuse, admitted to the prosecutor that he had been responsible for the crime. In September 2011 Jiang was posthumously acquitted by a military court who found Jiang’s original confession had been obtained by torture. Ma Ying-jeou, Republic of China’s(Taiwan) president, apologised to Jiang’s family.[15]

United Kingdom[edit]

  • In 1660, in a series of events known as the Campden Wonder, an Englishman named William Harrison disappeared after going on a walk, near the village of Charingworth, in Gloucestershire. Some of his clothing was found slashed and bloody on the side of a local road. Investigators interrogated Harrison’s servant, John Perry, who eventually confessed that his mother and his brother had killed Harrison for money. Perry, his mother, and his brother were hanged. Two years later, Harrison reappeared, telling the incredibly unlikely tale that he had been abducted by three horsemen and sold into slavery in the Ottoman Empire. Though his tale was implausible, he indubitably had not been murdered by the Perry family.
  • Timothy Evans was tried and executed in March 1950 for the murder of his wife and infant daughter. An official inquiry conducted 16 years later determined that it was Evans’s fellow tenant, serial killer John Reginald Halliday Christie, who was responsible for the murder. Christie also admitted to the murder of Evans’s wife, as well as five other women and his own wife. Christie may have murdered other women, judging by evidence found in his possession at the time of his arrest, but it was never pursued by the police. Evans was posthumously pardoned in 1966. The case had prompted the abolition of capital punishment in the UK in 1965.
  • George Kelly was executed in March 1950 for the 1949 murder of the manager of the Cameo Cinema in Liverpool, UK and his assistant during a robbery that went wrong. This case became known as the Cameo Murder. Kelly’s conviction was overturned in 2003. Another man, Donald Johnson, had confessed to the crime but the police bungled Johnson’s case and had not divulged his confession at Kelly’s trial.[16]
  • Mahmood Hussein Mattan was executed in 1952 for the murder of Lily Volpert. In 1998 the Court of Appeal decided that the original case was, in the words of Lord Justice Rose, “demonstrably flawed”. The family were awarded £725,000 compensation, to be shared equally among Mattan’s wife and three children. The compensation was the first award to a family for a person wrongfully hanged.
  • Derek Bentley was a mentally handicapped young man who was executed in 1953. He was convicted of the murder of a police officer during an attempted robbery, despite the facts that it was his accomplice who fired the gun and that Bentley was already under arrest at the time of the shooting. The accomplice who actually fired the fatal shot could not be executed due to his young age, and served only ten years in prison before he was released.[17]

United States[edit]

See also: List of wrongful convictions in the United States

University of Michigan law professor Samuel Gross led a team of experts in the law and in statistics that estimated the likely number of unjust convictions. The study, published in Proceedings of the National Academy of Sciences determined that at least 4% of people on death row were and are likely innocent. Gross has no doubt that some innocent people have been executed.[18][19]

Statistics likely understate the actual problem of wrongful convictions because once an execution has occurred there is often insufficient motivation and finance to keep a case open, and it becomes unlikely at that point that the miscarriage of justice will ever be exposed. For example, in the case of Joseph Roger O’Dell III, executed in Virginia in 1997 for a rape and murder, a prosecuting attorney argued in court in 1998 that if posthumous DNA results exonerated O’Dell, “it would be shouted from the rooftops that … Virginia executed an innocent man.” The state prevailed, and the evidence was destroyed.[20]

Chipita Rodriguez was hanged in San Patricio County, Texas in 1863 for murdering a horse trader, and 122 years later, the Texas Legislature passed a resolution exonerating her.

Thomas and Meeks Griffin were executed in 1915 for the murder of a man involved in an interracial affair two years previously but were pardoned 94 years after execution. It is thought that they were arrested and charged because they were viewed as wealthy enough to hire competent legal counsel and get an acquittal.[21]

Joe Arridy (April 15, 1915 – January 6, 1939) was a mentally disabled American man executed for rape and murder and posthumously granted a pardon. Arridy was sentenced to death for the murder and rape of a 15-year-old schoolgirl from Pueblo, Colorado. He confessed to murdering the girl and assaulting her sister. Due to the sensational nature of the crime precautions were taken to keep him from being hanged by vigilante justice. His sentence was executed after multiple stays on January 6, 1939, in the Colorado gas chamber in the state penitentiary in Canon City, Colorado. Arridy was the first Colorado prisoner posthumously pardoned in January 2011 by Colorado Governor Bill Ritter, a former district attorney, after research had shown that Arridy was very likely not in Pueblo when the crime happened and had been coerced into confessing. Among other things, Arridy had an IQ of 46, which was equal to the mental age of a 6-year-old. He did not even understand that he was going to be executed, and played with a toy train that the warden, Roy Best, had given to him as a present. A man named Frank Aguilar had been executed in 1937 in the Colorado gas chamber for the same crime for which Arridy ended up also being executed. Arridy’s posthumous pardon in 2011 was the first such pardon in Colorado history. A press release from the governor’s office stated, “[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else.” The governor also pointed to Arridy’s intellectual disabilities. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution.”

George Stinney, a 14-year old black boy, was electrocuted in South Carolina in 1944 for the murder of two white girls, aged 7 and 11. He was the youngest person executed in the United States. More than 70 years later, a judge threw out the conviction, calling it a “great injustice.”[22]

Carlos DeLuna was executed in Texas in December 1989. Subsequent investigations cast strong doubt upon DeLuna’s guilt for the murder of which he had been convicted.[23][24]

Jesse Tafero was convicted of murder and executed via electric chair in May 1990 in the state of Florida for the murders of two Florida Highway Patrol officers. The conviction of a co-defendant was overturned in 1992 after a recreation of the crime scene indicated a third person had committed the murders.[25]

Johnny Garrett of Texas was executed in February 1992 for allegedly raping and murdering a nun. In March 2004 cold-case DNA testing identified Leoncio Rueda as the rapist and murderer of another elderly victim killed four months earlier.[26] Immediately following the nun’s murder, prosecutors and police were certain the two cases were committed by the same assailant.[27] The flawed case is explored in a 2008 documentary entitled The Last Word.

Cameron Todd Willingham was executed in February 2004 for murdering his three young children by arson at the family home in Corsicana, Texas. Nationally known fire investigator Gerald Hurst reviewed the case documents, including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene, and said in December 2004 that “There’s nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire.”[28] In 2010, the Innocence Project filed a lawsuit against the State of Texas, seeking a judgment of “official oppression”.[29]

In 2015, the Justice Department and the FBI formally acknowledged that nearly every examiner in an FBI forensic squad overstated forensic hair matches for two decades before the year 2000.[30][31] Of the 28 forensic examiners testifying to hair matches in a total of 268 trials reviewed, 26 overstated the evidence of forensic hair matches and 95% of the overstatements favored the prosecution. Defendants were sentenced to death in 32 of those 268 cases.

Exonerations and pardons[edit]

Main article: List of exonerated death row inmates

Kirk Bloodsworth was the first American to be freed from death row as a result of exoneration by DNA fingerprinting. Ray Krone is the 100th American to have been sentenced to death and then later exonerated.

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people that were executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid. Timothy Evans was granted a posthumous free pardon in 1966. Mahmood Hussein Mattan was convicted in 1952 and was the last person to be hanged in Cardiff, Wales, but had his conviction quashed in 1998. George Kelly was hanged at Liverpool in 1950, but had his conviction quashed by the Court of Appeal in June 2003.[32] Derek Bentley had his conviction quashed in 1998 with the appeal trial judge, Lord Bingham, noting that the original trial judge, Lord Goddard, had denied the defendant “the fair trial which is the birthright of every British citizen.”

Colin Campbell Ross (1892–1922) was an Australian wine-bar owner executed for the murder of a child which became known as The Gun Alley Murder, despite there being evidence that he was innocent. Following his execution, efforts were made to clear his name, and in the 1990s old evidence was re-examined with modern forensic techniques which supported the view that Ross was innocent. In 2006 an appeal for mercy was made to Victoria’s Chief Justice and on 27 May 2008 the Victorian government pardoned Ross in what is believed to be an Australian legal first.[33]

U.S. mental health controversy[edit]

There has been much debate about the justification of imposing capital punishment on individuals who have been diagnosed with mental retardation. Some have argued that the execution of people with mental retardation constitutes cruel and unusual punishment as it pertains to the Eighth Amendment to the United States Constitution.[34] While the U.S. Supreme Court interpreted cruel and unusual punishment to include those that fail to take into account the defendant’s degree of criminal culpability,[clarification needed] it did not determine that executing the mentally retarded constitutes cruel and unusual punishment until 2002.

This issue was first addressed in the case of Penry v. Lynaugh, in which Johnny Paul Penry had filed a habeas corpus petition in federal district court that claimed his death sentence should be vacated because it violated his Eighth Amendment rights. His reasoning was that he suffered from mental retardation, and numerous psychologists had confirmed this to be factual, indicating that his IQ ranged from 50 to 63 and that he possessed the mental abilities of a six-and-a-half-year-old.[34] Penry’s petition was denied by the district court, whose decision was subsequently affirmed by the Fifth Circuit Court of Appeals. Penry would later appeal to the Supreme Court, who ultimately ruled in a five-to-four decision that the Eighth Amendment to the United States Constitution did not categorically prohibit the execution of persons with mental retardation. Following the 1989 Penry ruling, sixteen states as well as the federal government passed legislation that banned the execution of offenders with mental retardation.[34]

Penry was overruled in 2002 by Atkins v. Virginia, which held that the Eighth Amendment’s ban on cruel and unusual punishment precluded the execution of the mentally handicapped, but the Supreme Court left the definition of mentally handicapped as something to be determined by the states.[35]

In 2014, the Supreme Court ruled in Hall v. Florida that states cannot rely solely on an IQ test in determining whether a borderline mentally handicapped person can be executed.[36]

 

Editorial : Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case  who  issues arrest warrant against a person , who rejects the bail plea  of the accused  and  the judge who remands accused to police custody / judicial custody  is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails   and in all such cases ,  respective presiding judges  must be made to  pay compensation from their pockets and judges must be charged  for  AIDING & ABETTING  THE MURDER  ATTEMPT  on prisoner  by  jail / police authorities.  Are the JUDGES & POLICE above Law ?

 

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

Sunetra Choudhury‘s Behind Bars: Prison Tales of India’s Most Famous highlights how different jail experiences can be depending on who you are and what you can pay.

 

When I met Santosh Yadav, a journalist from Bastar, for an early morning breakfast in Delhi a few weeks ago, he looked happy. There was a sense of relief and freedom in his eyes. Yadav had been recently released on bail after 17 months of imprisonment. He was arrested by the Chhattisgarh police in September 2015 from his village Darbha in Bastar. At the time of his arrest, Yadav used to report for two Hindi local dailies, the Navbharat and Chhattisgarh. He was accused of being a Maoist supporter and charged under various sections of the Indian Penal Code and other laws pertaining to crimes ranging from rioting, criminal conspiracy, murder, criminal intimidation and with being a part of the banned Communist Party of India (Maoist), among the other alleged offences. He was granted bail by the Supreme Court on February 26 this year, after his earlier bail petitions were rejected by the lower courts.

As soon as he started narrating his jail experiences, he assumed a different persona altogether. There was a sense of intense gloom and despair in his eyes. “What I saw and went through in jail was beyond my imagination,” he said, adding that “I used to think aisa angrezon ke samay hi hota hoga (things like this could have only happened during colonial rule).” Yadav said he was severely tortured and even kept in solitary confinement during his incarceration, apart from routine beatings by the other inmates on the instructions of the jail officials. Listening to Yadav was like re-reading journalist Iftikhar Gilani’s jail memoir, My Days in Prison. Gilani had been jailed in June 2002 on the charges of possessing ‘classified documents’ and booked under the draconian Official Secrets Act. The only evidence presented was a report he had downloaded from the internet. Eventually, he was discharged. In his memoir, Gilani writes, “I was beaten up many times while inside the prison. For 41 days, I worked as a labourer…”

Not everyone goes through the trials and tribulations that Yadav and Gilani underwent. Jail can be quite a ‘haven’ for some, depending primarily on one’s socio-economic background and political influence, irrespective of how grave the charges or the crimes committed. In fact, it’s possible that the graver the nature of the alleged crime, the better the facilities you can avail. All, of course, through illegal means. Unfortunately, in jails, illegality is the norm.

Sunetra Choudhury’s book Behind Bars: Prison Tales of India’s Most Famous tells us how all of this is possible. In so doing, she gives us a glimpse of the underground and parallel economy of jails across the country. Based on extensive secondary research and detailed interviews with people who have spent time in jail as well as those who have worked in or on jails, Choudhury presents a series of stories which are nothing short of eye-opening – dare I say, even eye-popping – in their revelations.

Choudhury profiles the incarceration of 13 people who are either in jail or were at one point of time. While the book mostly concentrates on describing famous people in prison, it does cover others as well. Among the former are politicians Amar Singh, A. Raja and Pappu Yadav, the arms dealer Abhishek Verma’s wife, Anca Verma, CEO Peter Mukherjea and Maoist ideologue Kobad Ghandy. Businessman Subrata Roy of Sahara also finds a brief mention in the introduction.

Narrating her meeting with Roy, Choudhury writes:

“After walking through a long corridor inside the Chandragupta suite [at the Maurya Sheraton, New Delhi] that had been used by heads of state, and after passing a room that only had his shoes, I was ushered into a sitting room with Roy. He was very polite and spoke to me in Bangla, appreciating my work as I’m sure his secretary may have briefed him. Someone brought in some mishit doi and sandesh. As soon as I took out my notebook he said, ‘Listen, don’t include me in this book of yours. I’m not a criminal.’ I told him that not everyone featured in my book would be a criminal. Many would be those wrongly accused of crimes which led them to unfairly spend long years in custody. ‘But I am different. There isn’t even an FIR against me,’ he clarified.”

Roy was given VIP treatment during his jail term. In fact, as the author informs us, he paid a whopping Rs 1.23 crore for the facilities that he received in Tihar. He lived like a king even in jail.

Unbelievable and ridiculous as it may sound, the sad reality is, in the words of Anca Verma, “If you steal 1,000 rupees, the hawaldar will beat the shit out of you and lock you up in in a dungeon with no bulb or ventilation. If you steal 55,000 crore rupees then you get to stay in a 40-foot cell which has four split units, internet, fax, mobile phones and a staff of ten to clean your shoes and cook you food.” This singular quote from the book speaks volumes about the privileges and deprivation faced by people in jails, given their money power and political connections. It also tells us about the rotten nature of our criminal justice system. However, as the author notes, “special treatment in jail is, of course, not a new phenomenon.” She draws our attention towards the case of the infamous Charles Sobhraj. However, what is striking is how, over a period of time, a new normal of ‘super’ special treatment for a certain type of jail inmate has been drawn into our discourse.

Among the most tragic and lesser-known stories is the one of Rehmana. Hers is a clear case of guilt by association. Now out of jail, she is the wife of Pakistani national, Arif who is currently on death row for being an operative of Lashkar-e-Tayyiba convicted in the Red Fort attack case. Though there are several unanswered questions about Arif being an operative of the LeT and his involvement in the attack, Rehmana and her entire family suffer for the crime. “Don’t write their names,” Rehmana requested the author when she met her for an interview.

“Rehmana’s aware that she’s already created considerable problems for everyone associated with her. One of her sisters, a government school teacher in Bhopal, is afraid that Rehmana has spoilt her daughter’s chances of getting a good match. Her brother, a year younger than Rehmana, is still mentally disturbed by all that had happened. Rehmana may have married Arif but they were all hauled to the police station for one night in December. And that night’s nightmare is still too scary for them to emerge from.”

The story of the transgender bar dancer Khushi Sheikh as well as that of the school teacher and a once terror accused Wahid Sheikh are nothing short of horrifying. In both these cases, the perpetrators are those who are entrusted by law to protect the lives and liberties of the people – the police. Referring to Wahid’s case, the author confesses that “Even after two decades of reporting, his account gave me sleepless nights. I realised how in daily journalism we err in relying too much on what authorities say, in not questioning the prosecution agency.”

“Wahid stands acquitted after a decade in jail yet there is no compensation for the time he has lost, for the wounds that he bore from prison. Wahid has given real names of his tormentors, not just to me, but to courts and judges. All of them are decorated police officers—A. N. Roy, K. P. Raghuvanshi, Vijay Salaskar. You can’t dismiss his words because he (Wahid was not convicted) and the others who have been convicted can show you a Mumbai High Court judgement which upholds how they were beaten in jail, their rights violated and then denied medical treatment.”

Though the author regrets not having been able to include the stories of politician M.K. Kanimozhi, IPS officer R. K. Sharma and actress Monica Bedi, one feels that she could have tried including some of the most important stories of those who are either still lodged in jail or have spent years in the prisons of central Indian states like Chhattisgarh, Odisha and Jharkhand. Stories of people like Soni Sori, Linga Kodopi and Jiten Marandi would have enriched the book. Nevertheless, it is a well-researched book and should be read widely and translated into Indian languages.

 

Jailed for Over a Year, Chhattisgarh Journalist Santosh Yadav Granted Bail

BY THE WIRE STAFF

 

Bastar-based Santosh Yadav had been jailed in September 2015 by the Chhattisgarh police who accused him of having links with Naxals and of involvement in operations against the security forces.

 

Chhattisgarh journalist Santosh Yadav was granted bail by the Supreme Court, the Committee to Protect Journalists (CPJ) announced in a tweet. Yadav was arrested in September 2015 by the state police under the Chhattisgarh Special Public Security Act for “associating with a terrorist organisation” and “supporting and aiding terrorist groups”.

Yadav, a Bastar-based freelance journalist, was arrested on September 29, 2015, after Chhattisgarh Police Special Task Force Commander Mahant Singh had said he saw him standing behind a Maoist fighter during an ambush in Darbha in August of that year. The district police echoed Singh’s claims, accusing Yadav of being a Maoist sympathiser; the superintendent also announced that Yadav was suspected of having links with Shankar, a Maoist leader in the area. However, Singh later “expressed inability to identify the accused with certainty”, according to an identification parade memo dated January 1, 2016.

Described as a fearless writer by fellow journalists, Yadav has contributed stories to various Hindi dailies including Dainik Navbharat, Patrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

Yadav had served as a point of contact and verification for other reporters writing Bastar, which has been described as a media blackhole, with journalists subjected to routine threats, intimidation, and harassment by both Maoists and the police.

In the chargesheet filed by the Chhattisgarh Police on February 17, 2016, Yadav was charged under various sections of the Arms Act 1959 and the Explosive Substances Act 1908. He was also charged under sections of the Unlawful Activities (Prevention) Act 1967 (UAPA) and the Chhattisgarh Special Public Security Act 2005 (CSPSA), both of which are anti-terrorism legislations.

Sudha Bharadwaj, general secretary of the People’s Union for Civil Liberties, told Scroll.in that the UAPA and the CSPSA are “widely held as draconian as the ‘unlawful activity’ laid down in these Acts are vague and so broad as to be highly amenable to gross abuse and arbitrary and unreasonable action by the state police and administration”.

Yadav’s case points to the broader issue of dwindling press freedom in India, coupled with increasing rates of violence against journalists. In its report published in December 2016, the CPJ had said Yadav was the only Indian journalist to be imprisoned because of his work. According to the 2016 World Press Freedom Index released by Reporters Without Borders (RSF), India ranks abysmally low at 133 among 180 countries, The Hindu reported.“Prime Minister Narendra Modi seems indifferent to these threats and problems, and there is no mechanism for protecting journalists,” the RSF report asserted.

 

 

Covert op on Dawood compromised by some Mumbai cops: RK Singh

 

Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.

 

India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.

RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.

Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. “India must repeat the Myanmar operation in Pakistan,” he maintained. He added if one operation fails, the government shouldn’t be disheartened but launch another operation right away.

Singh said Modi’s advisors are not giving him the right advice on this issue. “Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can’t depend on the US to fight India’s battles. India has to fight its own enemies,” Singh added.

Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. “Pakistan has to calculate the cost of a war. I don’t think Pakistan is such a big fool that it would engage in a war with India,” he said. “If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality,” he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi’s visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.

Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. “India must hit back in a way that hurts Pakistan the most,” he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. “Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India,” Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.

Singh lauded the central government’s firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.

 

Criminal justice system victimises poor and vulnerable: CJI

 

New Delhi: The criminal justice system largely victimises the poor and vulnerable sections of society and there is an urgent need for reform on multiple fronts, Chief Justice of India HL Dattu said today as he called for the scrapping of laws which criminalise begging and sex work.

 

“Not only does the criminal justice system largely victimise the poor and vulnerable sections of society, very often, laws themselves criminalise poverty and destitution,” Dattu said on the occasion of Law Day function on the Supreme Court lawns.

“In India, laws criminalising beggary, sex work and certain occupations of the tribal community are often largely seen by the scholars and human rights activists as widening the net of criminality by punishing destitution.

“Along with legal aid, there must be an intense process to redo the acts that are criminalised towards decriminalisation of acts that has a disproportionate impact on the poor,” he said at the function where Union Law Minister DV Sadananda Gowda, too, was present.

On the issue of protection of women against sexual violence, Dattu said, “We seem to be having a growing affinity for ensuring physical safety of women by curbing their freedom.

“As far as I am concerned, I would like to emphatically state in no uncertain terms that the security of women is not achieved by curbing their freedom and liberty and it is no security at all. We have to evolve some systematic reforms,” he said.

The Law Minister, who spoke before the Chief Justice, dwelt upon Prime Minister Narendra Modi’s ambitious ‘Make in India’ project, saying that the country is being converted into a major global player through the creation of a business- friendly environment.

Efforts should be undertaken to make India an international arbitration hub, he added.

He said, “The government is pushing the concept of ‘Make in India’ and converting the country into a major global player, for which we need to have a business-friendly environment.

 

 

In ‘safe’ custody

 

Meenakshi Ganguly, South Asia director, Human Rights Watch, throws light on custodial torture

In-custody torture, though illegal under law, is often resorted too, worldwide, making it one of worst forms of human rights violations. Meenakshi Ganguly, former Time journalist and now, South Asia director, Human Rights Watch, takes up a few questions here to address the subject. Excerpts:

Do you think India should also come out with an official report documenting in-custody torture as the U.S. Senate recently did on CIA’s secret torture program?

Torture and other ill-treatment are absolutely forbidden under universally applicable international laws. Most that defend torture argue, as was done by the CIA, that harsh methods are necessary when there is great danger to public security. They speak of the ‘ticking bomb.’ In fact, any experienced interrogator would agree that using torture is not effective because it can produce inaccurate intelligence or generate false leads. The Senate Select Committee on Intelligence (SSCI) report on the CIA’s detention and interrogation program shows that not only was the CIA torture far more brutal and harsh than previously admitted, it was not an effective means of producing valuable or useful intelligence. Repeated claims that the program was necessary to protect Americans turned out to be false.

India has prepared a draft bill seeking to prohibit torture. But as long as there is a culture of impunity, where public officials are protected from prosecution, the law will fail.

Some argue that our judiciary already has enough checks and balances to protect prisoners from abuse. Do you agree with it?

Indian law does not allow confessions to the police as evidence because there is concern that such confessions might be coerced. Under POTA, confessions to the police were permitted, and eventually the law was repealed because it was abused.

Although most police will argue that “third degree” is generally discouraged, in our discussions with the police we also found that it is the most used instrument in their non-existent toolkit. Overworked, where good work is seldom rewarded, junior level staff is expected to produce prompt results — and they do so by rounding up suspects and beating them, hoping to solve the case. Inevitably, they end up with false leads, often make wrong arrests and are unable to secure convictions due to lack of evidence. Poor witness protection and harassment to witnesses also means that they do not want to get involved in a long drawn out trial.

The senior officer level police complain of undue pressure from politicians and powerful figures, who can act as patrons to criminals, demanding they be protected from arrest and prosecution. Instead of upholding the law, it is the police that end up breaking it. The Supreme Court has ruled that the government must engage in police reform. This is crucial to ensure that police in India becomes an effective and accountable force. The judiciary rightly acquits people for lack of evidence. But if police does not receive the training to gather proper evidence, it also means that criminals can get away, while innocents suffer wrongful Muslim, calling me a traitor arrests, torture, and lengthy under trial detention. It also leads to an even more frightening outcome — where the police do not have evidence to convict, they decide to be both judge and executioner, doling out punishment that can range from slaps to extrajudicial killings, or fake encounters.

What vital points does HRW’s in-custody torture report of 2011 throw up?

We found that there is urgent need to implement reforms to the criminal justice system. The police in India operates as it did under colonial rule. We found that fear of police is a barrier to seeking justice. Women and children, victims of sexual attacks, said they feared further abuse if they did venture into a police station. Dalits complain that if they muster the courage to complain, they often find that the victims are made to sit on the floor outside while the upper caste perpetrators are served tea by the officer. Muslims complain of being held in suspicion.

The constabulary and the police station is often the only State presence available to the public, and it is not a pleasant experience. Many policemen agreed that they are often rude and harsh, but they also point to their own frustration, having to deal with a range of issues from domestic violence to communal riots, often because the civil administration simply fails to do its part inimplementing policy. We found police stations with desktop computers, but no electricity or even a trained operator, forget access to data and information. At some places, the residential quarters were shocking. Policemen said they are accused of demanding money when they have to travel a distance in rural areas to investigate a complaint, but said there was a shortage of vehicles or funds to pay for fuel. On the other hand, we found that many State governments are yet to establish independent and effective human rights commissions or set up a complaints authority to investigate police abuse.

Don’t we have guidelines to prevent custodial torture?

The Supreme Court and the NHRC have laid down guidelines. Unfortunately, they are routinely ignored. That is why there is such a strong demand to seek the repeal of AFSPA to be replaced by one that has stronger human rights protections. The law provides widespread powers, but protects soldiers when those powers are abused.

In the investigation of terror attacks, police have made mistakes, often due to the use of torture. The Andhra Pradesh Minorities Rights Commission, for instance, found the wrongful use of torture and recommended compensations. In one case in Orissa, we had a man tell us that he was beaten by the police so severely, his leg was fractured. In agony, when the police continued to hit his injured leg, he blurted out the names of his office colleagues, who were then arrested and tortured. All of them were charged under the counter terror laws as members of the banned Maoist groups. Eventually, they were found to be innocent by the courts.

India is yet to sign the UN Convention Against Torture. Will it help?

Pakistan, Bangladesh and Sri Lanka had even permitted UN special rapporteurs on torture to visit their countries but reports of in-custody torture continue to pour in from such countries. Police often say that human rights impose restrictions when tough measures are needed for tough challenges. Unfortunately, any compromise is only going to lead to bad outcomes.When the State allows, even rewards, its security forces to violate the fundamental principles of the Constitution, it rarely turns out well. It leads to corruption at the very least. It can also turn policemen into killers for hire, or as a military court discovered recently, lead soldiers to kill innocents for profit.

In Sri Lanka, we have documented torture including sexual abuse of suspected LTTE supporters and sympathisers. In Bangladesh, the Rapid Action Battalion was created as a counter-terror force, but instead has repeatedly been accused of extrajudicial executions. People want to feel safe. However, we often find that denial of rights can cause security challenges, but the continued violation of human rights aggravates the situation, leading to a cycle of violence and placing innocents at risk.

 

Muslims, dalits and tribals make up 53% of all prisoners in India

 

Muslims, dalits and adivasis — three of the most vulnerable sections of Indian society — make up more than half of India’s prison population, according to an official report on prisons released this month. Although the proportion of these three communities in India adds up to about 39%, their share amongst prisoners is considerably higher at 53%.

 

India had 4.2 lakh people in prison in 2013. Nearly 20% of them were Muslims although the share of Muslims in India’s population is about 13% according to Census 2001. Religion-wise data from Census 2011 is yet to be released but it is unlikely to be much different. Dalits make up 22% of prisoners, almost one in four. Their proportion in population is about 17% according to Census 2011. While adivasis make up 11% of prisoners, their share in the general population is 9%.

 

Most experts say that this disturbing trend is not because these communities commit more crimes. Rather, it arises because they are economically and socially under-privileged, unable to fight costly cases or often even pay for bail. Some say that these communities are targeted with false cases.

Former chief justice of Delhi high court Rajinder Sachar, who headed the committee that brought out a report on the condition of Muslim community in India in 2006, pointed out that there had been several cases of Muslim youths being acquitted after years in prison.

 

“Poverty is more prevalent among these three communities and that becomes an obstacle in dealing with the legal system,” said Colin Gonsalves, human rights activist and lawyer.

 

“Our system has an ingrained communal and casteist bias. Also, the proportion of these communities in the police officers and even judiciary is less. These are key factors behind this shocking imbalance,” he added.

 

Pointing out that nearly 68% of the prisoners are undertrials, Abusaleh Sharif, who was member-secretary of the Sachar Committee and later brought out an updated report on the conditions of Muslims, said that they had to remain behind bars  because of inability to negotiate the hostile system.

 

“Among those in prison under preventive detention laws, nearly half are Muslims. This is the kind of thing that the government needs to speedily investigate and resolve,” Sharif said.

 

Ramesh Nathan of the National Dalit Movement for Justice alleged that false cases are filed against dalits in order to intimidate them, causing this disturbingly high number of prisoners among vulnerable sections.

 

 

“In my experience as a lawyer, whenever a dalit person files a case under the Atrocities Act, a false countercase under some penal code provision is filed by the culprits,” he said.

 

 

Prison statistics are published annually by the National Crime Records Bureau since 1995, although caste breakup is available since 1999. The proportions of Muslims, dalits and adivasis have remained virtually unchanged over the past 15 years indicating that this is a systemic problem.

 

NCRB data: Almost 68 percent inmates undertrials, 70 per cent of convicts illiterate

 

Almost 68 per cent of all inmates in the 1,387 jails in the country are undertrials, according to the latest figures released by the National Crime Records Bureau (NCRB) for 2014. Over 40 per cent of all undertrials remain in jail for more than six months before being released on bail.

The percentage of undertrial prisoners who remain in jail for more than three months has also gone up from 62 per cent in 2013 to 65 per cent in 2014. The data looks worse when compared to previous years which showed a declining trend. In 2012, the figure stood at 62.3 per cent.

 

According to the NCRB data, Goa, Jammu and Kashmir, Gujarat and Punjab are the worst performing states, with over 75 per cent of undertrials remaining in jail for over three months. On the other hand, Kerala and Tripura recorded the lowest such cases — 35 per cent and 32 per cent respectively.

A large number of undertrials remain in jails due to their inability to secure bail. The highest percentage (27.3 per cent or 63,225 of the total 2,31,962) of undertrials under IPC crimes were charged with murder. Uttar Pradesh reported 17.9 per cent of such undertrials, followed by Bihar at 8.8 per cent. A total of 6,274 convicts were habitual offenders.

The NCRB data shows that there were 4,18,536 inmates in various jails against a capacity of 3,56,561. Chhattisgarh (259 per cent) and Delhi (222 per cent) were among those which reported high overcrowding. Muslims continue to form a large share of the undertrial population, with their numbers being disproportionate to their overall population.

According to the 2011 census, Muslims constitute 14.2 per cent of India’s population. But the community accounts for 21.1 per cent of all undertrials. Among the convicted inmates, however, the Muslim share is just over 16 per cent.

 

An analysis of the caste-based classification of undertrials reveals that 37.4 per cent are from general category, 31.3 per cent OBCs, 20 per cent Scheduled Castes and 11 per cent Scheduled Tribes.

A total of 318 convicts, including eight women, lodged in different jails were facing capital punishment at the end of 2014. Of these, 95 were awarded death sentences in 2014 alone. As many as 112 inmates had their death sentences commuted to life imprisonment last year.

The data also show that 1,702 imates died in jails due to various reasons, of which 1,507 were recorded as natural deaths.

 

Health  Care  for  Prisoners

 

People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment in a closed environment. Thus keeping the individual in the custody of the state, should not, however, have a deleterious effect on him. But this is, unfortunately, the case to some degree or another in many of the worlds prisons. Is it possible then to define what is healthy environment in a prison? Let alone, talking about a prisoners right to health services that are to be provided to him by the prison authorities?

 

The answer to this question is that prisoners have unalienable rights conferred upon them by international treaties and covenants, they have a right to health care, and most certainly have a right not to contract diseases in prison. Prison jurisprudence recognizes that prisoners should not lose all their rights because of imprisonment. Yet, there is a loss of rights within custodial institutions, which continue to occur. Public health policies are meant to ensure the best possible living conditions for all members of society, so that everyone can be healthy. Prisoners are often forgotten in this equation. They are in constant contact with all kinds of people who come in and out of prison every day. This constant movement in and out of prison makes it all the more important to control any contagious disease within the prison so that it does not spread into the outside community.

 

In India, overcrowding has aggravated the problem of hygiene. In many jails, conditions are appalling. At the tehsil level jails, even rudimentary conveniences are not provided. Prisoners in India are not even tested for specific infectious diseases, although all prisoners undergo a medical examination when they begin serving their sentence. No studies of the prevalence of viral infections among prison inmates have been done at a national level. India’s prison manuals provide for

segregation of prisoners suspected of having contagious diseases. A few jails have established informal contacts with medical and social organizations for counseling of inmates to prevent the spread of infections.

 

Violence in prison settings has many causes. Clashes may have ethnic causes, or rivalries between clans or gangs. The closed, often vastly overcrowded, living conditions also lead to hostilities between inmates. The tedious prison environment, lack of occupation of mind and body and just plain boredom, lead to accumulated frustration and tension. This environment leads the way to high-risk activities, such as use of drugs and sex between men. Some indulge in these activities to combat boredom. Others, however, are forced to engage in them, in a coercive play for power or monetary gain. Risky lifestyles can lead to the transmission of diseases from one prisoner to other prisoners, and pose a serious public health risk if unchecked. Contracting any disease in prison is not part of a prisoners sentence. This fact becomes even more significant when the disease is potentially fatal, as is the case with HIV/AIDS.

 

The Supreme Court of India in its landmark judgment in Parmanand Katara vs Union of India (1989)and others ruled that the state has an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. With specific reference to health, the right to conditions, adequate for the health and well-being of all was already recognized in the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights ( ICESR) furthermore states that prisoners have a right to the highest attainable standard of physical and mental health.

 

The minimum standard rules for prisoners regulate the provision of health care for them. Apart from the civil and political rights, the so-called second generation economic and social human rights, as set down in the ICESCR, also apply to prisoners. The right to the highest attainable standard of health should also apply to prison health conditions and health care. This right to health care and a healthy environment is clearly linked, particularly in the case of HIV, to other first generation rights, such as non-discrimination, privacy and confidentiality. Prisoners cannot fend for themselves in their situation of detention, and it is the responsibility of the state to provide for health services and a healthy environment.

 

Human rights instruments call for prisoners to receive health care at least equivalent to that available for the outside population. On one hand, equivalence rather than equity has been called for because a prison is a closed institution with a custodial role that does not always allow for the same provision of care available outside. Prisoners are more likely to already be in a bad state of health when they enter prison, and the unfavorable conditions therein worsen the health situation. Hence the need for health care and treatments will often be greater in a prison than in an outside community. However, providing even basic health care to prisoners has proved extremely difficult in India, as the health system is chronically insufficient.

 

In prisons, the human environment is often one of violence and high-risk lifestyles, either engaged in voluntarily by those prisoners with positions of power, or forced upon the weaker prisoners. Prisoners have a right to live in conditions where their individual safety is guaranteed. It is paramount for the prison administration to have a thorough knowledge of how HIV is likely to be transmitted in a given prison. If sexual coercion and/or violence are the main issue, better surveillance and timely intervention to protect targeted prisoners must be enforced. HIV-positive inmates should not be denied access to recreation, education or access to the outside world.

 

From a strictly medical point of view, there is no justification for segregation as long as the prisoner is healthy. Solitary confinement of HIV-positive inmates should be forbidden. Any restrictions should be exceptional, such as mandatory testing for particularly risky situations, such as prisoners working as medical orderlies in hospitals or dental clinics. There may also be considerations of personal security where, for example, prisoners known to be HIV-positive request to be kept in a secure unit as they fear for their own safety.

 

Both prison reform and penal reform are crucial elements if the many problems affecting the Indian prisons are to be resolved. Diminishing the overall prison population will allow improvements of the physical and working conditions of the prisons, and help to ensure the security of all individuals in custody. Obviously, financial resources will have to be allotted to the prison systems as well. One effective way to curb the rise in prison populations would be to offer alternatives to imprisonment for non-violent and civil offenders.

 

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PIL – Discrimination of Prisoners

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.26… . 05  / 07 / 2017

 

 

PIL –  Discrimination  in   Indian  Jails /  Prisons

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

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

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

MOST RESPECTFULLY SHOWETH :

  1. Facts of the case:

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.

As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.

India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities – which in itself is illegal.

Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.

Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.

It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

 

  1. Question(s) of Law:

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

  2. Grounds:

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

  1. Averment:

Prosecute  Sanjay  Dutt  under  TADA 

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada  ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

 

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges  ,

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

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

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

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

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

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

Dated : 28th June 2017 …………………. FILED BY: NAGARAJA.M.R.

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

 

Editorial : Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case  who  issues arrest warrant against a person , who rejects the bail plea  of the accused  and  the judge who remands accused to police custody / judicial custody  is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails   and in all such cases ,  respective presiding judges  must be made to  pay compensation from their pockets and judges must be charged  for  AIDING & ABETTING  THE MURDER  ATTEMPT  on prisoner  by  jail / police authorities.  Are the JUDGES & POLICE above Law ?

 

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

Sunetra Choudhury‘s Behind Bars: Prison Tales of India’s Most Famous highlights how different jail experiences can be depending on who you are and what you can pay.

 

When I met Santosh Yadav, a journalist from Bastar, for an early morning breakfast in Delhi a few weeks ago, he looked happy. There was a sense of relief and freedom in his eyes. Yadav had been recently released on bail after 17 months of imprisonment. He was arrested by the Chhattisgarh police in September 2015 from his village Darbha in Bastar. At the time of his arrest, Yadav used to report for two Hindi local dailies, the Navbharat and Chhattisgarh. He was accused of being a Maoist supporter and charged under various sections of the Indian Penal Code and other laws pertaining to crimes ranging from rioting, criminal conspiracy, murder, criminal intimidation and with being a part of the banned Communist Party of India (Maoist), among the other alleged offences. He was granted bail by the Supreme Court on February 26 this year, after his earlier bail petitions were rejected by the lower courts.

As soon as he started narrating his jail experiences, he assumed a different persona altogether. There was a sense of intense gloom and despair in his eyes. “What I saw and went through in jail was beyond my imagination,” he said, adding that “I used to think aisa angrezon ke samay hi hota hoga (things like this could have only happened during colonial rule).” Yadav said he was severely tortured and even kept in solitary confinement during his incarceration, apart from routine beatings by the other inmates on the instructions of the jail officials. Listening to Yadav was like re-reading journalist Iftikhar Gilani’s jail memoir, My Days in Prison. Gilani had been jailed in June 2002 on the charges of possessing ‘classified documents’ and booked under the draconian Official Secrets Act. The only evidence presented was a report he had downloaded from the internet. Eventually, he was discharged. In his memoir, Gilani writes, “I was beaten up many times while inside the prison. For 41 days, I worked as a labourer…”

Not everyone goes through the trials and tribulations that Yadav and Gilani underwent. Jail can be quite a ‘haven’ for some, depending primarily on one’s socio-economic background and political influence, irrespective of how grave the charges or the crimes committed. In fact, it’s possible that the graver the nature of the alleged crime, the better the facilities you can avail. All, of course, through illegal means. Unfortunately, in jails, illegality is the norm.

Sunetra Choudhury’s book Behind Bars: Prison Tales of India’s Most Famous tells us how all of this is possible. In so doing, she gives us a glimpse of the underground and parallel economy of jails across the country. Based on extensive secondary research and detailed interviews with people who have spent time in jail as well as those who have worked in or on jails, Choudhury presents a series of stories which are nothing short of eye-opening – dare I say, even eye-popping – in their revelations.

Choudhury profiles the incarceration of 13 people who are either in jail or were at one point of time. While the book mostly concentrates on describing famous people in prison, it does cover others as well. Among the former are politicians Amar Singh, A. Raja and Pappu Yadav, the arms dealer Abhishek Verma’s wife, Anca Verma, CEO Peter Mukherjea and Maoist ideologue Kobad Ghandy. Businessman Subrata Roy of Sahara also finds a brief mention in the introduction.

Narrating her meeting with Roy, Choudhury writes:

“After walking through a long corridor inside the Chandragupta suite [at the Maurya Sheraton, New Delhi] that had been used by heads of state, and after passing a room that only had his shoes, I was ushered into a sitting room with Roy. He was very polite and spoke to me in Bangla, appreciating my work as I’m sure his secretary may have briefed him. Someone brought in some mishit doi and sandesh. As soon as I took out my notebook he said, ‘Listen, don’t include me in this book of yours. I’m not a criminal.’ I told him that not everyone featured in my book would be a criminal. Many would be those wrongly accused of crimes which led them to unfairly spend long years in custody. ‘But I am different. There isn’t even an FIR against me,’ he clarified.”

Roy was given VIP treatment during his jail term. In fact, as the author informs us, he paid a whopping Rs 1.23 crore for the facilities that he received in Tihar. He lived like a king even in jail.

Unbelievable and ridiculous as it may sound, the sad reality is, in the words of Anca Verma, “If you steal 1,000 rupees, the hawaldar will beat the shit out of you and lock you up in in a dungeon with no bulb or ventilation. If you steal 55,000 crore rupees then you get to stay in a 40-foot cell which has four split units, internet, fax, mobile phones and a staff of ten to clean your shoes and cook you food.” This singular quote from the book speaks volumes about the privileges and deprivation faced by people in jails, given their money power and political connections. It also tells us about the rotten nature of our criminal justice system. However, as the author notes, “special treatment in jail is, of course, not a new phenomenon.” She draws our attention towards the case of the infamous Charles Sobhraj. However, what is striking is how, over a period of time, a new normal of ‘super’ special treatment for a certain type of jail inmate has been drawn into our discourse.

Among the most tragic and lesser-known stories is the one of Rehmana. Hers is a clear case of guilt by association. Now out of jail, she is the wife of Pakistani national, Arif who is currently on death row for being an operative of Lashkar-e-Tayyiba convicted in the Red Fort attack case. Though there are several unanswered questions about Arif being an operative of the LeT and his involvement in the attack, Rehmana and her entire family suffer for the crime. “Don’t write their names,” Rehmana requested the author when she met her for an interview.

“Rehmana’s aware that she’s already created considerable problems for everyone associated with her. One of her sisters, a government school teacher in Bhopal, is afraid that Rehmana has spoilt her daughter’s chances of getting a good match. Her brother, a year younger than Rehmana, is still mentally disturbed by all that had happened. Rehmana may have married Arif but they were all hauled to the police station for one night in December. And that night’s nightmare is still too scary for them to emerge from.”

The story of the transgender bar dancer Khushi Sheikh as well as that of the school teacher and a once terror accused Wahid Sheikh are nothing short of horrifying. In both these cases, the perpetrators are those who are entrusted by law to protect the lives and liberties of the people – the police. Referring to Wahid’s case, the author confesses that “Even after two decades of reporting, his account gave me sleepless nights. I realised how in daily journalism we err in relying too much on what authorities say, in not questioning the prosecution agency.”

“Wahid stands acquitted after a decade in jail yet there is no compensation for the time he has lost, for the wounds that he bore from prison. Wahid has given real names of his tormentors, not just to me, but to courts and judges. All of them are decorated police officers—A. N. Roy, K. P. Raghuvanshi, Vijay Salaskar. You can’t dismiss his words because he (Wahid was not convicted) and the others who have been convicted can show you a Mumbai High Court judgement which upholds how they were beaten in jail, their rights violated and then denied medical treatment.”

Though the author regrets not having been able to include the stories of politician M.K. Kanimozhi, IPS officer R. K. Sharma and actress Monica Bedi, one feels that she could have tried including some of the most important stories of those who are either still lodged in jail or have spent years in the prisons of central Indian states like Chhattisgarh, Odisha and Jharkhand. Stories of people like Soni Sori, Linga Kodopi and Jiten Marandi would have enriched the book. Nevertheless, it is a well-researched book and should be read widely and translated into Indian languages.

 

Jailed for Over a Year, Chhattisgarh Journalist Santosh Yadav Granted Bail

BY THE WIRE STAFF

 

Bastar-based Santosh Yadav had been jailed in September 2015 by the Chhattisgarh police who accused him of having links with Naxals and of involvement in operations against the security forces.

 

Chhattisgarh journalist Santosh Yadav was granted bail by the Supreme Court, the Committee to Protect Journalists (CPJ) announced in a tweet. Yadav was arrested in September 2015 by the state police under the Chhattisgarh Special Public Security Act for “associating with a terrorist organisation” and “supporting and aiding terrorist groups”.

Yadav, a Bastar-based freelance journalist, was arrested on September 29, 2015, after Chhattisgarh Police Special Task Force Commander Mahant Singh had said he saw him standing behind a Maoist fighter during an ambush in Darbha in August of that year. The district police echoed Singh’s claims, accusing Yadav of being a Maoist sympathiser; the superintendent also announced that Yadav was suspected of having links with Shankar, a Maoist leader in the area. However, Singh later “expressed inability to identify the accused with certainty”, according to an identification parade memo dated January 1, 2016.

Described as a fearless writer by fellow journalists, Yadav has contributed stories to various Hindi dailies including Dainik NavbharatPatrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

Yadav had served as a point of contact and verification for other reporters writing Bastar, which has been described as a media blackhole, with journalists subjected to routine threats, intimidation, and harassment by both Maoists and the police.

In the chargesheet filed by the Chhattisgarh Police on February 17, 2016, Yadav was charged under various sections of the Arms Act 1959 and the Explosive Substances Act 1908. He was also charged under sections of the Unlawful Activities (Prevention) Act 1967 (UAPA) and the Chhattisgarh Special Public Security Act 2005 (CSPSA), both of which are anti-terrorism legislations.

Sudha Bharadwaj, general secretary of the People’s Union for Civil Liberties, told Scroll.in that the UAPA and the CSPSA are “widely held as draconian as the ‘unlawful activity’ laid down in these Acts are vague and so broad as to be highly amenable to gross abuse and arbitrary and unreasonable action by the state police and administration”.

Yadav’s case points to the broader issue of dwindling press freedom in India, coupled with increasing rates of violence against journalists. In its report published in December 2016, the CPJ had said Yadav was the only Indian journalist to be imprisoned because of his work. According to the 2016 World Press Freedom Index released by Reporters Without Borders (RSF), India ranks abysmally low at 133 among 180 countries, The Hindu reported.“Prime Minister Narendra Modi seems indifferent to these threats and problems, and there is no mechanism for protecting journalists,” the RSF report asserted.

 

 

Covert op on Dawood compromised by some Mumbai cops: RK Singh

 

Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.

 

India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.

RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.

Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. “India must repeat the Myanmar operation in Pakistan,” he maintained. He added if one operation fails, the government shouldn’t be disheartened but launch another operation right away.

Singh said Modi’s advisors are not giving him the right advice on this issue. “Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can’t depend on the US to fight India’s battles. India has to fight its own enemies,” Singh added.

Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. “Pakistan has to calculate the cost of a war. I don’t think Pakistan is such a big fool that it would engage in a war with India,” he said. “If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality,” he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi’s visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.

Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. “India must hit back in a way that hurts Pakistan the most,” he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. “Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India,” Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.

Singh lauded the central government’s firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.

Criminal justice system victimises poor and vulnerable: CJI

 

New Delhi: The criminal justice system largely victimises the poor and vulnerable sections of society and there is an urgent need for reform on multiple fronts, Chief Justice of India HL Dattu said today as he called for the scrapping of laws which criminalise begging and sex work.

 

“Not only does the criminal justice system largely victimise the poor and vulnerable sections of society, very often, laws themselves criminalise poverty and destitution,” Dattu said on the occasion of Law Day function on the Supreme Court lawns.

“In India, laws criminalising beggary, sex work and certain occupations of the tribal community are often largely seen by the scholars and human rights activists as widening the net of criminality by punishing destitution.

“Along with legal aid, there must be an intense process to redo the acts that are criminalised towards decriminalisation of acts that has a disproportionate impact on the poor,” he said at the function where Union Law Minister DV Sadananda Gowda, too, was present.

On the issue of protection of women against sexual violence, Dattu said, “We seem to be having a growing affinity for ensuring physical safety of women by curbing their freedom.

“As far as I am concerned, I would like to emphatically state in no uncertain terms that the security of women is not achieved by curbing their freedom and liberty and it is no security at all. We have to evolve some systematic reforms,” he said.

The Law Minister, who spoke before the Chief Justice, dwelt upon Prime Minister Narendra Modi’s ambitious ‘Make in India’ project, saying that the country is being converted into a major global player through the creation of a business- friendly environment.

Efforts should be undertaken to make India an international arbitration hub, he added.

He said, “The government is pushing the concept of ‘Make in India’ and converting the country into a major global player, for which we need to have a business-friendly environment.

 

 

In ‘safe’ custody

 

Meenakshi Ganguly, South Asia director, Human Rights Watch, throws light on custodial torture

In-custody torture, though illegal under law, is often resorted too, worldwide, making it one of worst forms of human rights violations. Meenakshi Ganguly, former Time journalist and now, South Asia director, Human Rights Watch, takes up a few questions here to address the subject. Excerpts:

Do you think India should also come out with an official report documenting in-custody torture as the U.S. Senate recently did on CIA’s secret torture program?

Torture and other ill-treatment are absolutely forbidden under universally applicable international laws. Most that defend torture argue, as was done by the CIA, that harsh methods are necessary when there is great danger to public security. They speak of the ‘ticking bomb.’ In fact, any experienced interrogator would agree that using torture is not effective because it can produce inaccurate intelligence or generate false leads. The Senate Select Committee on Intelligence (SSCI) report on the CIA’s detention and interrogation program shows that not only was the CIA torture far more brutal and harsh than previously admitted, it was not an effective means of producing valuable or useful intelligence. Repeated claims that the program was necessary to protect Americans turned out to be false.

India has prepared a draft bill seeking to prohibit torture. But as long as there is a culture of impunity, where public officials are protected from prosecution, the law will fail.

Some argue that our judiciary already has enough checks and balances to protect prisoners from abuse. Do you agree with it?

Indian law does not allow confessions to the police as evidence because there is concern that such confessions might be coerced. Under POTA, confessions to the police were permitted, and eventually the law was repealed because it was abused.

Although most police will argue that “third degree” is generally discouraged, in our discussions with the police we also found that it is the most used instrument in their non-existent toolkit. Overworked, where good work is seldom rewarded, junior level staff is expected to produce prompt results — and they do so by rounding up suspects and beating them, hoping to solve the case. Inevitably, they end up with false leads, often make wrong arrests and are unable to secure convictions due to lack of evidence. Poor witness protection and harassment to witnesses also means that they do not want to get involved in a long drawn out trial.

The senior officer level police complain of undue pressure from politicians and powerful figures, who can act as patrons to criminals, demanding they be protected from arrest and prosecution. Instead of upholding the law, it is the police that end up breaking it. The Supreme Court has ruled that the government must engage in police reform. This is crucial to ensure that police in India becomes an effective and accountable force. The judiciary rightly acquits people for lack of evidence. But if police does not receive the training to gather proper evidence, it also means that criminals can get away, while innocents suffer wrongful Muslim, calling me a traitor arrests, torture, and lengthy under trial detention. It also leads to an even more frightening outcome — where the police do not have evidence to convict, they decide to be both judge and executioner, doling out punishment that can range from slaps to extrajudicial killings, or fake encounters.

What vital points does HRW’s in-custody torture report of 2011 throw up?

We found that there is urgent need to implement reforms to the criminal justice system. The police in India operates as it did under colonial rule. We found that fear of police is a barrier to seeking justice. Women and children, victims of sexual attacks, said they feared further abuse if they did venture into a police station. Dalits complain that if they muster the courage to complain, they often find that the victims are made to sit on the floor outside while the upper caste perpetrators are served tea by the officer. Muslims complain of being held in suspicion.

The constabulary and the police station is often the only State presence available to the public, and it is not a pleasant experience. Many policemen agreed that they are often rude and harsh, but they also point to their own frustration, having to deal with a range of issues from domestic violence to communal riots, often because the civil administration simply fails to do its part inimplementing policy. We found police stations with desktop computers, but no electricity or even a trained operator, forget access to data and information. At some places, the residential quarters were shocking. Policemen said they are accused of demanding money when they have to travel a distance in rural areas to investigate a complaint, but said there was a shortage of vehicles or funds to pay for fuel. On the other hand, we found that many State governments are yet to establish independent and effective human rights commissions or set up a complaints authority to investigate police abuse.

Don’t we have guidelines to prevent custodial torture?

The Supreme Court and the NHRC have laid down guidelines. Unfortunately, they are routinely ignored. That is why there is such a strong demand to seek the repeal of AFSPA to be replaced by one that has stronger human rights protections. The law provides widespread powers, but protects soldiers when those powers are abused.

In the investigation of terror attacks, police have made mistakes, often due to the use of torture. The Andhra Pradesh Minorities Rights Commission, for instance, found the wrongful use of torture and recommended compensations. In one case in Orissa, we had a man tell us that he was beaten by the police so severely, his leg was fractured. In agony, when the police continued to hit his injured leg, he blurted out the names of his office colleagues, who were then arrested and tortured. All of them were charged under the counter terror laws as members of the banned Maoist groups. Eventually, they were found to be innocent by the courts.

India is yet to sign the UN Convention Against Torture. Will it help?

Pakistan, Bangladesh and Sri Lanka had even permitted UN special rapporteurs on torture to visit their countries but reports of in-custody torture continue to pour in from such countries. Police often say that human rights impose restrictions when tough measures are needed for tough challenges. Unfortunately, any compromise is only going to lead to bad outcomes.When the State allows, even rewards, its security forces to violate the fundamental principles of the Constitution, it rarely turns out well. It leads to corruption at the very least. It can also turn policemen into killers for hire, or as a military court discovered recently, lead soldiers to kill innocents for profit.

In Sri Lanka, we have documented torture including sexual abuse of suspected LTTE supporters and sympathisers. In Bangladesh, the Rapid Action Battalion was created as a counter-terror force, but instead has repeatedly been accused of extrajudicial executions. People want to feel safe. However, we often find that denial of rights can cause security challenges, but the continued violation of human rights aggravates the situation, leading to a cycle of violence and placing innocents at risk.

 

Muslims, dalits and tribals make up 53% of all prisoners in India

 

Muslims, dalits and adivasis — three of the most vulnerable sections of Indian society — make up more than half of India’s prison population, according to an official report on prisons released this month. Although the proportion of these three communities in India adds up to about 39%, their share amongst prisoners is considerably higher at 53%.
India had 4.2 lakh people in prison in 2013. Nearly 20% of them were Muslims although the share of Muslims in India’s population is about 13% according to Census 2001. Religion-wise data from Census 2011 is yet to be released but it is unlikely to be much different. Dalits make up 22% of prisoners, almost one in four. Their proportion in population is about 17% according to Census 2011. While adivasis make up 11% of prisoners, their share in the general population is 9%.

Most experts say that this disturbing trend is not because these communities commit more crimes. Rather, it arises because they are economically and socially under-privileged, unable to fight costly cases or often even pay for bail. Some say that these communities are targeted with false cases.

Former chief justice of Delhi high court Rajinder Sachar, who headed the committee that brought out a report on the condition of Muslim community in India in 2006, pointed out that there had been several cases of Muslim youths being acquitted after years in prison.

“Poverty is more prevalent among these three communities and that becomes an obstacle in dealing with the legal system,” said Colin Gonsalves, human rights activist and lawyer.

“Our system has an ingrained communal and casteist bias. Also, the proportion of these communities in the police officers and even judiciary is less. These are key factors behind this shocking imbalance,” he added.

Pointing out that nearly 68% of the prisoners are undertrials, Abusaleh Sharif, who was member-secretary of the Sachar Committee and later brought out an updated report on the conditions of Muslims, said that they had to remain behind bars  because of inability to negotiate the hostile system.
“Among those in prison under preventive detention laws, nearly half are Muslims. This is the kind of thing that the government needs to speedily investigate and resolve,” Sharif said.

 

Ramesh Nathan of the National Dalit Movement for Justice alleged that false cases are filed against dalits in order to intimidate them, causing this disturbingly high number of prisoners among vulnerable sections.

 
“In my experience as a lawyer, whenever a dalit person files a case under the Atrocities Act, a false countercase under some penal code provision is filed by the culprits,” he said.

Prison statistics are published annually by the National Crime Records Bureau since 1995, although caste breakup is available since 1999. The proportions of Muslims, dalits and adivasis have remained virtually unchanged over the past 15 years indicating that this is a systemic problem.

 

NCRB data: Almost 68 percent inmates undertrials, 70 per cent of convicts illiterate

 

Almost 68 per cent of all inmates in the 1,387 jails in the country are undertrials, according to the latest figures released by the National Crime Records Bureau (NCRB) for 2014. Over 40 per cent of all undertrials remain in jail for more than six months before being released on bail.

The percentage of undertrial prisoners who remain in jail for more than three months has also gone up from 62 per cent in 2013 to 65 per cent in 2014. The data looks worse when compared to previous years which showed a declining trend. In 2012, the figure stood at 62.3 per cent.

 

According to the NCRB data, Goa, Jammu and Kashmir, Gujarat and Punjab are the worst performing states, with over 75 per cent of undertrials remaining in jail for over three months. On the other hand, Kerala and Tripura recorded the lowest such cases — 35 per cent and 32 per cent respectively.

A large number of undertrials remain in jails due to their inability to secure bail. The highest percentage (27.3 per cent or 63,225 of the total 2,31,962) of undertrials under IPC crimes were charged with murder. Uttar Pradesh reported 17.9 per cent of such undertrials, followed by Bihar at 8.8 per cent. A total of 6,274 convicts were habitual offenders.

The NCRB data shows that there were 4,18,536 inmates in various jails against a capacity of 3,56,561. Chhattisgarh (259 per cent) and Delhi (222 per cent) were among those which reported high overcrowding. Muslims continue to form a large share of the undertrial population, with their numbers being disproportionate to their overall population.

According to the 2011 census, Muslims constitute 14.2 per cent of India’s population. But the community accounts for 21.1 per cent of all undertrials. Among the convicted inmates, however, the Muslim share is just over 16 per cent.

 

An analysis of the caste-based classification of undertrials reveals that 37.4 per cent are from general category, 31.3 per cent OBCs, 20 per cent Scheduled Castes and 11 per cent Scheduled Tribes.

A total of 318 convicts, including eight women, lodged in different jails were facing capital punishment at the end of 2014. Of these, 95 were awarded death sentences in 2014 alone. As many as 112 inmates had their death sentences commuted to life imprisonment last year.

The data also show that 1,702 imates died in jails due to various reasons, of which 1,507 were recorded as natural deaths.

 

 

 

Health  Care  for  Prisoners

 

People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment in a closed environment. Thus keeping the individual in the custody of the state, should not, however, have a deleterious effect on him. But this is, unfortunately, the case to some degree or another in many of the worlds prisons. Is it possible then to define what is healthy environment in a prison? Let alone, talking about a prisoners right to health services that are to be provided to him by the prison authorities?

The answer to this question is that prisoners have unalienable rights conferred upon them by international treaties and covenants, they have a right to health care, and most certainly have a right not to contract diseases in prison. Prison jurisprudence recognizes that prisoners should not lose all their rights because of imprisonment. Yet, there is a loss of rights within custodial institutions, which continue to occur. Public health policies are meant to ensure the best possible living conditions for all members of society, so that everyone can be healthy. Prisoners are often forgotten in this equation. They are in constant contact with all kinds of people who come in and out of prison every day. This constant movement in and out of prison makes it all the more important to control any contagious disease within the prison so that it does not spread into the outside community.

In India, overcrowding has aggravated the problem of hygiene. In many jails, conditions are appalling. At the tehsil level jails, even rudimentary conveniences are not provided. Prisoners in India are not even tested for specific infectious diseases, although all prisoners undergo a medical examination when they begin serving their sentence. No studies of the prevalence of viral infections among prison inmates have been done at a national level. India’s prison manuals provide for
segregation of prisoners suspected of having contagious diseases. A few jails have established informal contacts with medical and social organizations for counseling of inmates to prevent the spread of infections.

Violence in prison settings has many causes. Clashes may have ethnic causes, or rivalries between clans or gangs. The closed, often vastly overcrowded, living conditions also lead to hostilities between inmates. The tedious prison environment, lack of occupation of mind and body and just plain boredom, lead to accumulated frustration and tension. This environment leads the way to high-risk activities, such as use of drugs and sex between men. Some indulge in these activities to combat boredom. Others, however, are forced to engage in them, in a coercive play for power or monetary gain. Risky lifestyles can lead to the transmission of diseases from one prisoner to other prisoners, and pose a serious public health risk if unchecked. Contracting any disease in prison is not part of a prisoners sentence. This fact becomes even more significant when the disease is potentially fatal, as is the case with HIV/AIDS.

The Supreme Court of India in its landmark judgment in Parmanand Katara vs Union of India (1989)and others ruled that the state has an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. With specific reference to health, the right to conditions, adequate for the health and well-being of all was already recognized in the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights ( ICESR) furthermore states that prisoners have a right to the highest attainable standard of physical and mental health.

The minimum standard rules for prisoners regulate the provision of health care for them. Apart from the civil and political rights, the so-called second generation economic and social human rights, as set down in the ICESCR, also apply to prisoners. The right to the highest attainable standard of health should also apply to prison health conditions and health care. This right to health care and a healthy environment is clearly linked, particularly in the case of HIV, to other first generation rights, such as non-discrimination, privacy and confidentiality. Prisoners cannot fend for themselves in their situation of detention, and it is the responsibility of the state to provide for health services and a healthy environment.

Human rights instruments call for prisoners to receive health care at least equivalent to that available for the outside population. On one hand, equivalence rather than equity has been called for because a prison is a closed institution with a custodial role that does not always allow for the same provision of care available outside. Prisoners are more likely to already be in a bad state of health when they enter prison, and the unfavorable conditions therein worsen the health situation. Hence the need for health care and treatments will often be greater in a prison than in an outside community. However, providing even basic health care to prisoners has proved extremely difficult in India, as the health system is chronically insufficient.

In prisons, the human environment is often one of violence and high-risk lifestyles, either engaged in voluntarily by those prisoners with positions of power, or forced upon the weaker prisoners. Prisoners have a right to live in conditions where their individual safety is guaranteed. It is paramount for the prison administration to have a thorough knowledge of how HIV is likely to be transmitted in a given prison. If sexual coercion and/or violence are the main issue, better surveillance and timely intervention to protect targeted prisoners must be enforced. HIV-positive inmates should not be denied access to recreation, education or access to the outside world.

From a strictly medical point of view, there is no justification for segregation as long as the prisoner is healthy. Solitary confinement of HIV-positive inmates should be forbidden. Any restrictions should be exceptional, such as mandatory testing for particularly risky situations, such as prisoners working as medical orderlies in hospitals or dental clinics. There may also be considerations of personal security where, for example, prisoners known to be HIV-positive request to be kept in a secure unit as they fear for their own safety.

Both prison reform and penal reform are crucial elements if the many problems affecting the Indian prisons are to be resolved. Diminishing the overall prison population will allow improvements of the physical and working conditions of the prisons, and help to ensure the security of all individuals in custody. Obviously, financial resources will have to be allotted to the prison systems as well. One effective way to curb the rise in prison populations would be to offer alternatives to imprisonment for non-violent and civil offenders.

Also Read
Prison Reforms In Indian Prison System:
All men are born equal and are endowed by their creator with some basic rights. These rights are mainly right to life and liberty, but if any person doesn’t comply with ethics of the society then that person is deprived of these rights with proper punishment.

Status of Jails In Punjab:
Goal or Jail or prison, the two forms of the word are due to the parallel dual forms in old Central and Norman respectively, ‘jaiole’ or ‘jaole’, and ‘gaiole’ or ‘gayole’. The spelling ‘jail’ is used in American prisons, were first used in England for punishment during sixteenth century.

Overcrowding of Civil Jails:
According to the Code of Civil Procedure, Section 51 empowers the court to order execution of a decree by arrest and detention in prison of the judgement debtor in appropriate cases for the period specified in section 58, CPC. No order of detention of the judgement debtor in civil prison is to be made where the total amount of the decree does not exceed five hundred rupees.

Role of Judiciary in Protecting the Rights of Prisoners:
Judiciary in every country has an obligation and a Constitutional role to protect Human Rights of citizens. As per the mandate of the Constitution of India, this function is assigned to the superior judiciary namely the Supreme Court of India and High courts.

The Problems of Undertrials:
Criminal Law of India is a replica of colonial times. It is hostile to the poor and the weaker sections of society.

Taking Prisoners Rights Seriously:
In the case of Hussainara Khatoon v. State of Bihar , a shocking state of affairs in regard to the administration of justice came forward. An alarmingly large number of men and women, including children are behind prison bars for years awaiting trial in the court of law.

 

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Karnan Jailed , Khehar ?

S.O.S   e – Voice For Justice – e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.26….….01 / 07 / 2017

 

Editorial : Karnan  Jailed ? Why NOT  Khehar ?

         The  ugly Karnan vs Khehar  episode  could have been avoided , if supreme court judges did their duties , as per constitution of india. First of all  when Justice  Karnan  sent a letter leveling  corruption allegations against high ranking judges and  Atrocities on Dalit judge Karnan,  CJI & Supreme court should have  immediately  ordered for an  impartial enquiry as per law. However CJI & Supreme court judges took the wrong path  , didn’t take  any action and shielded the criminal judges.

        When Karnan  persisted with his allegations  with other constitutional authorities , CJI & Supreme court tried to silence him by transfer , subsequently by stripping him of judicial powers – virtually removing him as a judge although  technically he remained as a judge in service register.  Only Indian Parliament & President of India  has the  constitutional power to remove a High court or Supreme Court judge from office , nobody else.

       As  CJI & Supreme Court  took  unconstitutional , illegal steps to shield  criminal judges , Justice  Karnan  to match them too took wrong path  crossing his boundaries for his own survival. 

       Finally , CJI & Supreme Court  took  ultimate  illegal path  of jailing a High court judge without  enquiring into his allegations , without proper cross examination & no findings , judgement copy.  Dalit Judge Justice Karnan  don’t have caste  power  nor power of lobby , therefore he was an easy prey for corrupt judicial mafia.

    CJI Karnan  &  Supreme Court Judges  have now set a precedent that a  Constitutional authority , High court / Supreme Court Judge can be legally prosecuted  & jailed without sanction of Indian parliament.

    Now refer the  following  cases of  grave crimes by  Judges. Why not they are legally prosecuted  & sent to jail  in the same fashion as karnan. Why NOT start with CJI  Khehar  facing corruption charges , judgement fixing charges himself ?

 

Your’s

Nagaraja M R

Tail piece : True independence is not achieved till these corrupt parasites are weeded out from government.

 

JAIL  CJI  Khehar 

https://sites.google.com/site/sosevoiceforjustice/jail-cji-khehar  ,

 

Judges & Sex  Crime

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes  ,

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

CJI  Khehar  Answer

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-answer  ,

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

– BY GAURAV VIVEK BHATNAGAR

 

The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.

 

The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (RTI) Act in particular. Legal luminaries and RTI activists alike believe the court’s must play a more supportive role if greater transparency in public life is to be achieved.

 

recent report titled ‘Tilting the Balance of Power – Adjudicating the RTI Act’ by the Satark Nagrik Sangathan (SNS) and the Research, Assessment and Analysis Group (RaaG), notes that before the RTI law was passed, the judiciary played a seminal role in recognising and furthering peoples’ right to information in India. In fact, as far back as 1975, 30 years before the RTI law was enacted, the Supreme Court adjudged the right to information to be a fundamental right.

 

Besides being the final adjudicatory authority for the law, the Supreme Court and high courts are also public authorities under the RTI Act. The report, authored by RTI activists Amrita Johri, Anjali Bhardwaj and Shekhar Singh, suggests that the RTI Act appears to be facing resistance from the courts, especially when information is sought about their functioning as public authorities.

 

Is RTI facing resistance from the judiciary?

In the last ten years, scores of RTI applications have been filed by citizens seeking information from the courts, many of which have required judicial adjudication. Five such matters reached the Supreme Court, three of which were referred to a constitution bench that is yet to be set up. The other two cases were dismissed by the apex court at the stage of admission. About the cases that were dismissed, the RaaG-SNS report notes:

“Unfortunately, these cases raised matters of great public interest but were dismissed by the SC without providing any details or reasons in their orders. One of them sought information using the RTI Act, about cases pending with the Supreme Court in which the arguments had already been heard but orders had been reserved. In the other matter, the applicant sought the total amount of medical expenses of individual judges reimbursed by the Supreme Court, citing a Delhi high court ruling of 2010 which stated that, ‘The information on the expenditure of the government money in an official capacity cannot be termed as personal information’.”

 

Information denied on appointment of judges

In one of the three cases referred to the constitution bench, an RTI applicant filed a request to the Supreme Court in 2009 seeking a copy of the complete correspondence, with file notings, exchanged between the chief justice of India (CJI) and other concerned constitutional authorities relating to the appointment of Justice H.L. Dattu, Justice A. K. Ganguly and Justice R.M. Lodha as judges of the Supreme Court, superseding the seniority of Justice A.P. Shah, Justice A.K. Patnaik and Justice V.K. Gupta. The information sought was denied. When the Central Information Commission (CIC) directed that the information be furnished, the information officer of the apex court appealed directly to the Supreme Court against the order.

 

CIC order on assets of judges challenged before apex court

In the second case, the RTI applicant asked if any declaration of assets was ever filed by the judges of the Supreme Court or high courts to the respective CJIs. The Supreme Court’s 1997 resolution requires judges to declare to the CJI the assets held by them in their own name, in the name of their spouse or any person dependent on them. The information was denied but the CIC directed that the information sought by the applicant be provided. The CIC order was challenged by the Supreme Court in the Delhi high court, which held that the contents of asset declarations were entitled to be treated as personal information under Section 8(1)(j) of the RTI Act, but since the applicant only sought to know whether the 1997 resolution was complied with, the sought information should be provided. A three-judge bench of the high court stated:

“…A judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.…Accountability of the judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant.’’

This judgement was subsequently challenged by the chief public information officer before the Supreme Court.

In the third case, quoting a media report, an RTI application was filed with the Supreme Court seeking copies of correspondence between the then CJI and a judge of the Madras high court regarding the attempt of a union minister to influence judicial decisions of the said high court. The applicant also sought information regarding the name of the concerned union minister. The CIC, in its order, overturned the decision of the public information officer, which denied the information sought. Bypassing the Delhi high court, the public information officer of the Supreme Court directly moved a petition before the SC challenging the CIC order to disclose information.

 

Three cases clubbed together

In its order, the Supreme Courtwhile hearing the case related to correspondence between the CJI and other constitutional authorities about the appointment of judges, clubbed the other two cases with the matter. The apex court order stated that the consideration of a larger bench was required as grave constitutional issues were at stake, including the need to balance the independence of the judiciary and the fundamental constitutional right of citizens to freedom of speech and expression.

The court listed three sets of questions which, according to them, raised substantial questions of law as to the interpretation of the constitution:

·         Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary?

·         Whether the information sought for cannot be furnished to avoid any erosion in the credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision?

·         Whether the information sought for is personal information and therefore exempt under Section 8(1)(j) of the Right to Information Act?

The report by RaaG and SNS notes that while the first two sets of questions do seem to relate to constitutional issues, like the adverse impact peoples’ right to information might have on judicial independence, or amount to interference in the functioning of the judiciary, or compromise its credibility, it is not clear how the third question relating to exemption on grounds that it is personal information under section 8(1)(j) of the RTI Act raises any constitutional concerns.

The report goes on to highlight the contradictions inherent in the stand taken by courts in these matters by quoting judgements of the Supreme Court in which the court has itself discussed one or more of these issues in relation to the judiciary and other public functionaries and ruled in favour of transparency. For instance, the Supreme Court in Manohar s/o Manikrao Anchule vs State of Maharashtra & Anr in 2012 stated that “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision-making not only makes the judges and decision-makers less prone to errors but also makes them subject to broader scrutiny.”

In Union of India vs Association for Democratic Reforms, 2002, the court directed the Election Commission to call for information from all candidates seeking election to parliament or a state legislature, and from their spouses and dependants, about their assets as, “…there are widespread allegations of corruption against the persons holding post and power. In such a situation, question is not of knowing personal affairs but to have openness in democracy for attempting to cure cancerous growth of corruptions by few rays of light. Hence, citizens who elect MPs or MLAs are entitled to know that their representative has not miscomputed himself in collecting wealth after being elected.”

In PUCL vs Union of India in 2003, while examining the plea that contesting candidates should not be required to disclose the assets and liabilities of their spouses as it would violate the right to privacy of the spouses, the Supreme Court held that the fundamental right to information of a voter and citizen is promoted when contesting candidates are required to disclose the assets and liabilities of their spouses. The SC ruled that when there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right, as the latter serves a larger public interest.

Similarly, to ensure transparency and improve the process of selection of judges in Supreme Court in Advocates-on-Record Association and Ors. vs Union of India in 2015, a five-judge bench laid down broad guidelines for the government of India which was tasked with the responsibility of preparing the Memorandum of Procedure for the appointment of judges. Among other things, the guidelines stated that the eligibility criteria and procedure for selection of judges must be transparent and put up on the website of the court concerned and the department of justice. In addition, they required the provision of an appropriate procedure for minuting the discussions including recording the dissenting opinion of the judges in the collegium.

 

Supreme Court’s changing position 

Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

“If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

On what could have prompted the change, he said, “I can guess very easily. Before the RTI Act came freedom of speech was fine but nobody questioned the court and nobody tried to find out anything about the courts and people would only say, “I have great faith in the judiciary”. The Right to Information for the first time changed that paradigm. A reporter of any newspaper would be wary of what he writes as far as the judiciary is concerned. But RTI people started asking all kind of inconvenient questions. And some things have come out which have been very unpalatable, to say the least.”

Gandhi said now the judiciary refuses to look at RTI applications that have anything to do with them. “When you are in a public office and right to information is there, people will ask all kinds of things. When I was a commissioner, someone had filed an RTI application asking how much bribe Shailesh Gandhi has taken in the last two years. Now, things like this can be upsetting to people. And in my opinion, that is why they have gone against transparency and RTI Act.”

He said that often the judiciary has been very direct in showing its anger against the RTI. “In the first CBSE judgment, they said RTI should not be allowed to damage the peace, integrity and harmony of India. Such a view is okay for terrorists, but not for citizens. I have noticed over time that everyone in power dislikes being transparent.”

Recalling how the website of the Supreme Court was probably the best which existed under Section 4(1)(b) when he was the chief information commissioner, the first chief of the CIC, Wajahat Habibullah said he also, however, understands that having a website and making disclosures are two different things. “And therefore it is quite possible that in this case the Supreme Court has not been very favourably inclined towards the RTI. It simply means that the current phase of RTI in the courts is one that is defensive. It is not anti-RTI, it is more defensive in terms of the openness of the RTI.”

 

‘Judiciary too resists accountability’

Senior advocate Prashant Bhushan concurred that the judiciary too does not like transparency when it concerns its own accountability. “Unfortunately we have seen that when it comes to themselves, the courts do not want any accountability or any transparency and this we have seen in all kinds of issues.”

For example, he said, “in judicial appointments, the court shies away from transparency, by and large, some judges are exceptions who ask for it, but otherwise they don’t want transparency. Same thing happens with accountability. They don’t want any accountability and, in fact, they have progressively whittled down their accountability.”

Habibullah believes that at the moment “RTI is facing challenges”.

“When I was there [as the Chief Information Commissioner] my dealing was basically at the high court level as there were few cases in the Supreme Court then. The high court decisions were generally very supportive of the RTI. It was the time of the actual establishment of the jurisdiction or expanse of the RTI and these orders were very constructive. Now it is passing through a different phase where there has been some sort of a retreat,” he said.

 

‘Public pressure can change the tune’

Bhushan said the judiciary has also very often taken contempt action against people who have written anything against the judiciary or the judges. “Therefore, it is very clear that by and large judges do not want any accountability, nor any transparency. And that is why now that the RTI Act has also been applied to them they are passing judicial orders basically obstructing the orders of the CIC. This is what has happened. Ultimately these matters are for the courts to decide. But once there is sufficient public opinion then probably they will change their tune.”

According to Bhardwaj of SNS, given the extremely progressive orders related to transparency by the Supreme Court before the RTI Act was passed, people expect the judiciary to champion the cause of transparency and expand the scope of the law. “The reluctance of the judiciary to submit itself to the RTI Act is very concerning and we really hope that the constitution bench will give a progressive ruling on the questions referred to it. One of the main objectives of the RaaG-SNS report is to provoke a public debate on the manner in which the RTI Act is being interpreted by the adjudicators and to mobilise public opinion to demand greater openness in the functioning of all public authorities including the courts.”

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxenawho was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

Supreme Court  averse to Transparency

By M.J.Nedumpara

While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign.

Consider the following:

·         On 20th February 2008, Satnam Singh, a prisoner in Ludhiana’s Central Jail sent a Right to Information (RTI) request to the Supreme Court (SC) asking for a copy of its guidelines on police reforms. The Public Information Officer (PIO) of the SC denied the request and referred Singh to the SC website. Singh filed a first appeal pointing out that as a prisoner, he had no access to a computer, and that, by not sending him the information, the SC was denying him his right. Hearing the appeal, the Registrar, SC too denied the request, now asking him to apply under the Supreme Court Rules 1966, instead of the RTI Act.

·         On 10th November 2007, Subhash Chandra Agrawal filed an RTI request with the SC asking for information concerning declaration of assets by Supreme Court Judges, among other things. The PIO denied the request, claiming he did not hold the information. Agrawal filed a first appeal asking that his application may be transferred to the Public Authority holding the information. The Registrar asked the PIO to re-consider the request, but he denied the information again. Agrawal moved the Central Information Commission (CIC) which in January 2009, asked the PIO to furnish the information [PDF].The SC challenged this order twice before the Delhi High Court (HC) even as it made some information about judges’ assets public on its website, but the HC upheld the CIC’s ruling.

·         In 2007, N. Anbarasan filed an RTI request before the Karnataka High Court (HC) for information pertaining to the scrutiny and classification of writ petitions, among other things. The PIO denied the information and asked Anbarasan to apply under the Karnataka HC Act and Rules. Anbarasan approached the Karnataka Information Commission (KIC), which ruled in his favor. The PIO challenged the KIC’s order before the HC, which quashed it. Subsequently, AKM Nayak, the State Chief Information Commissioner, and a former Additional Chief Secretary, appealed against the HC ruling before the SC. The SC not only dismissed the appeal but fined Nayak 1 lakh rupees for “wasting public money for satisfying their ego.” [PDF]

Although the SC frequently agonises over governments’ lack of transparency, its own Registry has steadfastly resisted yielding information under the Act. In the past decade of the Act’s existence, the SC has fought many RTI applicants tooth and nail, forcing them to the stage of second appeal. Where the CIC has ruled in favor of the applicants, the SC has typically challenged its decisions before the Delhi HC.

The SC has fought these battles not for some significant intrusion of transparency, but for routine matters such as providing pendency figures: for example, the applicant who sought this information in 2009 had to wait until 2014 just to get the Delhi High Court to rule that the  [PDF] SC may provide the information.

I was unaware of the SC’s hostility towards the RTI Act, until two years ago, when I called the office of the Assistant Registrar & PIO to confirm the address where I should send an RTI request. For my research, I wanted a copy of the affidavits filed in a public interest litigation (PIL) heard by the SC between 1999 and 2004.

The official who answered my call wouldn’t identify himself, and asked me if I was party to the case. When I answered no, he said, “We do not provide copies of the judicial record to non-parties,” and hung up. In all my experience of seeking information under the RTI Act, never before had an officer declined to provide information so transparently. I called back to ask how might one access judicial records. The official asked me to look up SC Rules 1966.

RTI Act vs Supreme Court Rules

As I found out after reading about several RTI cases involving the SC, referring applicants to its own rules is a significant tool deployed by the SC to keep the RTI Act at bay. Order XII, Rule 2 of the SC Rules 1966  [PDF] says:

“The Court, on the application of a person who is not a party to the case, appeal or matter, may on good cause shown, allow such person search, inspect or get copies of all pleadings and other documents or records in the case, on payment of the prescribed fees and charges.”

In several ways, this rule gives the SC greater powers to withhold information from citizens, vis-à-vis the RTI Act. Unlike the RTI act:

·         The rule insists on the applicant providing a reason, and makes the availability of information contingent upon “good cause shown.”

·         It prescribes no time limit within which information is to be provided.

·         It lists no penalties for delaying or failing to provide the information.

·         It has no mechanisms for appeal.

These inconsistencies have to be resolved in favour of the RTI Act as per the non-obstante clause provided in Section 22 of the RTI Act. Yet, I found that the SC has been maintaining that it can deny RTI requests, and limit citizens to the SC Rules.

The SC, represented by its Assistant Registrar and Registrar has been relying on two ruses. First, as per the SC Rules, it was “the Court” [PDF] which could take a decision on admitting requests to access judicial records and the humble Registrar and the humbler Assistant Registrar could scarcely usurp the authority of “the Court.” Second was the ruse that the RTI Act, under Section 6(3), allowed Public Authorities to frame rules to access information and the SCR were Supreme Court’s Rules to address RTI. By this logic, the Supreme Court had framed rules in 1966 itself anticipating the RTI Act, which came after 40 years.

The Role of the CIC

The dispute over RTI and SC Rules came before the CIC as early as 2006 – a year after the passage of the Act – in the case of Manish Khanna vs. The Supreme Court of India. [PDF] The appeal was heard by former bureaucrat and then Chief Information Commissioner, Wajahat Habibullah. Ignoring the four fundamental inconsistencies listed above, Habibullah startlingly ruled that there was “no inherent inconsistency” between the Act and Order XII Rule 2. In his view, Rule 2 merely provided an “alternative procedure” to access the information without denying it in any way – ignoring the “on good cause shown” condition.

With this as the foundation, he ruled that the Rule 2 was a “special enactment,” not superseded by a general law enacted later. This ruling established the precedent by which the CIC has consistently ruled in favour of the SC Rules 1966 against the RTI Act.

By my rough calculation, the SC’s refusal to provide information about judicial records under the RTI Act has come before the CIC nearly 50 times in the last ten years – this is just counting the cases which have been decided by the CIC; many more await a hearing. Keeping in mind that not every applicant has the time, resources and the skills to draft first and second appeals, one can say that a very large number of RTI requests are being summarily denied by the SC each year – conservatively speaking about 20 annually. Thus, on the back of this ruling, the SC Registry has found a third ruse to deny information: citing the precedent set by Habibullah’s ruling.

The only exception to this has been a decision in 2011 by Information Commissioner Shailesh Gandhi, who observed that Order XII curtailed the fundamental right of citizens to free information because of the aforementioned inconsistencies. He ruled [PDF] that the PIO must provide information subject to the provisions of the RTI Act, and that it was up to applicants to decide whether they wished to seek information under the RTI Act or the SC Rules.

The SC instantly moved the Delhi HC against this ruling, where Justice S. Muralidhar immediately stayed the matter and, further, restrained the CIC from hearing matters on similar questions. The case remains pending before the HC. Perhaps to do away with the criticism that rules framed in 1966 could scarcely be said to address a landmark law enacted in 2005, the Supreme Court revised its rules in 2013. Under SC Rules 2013, issued in August 2014, Order XII Rule 2 has become Order XIII Rule 2 – with no meaningful difference for the information-seeker.

Seeking information

Despite the nameless SC officer telling me outright that they will not provide me with copies of the affidavits I was seeking, I decided in January 2014 to file my RTI request anyway. For good measure, I requested the same information under Order XII, Rule 2 as well. It would be one thing if the SC was providing information to citizens under its own rules, but even that is not the case, as I found out, and as others have experienced too [PDF].

The PIO denied my RTI request and asked me to approach the Court under Order XII Rule 2, which I had already done. This second request got no reply for over a month, at which point I followed up with the SC over the phone. After several evasive conversations, an officer finally informed me, again, that they would not release the information to me. When I asked the officer for her name so that I may state this position in my first appeal, she declined and hung up.

I eventually received a reply to my request under Order XII, Rule 2. The Assistant Registrar (Copying) now insisted that I apply under Order XII, Rule 2 read with Order X Rule 6(1), i.e., I present my application for information in person at the filing counter of the Court. This additional hurdle was entirely new, as the SC had not mentioned it before the CIC. Moreover, it is entirely inconsistent with the RTI Act because it limits the availability of information only to those who can make their way to the filing counter of the SC – not the easiest of tasks for most citizens, particularly the vast majority of Indians who do not live in Delhi.

I filed a first appeal before the Registrar, pointing out that SC had refused information through both the routes, and invented new hurdles to access information. The Registrar found my appeal “to be without any merit” and dismissed it. I filed a second appeal before the CIC in July 2014, which is yet to be scheduled for hearing.

In my experience of filing RTI requests with multiple public authorities, no government body comes close to the SC in terms of contempt towards RTI applications. This attitude seems to be pervasive in the higher judiciary. The summary denials, fighting ordinary applicants before the CIC, and even hauling them before the Delhi HC suggests that as far as India’s higher judiciary is concerned, transparency is good for others, not for itself.

Probe  CJI  for  Kalikho Pul’s suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul‘s `suicide’ note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be “seriously investigated by a credible investigation team”, a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page ‘suicide note’ of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned “Mere Vichar”, of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that ‘Mere Vichar’ was actually his suicide note, Dangwimsai told the vice-president: “Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government.”

 
Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai’s memorandum said, “It was to protect the independence of the judiciary that the SC in Veeraswami’s case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India.” It further said, “The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority .”

 
The letter said, “Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami’s judgment.”

 

Editorial :  Jail  CJI   Khehar

–          Few  Judges  deserve  Contempt   NOT  Respect

Legally prosecute  and send CJI  Khehar  to  Jail.  Covering up  crimes is also a crime. He  and his predecessors are covering up crimes.

 

Justice  Karnan was  convicted for “Contempt of Court” , in a super fast manner. Why NOT   Supreme Court Judges  who have committed anti national crimes , sex crimes , etc are not  punished in such a  super fast manner  since years ?  Why Supreme Court Judges are NOT punished for “Contempt of Court  , contempt of constitution of India ,  Contempt of  Citizens “  since years ? Are these people Judges or Dictators ?

CJI  Khehar Murders Justice & Truth

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-murders-justice-truth

Few  judges  even after committing crimes are escaping from legal prosecution. They are not allowing  RTI replies , enquiry , investigation  into their crimes , illegal actions. Therefore they cann’t be legally prosecuted and convicted in a court of law. As a result by farce  they are innocent ,  technically innocent till proven guilty.

We have highest respect for all constitutional offices including courts of law , office of judge. However  we  have  utter CONTEMPT towards  few corrupt individuals occupying those honourable offices.  Respect towards a Judge   comes involuntarily  in a citizen , when he sees that judge performing his constitutional duties honestly , bringing glory to the office. A corrupt  judge  himself is the first contemnor of his own  office  , who shows disrespect to his office by working against law. By fear of contempt law , fear of imprisonment   a  corrupt judge will not get respect , he will get a mechanical salutation from citizens  but inside citizen’s  heart there will be utter contempt towards the corrupt judge.

Judges don’t behave like dictators , you are accountable to people as you are surviving on people’s money.  Remember  You are inferior to our motherland india and our constitution.

 

Judges  Smother  Truth   about ex Arunachal CM’s Suicide : Justice Karnan to President

 

The Supreme Court of India refused to recall the arrest order against sitting Calcutta High Court Judge Justice Karnan, who has been found guilty of contempt of court by a seven-judge bench headed by the Chief Justice of India.

Justice Karnan, on May 12, had sought a review of his conviction and six-month jail sentence.

“We won’t allow you to stop court proceedings like this, you have been doing it repeatedly,” CJI JS Khehar told Justice Karnan’s legal aide Mathews Nedumpara on Monday.

Justice Karnan became the first Indian judge to be convicted, after incidentally also being the first judge to be summoned by a court. On May 9, Justice Karnan was sentenced to six months’ imprisonment after he failed to appear before court in a contempt case against him.

“We are punishing him for contempt of Indian judiciary as well as judicial process and his act was of greatest nature of contempt,” the seven-judge bench headed by Chief Justice JS Khehar had said.

SC gives 6 month jail term to Justice Karnan for contempt, orders media gag on his statements

The West Bengal DGP was tasked with carrying out the arrest of Justice Karnan “immediately” but Justice Karnan had evaded arrest until Monday morning and has remained at large. Searches were carried out at his Kolkata residence and in parts of Chennai and Tamil Nadu-Andhra border by several senior police officials from different states. There were rumours doing the rounds that he had left the country or he would appear before the SC himself.

Meanwhile, Justice Karnan on Monday wrote a letter addressed to President Pranab Mukherjee, that was also addressed to Vice President Hamid Ansari, Prime Minister Narendra Modi, Lok Sabha Speaker Sumitra Mahajan, MPs and to leader of all political parties.

‘Committed no offence’

In his three-point letter, Justice Karnan alleges that his impeachment and imprisonment is “without authority of law” and goes on to level allegations of corruption against the Chief Justice of India JS Khehar. While arguing that he committed no offence, the HC judge goes on to observe that the Supreme Court ‘usurped’ the jurisdiction invested in the parliament” and his trial was held without charges being framed.

Justice Karnan alleges that the order by the seven-judge bench of the apex court was a “violation of the Constitution” in addition to “the usurpation of the jurisdiction of parliament”.

As per Article 217 of the Indian Constitution, a judge can be removed by an order of the President passed after both Houses of Parliament vote for their removal on grounds of proven “misbehaviour” and “incapacity”. And this vote must be by a two-thirds majority, where at least 66% of the member who are present and voting must vote for their removal.

“The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the ⅔rd majority of the members of Parliament. But I am not only impeached, but even being sent to the jail without any such impeachment motion against me, by a mere judicial order of a 7 judges bench,” he writes.

Reiterating that he committed no offence, Justice Karnan says that all he did was to raise the “little voice from within” against corruption in the higher judiciary. In January, he had written a letter to PM Modi accused various judges and officers of the Madras High Court of corruption in. He also added that if central agencies probe the matter, his charges could be proved too..

Justice Karnan goes on to level more charges, alleging that in the suicide note left behind by former Arunachal Pradesh CM Kalikho Pul, he accused CJI Khehar and SC judge Justice Dipak Misra of “venturing to sell justice for a huge sum running into crores” through their relatives.  However, he claimed that no FIR has been registered and despite efforts to file a writ petition in the Delhi High Court, no case has been listed.

He concludes his letter writing, “I part with the unstinted faith that the two issues…my impeachment and imprisonment without authority of law and allegations of corruption against incumbent Hon’ble Chief Justice of India will be looked into, which I believe is the solemn duty of your excellencies.”

 

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai’s counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar’s behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai’s letter cited the SC’s 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, “If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court.”

Dangwimsai’s letter had said, “I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request.”

Dave raised a series of questions and levelled many allegations. “Why was Dangwimsai’s letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI’s son?” Dave asked.

“We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case,” Dave urged the bench of Justices Goel and Lalit.
Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 
“This letter brings forth a more serious issue than the one raised by Calcutta HC’s Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?” Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, “You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself.” Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 
“We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed,” Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

 Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

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

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. Even  Press  accreditation  to me as a web journalist is denied till date.  there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.

You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.

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 , Chief Justice of India & Jurisdictional District Magistrate 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. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 05.03.2017………………………………   your’s sincerely,
Place : Mysore , India……………………………Nagaraja  Mysuru Raghupathi

 

 

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CBI – RTI Srinath Murder

S.O.S e – Clarion Of Dalit – Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.25…… . 28 / 06 / 2017

Editorial : Refer to CBI – BEML Housing Society Murders RTI Activists

What action has been taken against guilty office bearers of BEML Housing Society Mysuru & Benagaluru for their crimes. What action has been taken against BDA , MUDA and other public servants who aided these criminals in their crimes. Are the judges BENEFICIERIES of land crimes , so keeping mum?

Now criminals have got bail. Criminals have told a story that murder was a result of non payment of loan by RTI Srinath. Where are the documents for payment of loan amount by lender to RTI Srinath. First Police must take the RTI applications made by Srinath to MUDA & other authorities. Based on those documents , they can decipher who are the criminals , officials who stand to get exposed by those information. Those persons must be interrogated.

Many private land developers , Housing Societies have grossly flouted laws in acquiring lands , allotment of sites , development of layout , civic amenities and private developers have pocketed crores of rupees ill gotten money. MUDA is empowered by law to confiscate those layouts and to send those criminal developers behind bars. To cover up the crimes of those criminal land developers , MUDA is planning to take over those illegal layouts and in due course will use tax payers money for civic amenities , developments in those layouts. Profit is pocketed by private developer whereas tax payer is made to pay for his crimes.

Before taking those illegal layouts , MUDA must first publicize the list of illegal layouts in & around mysuru along with the name of it’s developer. What action taken by MUDA against the land developer for his violations and what action taken against the concerned jurisdiction MUDA engineer / official who failed in his duties. Just see the huge bungalows , properties owned by an Assistant MUDA Engineer , what will be the quantum with others , that too higher MUDA officials ? Secondly MUDA must publicize the list of properties owned by all MUDA officials & Members including the properties in the name of their family members , on a sworn affidavit . Corrupt MUDA officials directly proportional to Illegal Layouts.

Land Mafia is very strong , years ago when i persisted with my RTI application to MUDA & Mysuru DC i have received threats and Mysuru DC at that time P. Manivannan threatened me. But DC didn’t give me full RTI reply nor did he stall the illegal constructions. He just had a FAKE facade of “Demolish Man”.

As office bearers & members of BEML Housing Society are government of india employees and state authorities , police are not properly investigating the crimes , ideally Central Bureau of Investigations ( CBI ) must take over the case under suprme court monitoring. Ensure justice to RTI Srinath.

RIP Srinath

Your’s ,

Nagaraja Mysuru Raghupathi.

PIL – Land Mafia , Judges & RTI Activist Murder

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

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

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

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

12. Now Karnataka High Court has given green signal to “AKRAMA SAKRAMA” scheme of government of Karnataka , therby HC Judges are favoring land mafia , criminals.

13. It is the duty of the government , Police & Court to give protection to journalists , whistle blowers , RTI Activists who are unearthing truths , crimes. But all of them have failed in their duties to protect RTI Activist Mr.Srinath of Mysuru who was brutally murdered.

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

a. Law is one & same for all.

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

Is it NOT the duty of Police , Court & Government to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists and their family ?

Why they failed to protect the life of Mysuru RTI Activist Mr. Srinath ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds and related crimes.

4. Averment:

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

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

Karnataka High Court Judges favoring Land Mafia

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

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties , to answer the following RTI questions , to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members and to annul Karnataka High Court order legalizing illegal buildings in Karnataka.

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

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

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

b. Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to answer the following RTI questions.

c. Hereby , I do request the honorable supreme court of India for orders to concerned public servants , Government of Karnataka to protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists & their family members and to pay compensation of minimum five crore rupees to victim’s family from public exchequer. Afterwards the property , money of alleged criminals & their family members must be seized , money recovered by the public exchequer / government.

d. Hereby , I do request the honorable supreme court of India for orders to government of Karnataka to apprehend , legally prosecute the criminals involved in the recent murder of RTI Activist Mr. Srinath in Mysuru , to pay compensation of five crore rupees from public exchequer to the family of deceased and to seize all properties of alleged criminals.

e. Hereby , I do request the honorable supreme court of India for orders to annul Karnataka High Court order legalizing illegal buildings in Karnataka and to order all Karnataka High Court Judges to make public their & their family member’s full property , wealth details on sworn affidavit.

f. Hereby , I do request the honorable supreme court of India for orders to government of Karnataka officials , Revenue department officials , MUDA , BDA officials to make public their & their family members full property , wealth details on sworn affidavit within 90 days.

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

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

Kindly read full details at following web page :

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

Karnataka High Court Judges favoring Land Mafia

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

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

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

RTI ACTIVIST’S MURDER : POLICE DETAIN 6 FOR QUESTIONING

RTI activist Srinath

Mysuru, Dec. 31 – Six persons have been detained for questioning in the murder of Srinath, a Mysuru-based RTI activist. They were detained this morning based on the clues provided by Srinath’s family members that the RTI activist had faced threats from the corrupt as he had exposed their illegal dealings.

The 36-year-old Srinath, a resident of Rajarajeshwarinagar in city, was murdered in Srirangapatna and his body was found yesterday below the bridge that connects Karighatta and Ganjam. His body including face, legs and private parts bore deep injuries.

The six detained persons include an engineer whose house was recently raided by Anti Corruption Bureau in Mysuru where crores of rupees worth properties were recovered, his driver and four others from BEML Layout who were at loggerheads with Srinath. Though the Police are tight-lipped about the detention, sources told Star of Mysore that they are being questioned at an undisclosed location and clues to the murder might emerge by today evening.

Srinath was active in exposing the corrupt through his RTI activism and had earned the wrath of the rich and the corrupt who saw him as a roadblock for their illegal activities.

He used to fight injustice by collecting information and had made RTI a powerful weapon.

Srinath had also exposed how BEML Layout was built without permission from the Mysuru Urban Development Authority (MUDA). Through RTI, he had waged a war against some persons since the last three years for building a layout without mandatory permission from MUDA. This issue had even reached the Saraswathipuram Police Station where compromise meetings were held.

City Police Commissioner Dr. A Subramanyeshwara Rao, Deputy Commissioner (Law and Order) Dr. H.T. Shekar and KR ACP C. Mallik visited the murder spot this morning and held a meeting with in-charge Inspector of Srirangapatna Police Station M.K. Deepak and Sub-Inspector Puneet. The case will be investigated by Srirangapatna Police, sources said.

Speaking to Star of Mysore at the MMCR&I mortuary where the post-mortem of Srinath’s body was conducted this morning, his brothers V. Srinivas and Pradeep said that the RTI activist had faced threat from the MUDA engineer and some persons from BEML Layout whose Khata was not issued by MUDA due to illegality.

“All of them had openly threatened our brother and we suspect their involvement in the murder. We have also given their names to the Police,” they said.

Soon after the murder case was registered yesterday, the Police visited Srinath’s house at Rajarajeshwarinagar and recovered many documents regarding the controversial BEML Layout. Also, many documents regarding other corrupt officers have been recovered, sources said.

Yesterday, Srinath’s body was spotted by some passers-by and in-charge Inspector of Srirangapatna Police Station M.K. Deepak found the body wrapped in four bed sheets. A pit had been dug near the body where turmeric, kumkum, eggs and other items were found.

According to the Police, these items were usually used in black magic and as Dec. 30 (Thursday) was a New Moon (amavasye) the killers would have placed the items to mislead the investigation team.

The Police also suspect that the assailants might have dumped the body near the river after killing him elsewhere.

Srinath had gone out from his house on Thursday evening on his bike (KA-09-HH-5332) and when his brother V. Srinivas had called him up at 7.30 pm Srinath had replied that he was heading towards the house of building supervisor Kumar at Vijayanagar and would return soon.

As Srinath did not return and both of his mobile phones were switched off, the family members had lodged a missing person complaint at the Kuvempunagar Police Station. Srinath’s mobile phones and bike have not yet been recovered.

ACB raids MUDA AE’s residence, seizes cash and valuables worth crores

Mysuru: The Anti-Corruption Bureau (ACB) police raided the residence of assistant engineer of Mysore Urban Development Authority (MUDA) on December 6 and seized jewellery and lot of vital documents related to properties owned illegally by him.

Based on definite tip offs and complaints from general public, ACB cops raided the residence of Assistant Engineer Mahesh.

It is gathered that large volumes of currencies totaling to crores of rupees, including the new and spiked ones were seized during the early morning raid.

ACB Superintendent of Police Kavitha led the team of officials comprising DySP Gajendra Prasad, Inspector Anil Kumar and other police personnel.

Are Karnataka HC Judges favoring Land Mafia ?

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

1. Law is one & same for all.

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

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

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

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

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

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

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

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

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

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

Why MUDA , BDA officials and Public Servants NOT Answering ?

To,

Shri. Dr.Sindhe Bhimsen Rao . H ,

RTI APPELLATE AUTHORITY & CPIO ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

Please go through the some of actual criminal cases of land grabbings enclosed herewith.

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ?

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

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

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

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

Main A :

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

2. If not , why ?

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

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

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

6. Is this scheme applicable for only chosen few ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

YEAR TO WHICH ABOVE PERTAINS : DOCUMENTS PERTAINS TO YEAR 1995 – 2015 .

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

PIO , CHIEF MINSTER’S OFFICE , GOVERNMENT OF KARNATAKA , VIDHANA SOUDHA , BANGALORE.

FEES PAID : IPO 16G 733464 for Rupees TWENTY only

DATE : 28.03.2015 ……………..………………………NAGARAJA.M.R.

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

PIL – Land Mafia and Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

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

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

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

2. Question(s) of Law:

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

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds.

4. Averment:

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

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

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

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

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

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

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

Kindly read full details at following web page :

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

Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.

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

HC Judges Favoring Mafia

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

Why NOT Demolish Illegal Bungalows of Ministers

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

Judges Murder RTI

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

BEML Housing Society – RTI Murders

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

edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA

cell : 91 8970318202

home page:

http://eclarionofdalit.dalitonline.in/ ,

http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,

Contact : Naag@protonmail.com , Naag@dalitonline.in ,

Naag@torbox3uiot6wchz.onion ,