S.O.S e – Voice For Justice – e-news weekly
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Editor: Nagaraja.M.R.. Vol.08..Issue.23….….08/06/2013
Editorial : Selection of UNFIT WASTE BODY CRIMINALS as Judges
-GOLMAAL in JUDGE selection / Recruitment
In India , corruption , favouritism is prevalent in all recriutment / selection processes. The selection is made on bribe , caste , religion but definitely NOT on the basis of Merit & Integrity. The selection to the posts of even Supreme court Judges , quasi judicial officers like district magistrates , taluk magistrates , police , etc is not above board. These tainted , ineligible unfit waste body candidates who get selected as judges , police through devious means sell their judicial orders , executive orders , police orders for a price. The denotfications of government lands , etc as in the case of Mysore DC Vastrad , as in the case of Neglect of Hebbal Lake &, BEML Quarters Lake Encroachment by DC Manivannan , as in the case of Land irregularities by Bangalore DC Aiyyappa , changing the penal clause of penal charges to favour the criminal as in the case of union carbide’s warren Anderson from mass murder to improper management of the facility , as in the case of Sanjay dutt from TADA charges to illegal possession of arms , etc. The police for a price fix innocents , file B reports favouring the criminals to close the case , prefer not to file an appeal in the higher court , etc. As in the case of Bofors , as in the case of past SP of chamarajanagar Puttaswamy taking bribe from a granite quarry owner for filing B-report in a case. Disgracefully , recently a judge tainted in MYSORE ROOST RESORT SEX SCANDAL was promoted as a supreme court judge. What Justice common folk can expect from these corrupt bodies ? They turn illegalities into legal issues by their orders. These CORRUPT Judges , Police , District Magistrates , Taluk Magistrates are doing more damage to India’s Unity & Integrity than the Naxalites & Terrorists. These corrupt public servants must be put behind bars together with terrorists & naxalites. Let the sense prevail & Democracy prosper. The Honest few in Judiciary , Police & Executive must raise upto the occasion to SAVE DEMOCRACY & to kick out their corrupt colleagues from office.
JAI HIND. VANDE MATARAM.
Your’s Sincerely ,
Name : ………………………NAGARAJA.M.R.
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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 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.
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 like hit & run cases , murder attempts , unnatural deaths , etc 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. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional fuctionaries.
date : 03.06.2013..………………………..Your’s sincerely,
place : India……………………………………Nagaraja.M.R.
The decisions of the Supreme Court in the two judges cases in 1993 and 1998 have been criticised because they have not only practically amended the Constitution (which could only have been done by Parliament) by inventing a collegium system unknown to the Constitution, but also because the working of the collegium system has often been found defective. I would, therefore, like to describe my preferred method of recommending names for appointment.
I came to Chennai as Chief Justice of the Madras High Court in November 2004. The sanctioned strength of High Court Judges here was then 49 (60 today). At the time, there were about 23 or 24 vacancies, which meant that about half the posts in the High Court were lying vacant.
I was a total stranger to Tamil Nadu as I had come from Uttar Pradesh. I had been a lawyer in the Allahabad High Court, and thereafter a judge there.
Every institution is really about the personnel manning it. So, a High Court is not really about a beautiful building or beautiful lawns but the judges who man it. They should be first class people in conduct and in legal knowledge. I was determined to recommend good names for appointment as High Court Judges and not bow to pressure.
This was the method I adopted:
I requested a dozen sitting judges of the High Court, in order of seniority, to give me a list of lawyers of the High Court whom they thought deserved to be appointed as High Court judges.
I also requested four or five very senior and respected lawyers of the Madras High Court to give their lists. I also consulted some respected retired judges.
Thus I got about 17 or 18 lists.
I received those lists, and, along with my two senior most colleagues, found certain names to be common in many lists. Enquiries were made even about those names. We also considered some names which were not very common. This exercise went on for two to three months and ultimately there was consensus. It was these names which were recommended for appointment. I then went to Delhi and met the then Hon’ble Chief Justice of India, Mr. Justice Lahoti, and informed him about the methodology I had adopted.
I told him that I had insisted that I would only recommend the names of persons who had a great reputation and good practice, were non-controversial and not too close to any political party (otherwise such persons would not be neutral and impartial). I also referred to what was said by a Lord Chancellor of England (who had then the authority to recommend names for appointment of British High Court judges) that the person whom he would recommend must be a gentleman, and it would do no harm if he knew a little law! (The second part of this sentence should not be taken literally because it is certain that a person to be appointed as a judge must know some law! What I meant was that if a person has put in 20 years as a lawyer, he is bound to know some law. More important, thereafter, is that he should be of high character.)
I told Mr. Justice Lahoti that the methodology that I had adopted was a result of a consensus after wide consultation with about 20 persons including sitting judges, respected retired judges and very senior respected lawyers of the High Court.
Since none of the persons I had recommended was either known to me (except for their performances in cases they argued before me) or belong to my caste or community, I had no personal interest in any such person. Hence it was up to the Supreme Court Collegium to approve or disapprove the names. In any case, I told him, it would not, in any way, bother me if any name was rejected because I had no personal interest.
I must add that certain important people did try to influence me in this connection, but I paid no heed to them as I was determined to do my duty to the Madras High Court, come what may. As a result of that, almost all my recommendations were accepted, and 17 judges were appointed to the Madras High Court in December 2005, a record for that High Court.
In my opinion, the methodology which was adopted by me should also be adopted for making recommendations for appointment of judges in the Supreme Court as well as in all High Courts. The present system, based on the decisions of the Supreme Court in the Judges Case, is defective as there is a lot of subjectivity. In my opinion, the Judges Cases should not be understood to mean that only the five senior most judges of the Supreme Court (three senior most for the High Courts) should be consulted for appointment as Supreme Court and High Court Judges. There should be very wide consultation with at least 15 to 20 people who are highly reputed as judges, former judges, senior lawyers. After this, the consensus which emerges should be recommended.
I was the sixth in seniority in the Supreme Court. But I regret that I was never consulted by the Chief Justice. The five senior most judges met in a highly secretive manner for deciding whom to recommend as a judge of the Supreme Court. This manner severely restricts the inputs which are required for making high quality recommendations. Justice Ms Ruma Pal, former Judge of the Supreme Court, said that deliberations of the collegium are “a complete mystery.” It should not be so in a democracy, where there should be transparency, otherwise allegations are bound to arise, however unfounded, that improper recommendations have been made for extraneous considerations.
I, therefore, recommend to the Chief Justice and to the Chief Justices of all High Courts, that they should follow the same method I adopted for appointment of judges in the Supreme Court and all High Courts, and not limit the consultations to only Collegium members. In my opinion, the decisions of the Supreme Court in the cases of 1993 and 1998 should be understood in their proper perspective, and not in a narrow sense.
(Markandey Katju, a former Chief Justice of the Madras and Delhi High Courts, former Acting Chief Justice of the Allahabad High Court and former Judge of the Supreme Court of India, is currently Chairman of the Press Council of India.)
Save Hebbal Lake Save BEML Quarters Lake in Mysore – An Appeal to Honourable Supreme Court of India
In the past , Mysore Maharaja & other philanthropists have donated their personal lands , properties , built many lakes & ponds in mysore , bangalore and other places with public concern , public wellbeing in their mind . They built these lakes & ponds in addition to preserving the natural lakes & ponds. They knew about the importance of ecological balance & environment. The present rulers , IAS & KAS babus have even failed to preserve the lakes & ponds built decades ago , let alone build one. These Public servants have extended their tacit support to building mafia , to kill these lakes & ponds , to fill those lakes with industrial effluents , sewage & building mud wastes. After killing those lakes & ponds , the building mafia encroaches on it & usurps that public property in turn selling it for crores of rupees.
In this way , Hootagalli lake was killed & encroached by Kaynes Hotel ( now silent shores hotel) , Hebbal Lake is being killed & encroached from all sides by industries and the lake infront of BEML Quarters is being killed & land demarcation for selling those land has already begun.
The public servants were totally indifferent towards public outcry against this . The IAS & KAS babus who are also magistrates with judicial authority have failed in preserving these lakes & ponds inspite of appeals to them. These death of lakes resulting in their encroachments could have been prevented earlier by DC , Tahsildar , MUDA Commissioner & KIADB Officers. Even I have appealed to them through my web news paper , they didn’t take action at all. I have made RTI request to those authorities to give me information regarding status of those lakes years ago , fearing truth will come out they didn’t anwer my questions in full , they only gave half truths. When I persisited with my RTI request the Mysore District Magistrate at that time Mr. P.Manivannan repeatedly called me over phone , abused me & threatened me . Even threats were made by some policemen in mufti . Finally that lake land was allotted to an industrialist supposed to be close to Industries minister at that time. The courts are dispassionate & inhuman , while passing eviction orders against poor people , the police are full of guts & show their full bravery , valour against these poor land encroachers. Fine , let us appreciate their duty consciousness . However rich & well connected criminals have illegally encroached upon public lands , the same courts and police are not taking appropriate action inspite of repeated appeals , why ? Even the Supreme Court of India & Police are Weak & Meak before Land Mafia. Don’t the same Judges & Police have Guts , Bravery , Duty Conciousness & Integrity to take action against such rich land grabbers ? For our repeated appeals for justice they are silent , dumb , but they take their thousands of rupees monthly salary & perks perfectly on time 1st of every month. It is shameful & disgraceful . The answer lies in the following articles. Once again we offer our conditional services to Supreme Court of India , to legally apprehend criminals while the respective public servants have failed to do the same.
Hereby , we request the honourable Supreme Court of India ,
1. To initiate criminal prosecution against Mysore district magistrate , Mysore taluk magistrate , MUDA Commissioner , Jurisdictional Police Officers & KIADB Officer , for making contempt of Supreme Court of India Order applying throught india to preserve lakes & ponds.
2. To evict all encroachers forth with .
3. To immediately stop all flow of industrial effluents & sewage to these lakes & ponds.
4. To initiate criminal prosecution against encroachers of these lakes & pollters , killers of these lakes.
5. To preserve the said lakes & ponds , by recovering cost from encroachers , polluting industries and the co-conspirators Mysore DC , Mysore Tahsildar , MUDA Commissioner , KIADB Officer & Jurisdictional Police Officers.
6. To protect me , my family members & dependents from land mafia & co-conspirators of the crime.
7. To order , to issue Writ of Mandamus to Mysore District Magistrate , MUDA Commissioner & KIADB Officer to disclose all the information sought by me in my RTI request publicly. The copy of my RTI request is reproduced at below mentioned web site :
Date : 02.06.2013 Your’s Sincerely,
Place : Mysore Nagaraja.M.R.
Sign to Save Hebbal Lake & BEML Quarters Lake in Mysore
Illogical land laws fostering mafia, says High Court judge
Bangalore, Jan 5, 2013 DHNS:
Acting Chief Justice of High Court of Karnataka, Justice K Sreedhar Rao on Saturday said lack of logic in several laws, including land reforms and acquisition laws, is encouraging land mafia, especially in urban centres.
“The existing Land Acquisition Act is the greatest enemy of the common man. We have only encouraged land mafia through legislation,” he said, while addressing the National Consultation on “Urban Poor and the Law,” organised by National Law School of India University (NLSIU) here.
Justice Rao said laws related to land need an overhaul, to ensure owners of the land get a share of development. “The growth of real estate mafias and skyrocketing property prices hindered average income earners from purchasing property. By creating mega cities, we have done a great damage to the country,” he added.
Justice Rao said various governments have failed to develop district and taluk head quarters as a result of which we are not able to prevent migration to cities. “Bangalore has developed as a cancerous slum. The urban areas are not having the infrastructure or facilities to deal with this massive population inflow,” he said. The judge also pointed out that the zoning laws often allow arbitrary classifications without taking into account the real situations on ground.
P K Mohanty, Additional Secretary, Union Ministry of Housing and Poverty Alleviation, said the proposed law for property rights for urban poor, to ensure spaces for street vendors, was under consideration and it would be soon placed before the Parliament.
A major issue that needs to be addressed is residency rights of urban poor in the context of vulnerabilities that they face. Though several governmental programmes, specially JNNURM were designed for this purpose, there was a lack of sufficient response from the States to avail the funds and use them in time, he said.
Siddaiah was brought back to BBMP despite request for his suspension for his role in DLF case
Senior IAS officer H. Siddaiah, who returned as Bruhat Bangalore Mahanagara Palike (BBMP) Commissioner for a second stint, has come under the scanner of the Bangalore Metropolitan Task Force (BMTF) as a ‘suspect officer’ for his alleged role in the DLF case.
The BMTF, probing the DLF scam that involved illegal widening of a road to facilitate an increase in the floor area ratio (FAR) of an apartment complex, had named Mr. Siddaiah, his predecessor Bharat Lal Meena, besides the former Bangalore Development Authority (BDA) Commissioner Pradeep Singh Kharola among the three IAS officers whose role had surfaced during its investigation “based on oral and documentary evidence”.
In a letter to Chief Secretary S.V. Ranganath, dated November 29, 2012, the BMTF had sought to place under suspension these three officials, besides 23 others of the BDA and BBMP, to facilitate fair probe.
However, the government chose to ignore the BMTF’s recommendation and brought Mr. Siddaiah back to the BBMP from the Higher Education Department where he was serving as Principal Secretary, thus replacing Commissioner Rajneesh Goel.
The report also names several senior officials of the BBMP and the BDA as “suspect officials” for having allegedly colluded to allow the DLF to up the FAR for its projects, violating BBMP bylaws and BDA’s master plan.
Charge against Shettar
Meanwhile, RTI activist Dinesh Kallahalli accused Chief Minister Jagadish Shettar of trying to hush up the matter by bringing back the same “suspect” officials. He plans to seekGovernor H.R. Bhardwaj’s intervention in the matter as the Chief Minister was involved.
Speaking at a press conference here on Saturday, Mr. Kallahalli said Tirakana Goudar, Town Planning Member (TPM) in the BDA, who was reinstated to his post while he was out on bail, was also being favoured by the Chief Minister.
The BMTF has arrested Mr. Goudar, who was charged with helping DLF Southern Homes legalise construction beyond what was permitted on a civic amenity (CA) site. He was accused of approving the widening of the Hulimavu-Begur Road to legalise DLF Southern Homes illegal construction.
“DLF constructed 1,962 flats instead of the 440 for which they had taken permission. We are not even able to get documents under the Right to Information Act. We want the Governor to intervene,” Mr. Kallahalli said.
Judicial Layout Site Allotment – BRIBE TO JUDGES ?
Is the allotment of residential plots to Judges @ yelahanka Judicial Layout , a mode of paying bribe to judges by the biggest litigant government itself & the corrupt public servants in the government. So that the government can pass illegal laws like “Regularization of Illegal Buildings” , “ Illegal Appointments to Medical colleges in Hassan , Mysore” ,etc & ministers , IAS officers can indulge in illegal unconstitutional acts , but the courts will not take any appropriate action suo motto or based on any petition. IT IS MUTUAL HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse , there are honest few exceptions in judiciary & government. We Respect those honest few.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
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 at following web page : http://sites.google.com/site/eclarionofdalit/deals-in-courts
KPSC is a den of corruption: Nanaiah
The recently unearthed recruitment scandal in Karnataka Administrative Service (KAS) examinations involving senior IAS officer K.A. Monappa is only the “tip of the iceberg” and more such scandals are waiting to be unearthed in the Karnataka Public Service Commission (KPSC), former Law Minister M.C. Nanaiah has said.
Addressing presspersons here on Wednesday, he termed KPSC a “den of corruption” and its recruitment methods “nothing but fraud”.
Accusing KPSC Chairman H.N. Krishna of “harping on the single issue” of CoD inquiry into the 1998 recruitment to “cover up all other lapses”, Mr. Nanaiah challenged him and other members to “voluntarily submit themselves to an inquiry” if they were indeed men of integrity. He sought to know why the Government was keeping quiet despite being aware of the malpractices in the commission. He said the Government should evolve an alternative system of recruitment since formation of KPSC board was “inherently flawed” and “beyond any clean up”. He favoured formation of departmental committees for recruitment, though KPSC could not be wound up as its formation was mandated by the Constitution. Though Home Minister M.P. Prakash had spoken of recruiting tahsildars directly, nothing had been done in that direction, he said. “All public service commission members enjoy immunity guaranteed by the Constitution. These rules were framed assuming that men of integrity would be appointed to the commission. But caste factor and political compulsions have always guided appointments,” Mr. Naniah said. State governments, which made these appointments, had no power to sack any of these members.
Karnataka Public Service Commission (KPSC) interviews for recruitment of 362 Gazetted probationers starting from April 1, has come under a cloud with a large number of candidates and social activists preparing to approach the high court questioning selection list of candidates called for interview by the KPSC.
DS Parameshwarappa, an ex-serviceman and resident of Kasturinagar alleged huge irregularities in the entire process involving big money as bribes. “KPSC chairman Gonal Bhimappa’s term is ending in a month. The hurry with which the interview process is being done gives rise to many suspicions,” he said.
Parameshwarappa further alleged that KPSC had announced the list of candidates selected for interviews even before the re-totalling process, for candidates who had applied for the same for the written exam.
“I have specific information on KPSC not giving answer scripts sought through RTI Act,” he said.
A group of social activists N Vasudev, Harish Aradhya and Parameshwarappa had requested the election commission to postpone the interviews scheduled by the KPSC.
However, the commission said it won’t interfere with the working of KPSC, as it is an autonomous body.
In turn, Parameshwarappa has decided to take the matter to the HC, with a PIL. He further stated he would make the Election Commission also a party to it, for failing to act.
However the KPSC defended its actions, saying it was an autonomous institution, and the rule provides KPSC with the authority go ahead with regular appointments and promotions. But this is an irregular appointment, he asserted.
It may be recalled that selection of candidates for interview by KPSC in 1998, 1999 and 2004 too had raised a storm causing damage to its image.
According to Vasudev, the autonomous body does not have the authority to increase the number of posts if there are changes in re-totaling of any candidates. “Moreover, if there is a change, the entire list will have to be changed. We will bring up all these facts before the court,” he explained.
Sources said there was lot of confusion in the cut off-marks for candidates selected for oral interview. Many candidates who scored aggregate of over 900 marks out of total 1800 were not called for interview, while some with much lesser marks were summoned, sources added.
However, Gonal Bhimappa, Chairman of KPSC outrightly refuted all the charges. When asked about conducting interviews before the completion of retotaling, he said it would not make any difference as there would be no major changes in the re-totaling.
Responding to allegations of being in a hurry as he is set to retire in a month, Bhimappa clarified that along with him, another senior member N Ramakrishna would also be retiring, and decisions were not being taken by violating the rules. He added the KPSC would go ahead with the schedule of conducting interviews.
Judging the judges
Ravinder Sidhu case: Justice K.S. Garewal asked to reveal names of tainted judges
The Ravinder Sidhu scandal could see more trouble. A crowd of lawyers recently created a ruckus in the Punjab and Haryana High Court premises in Chandigarh over the alleged involvement of high court judges in the recruitment scandal in Punjab Public Service Commission (PPSC).
The storm has been brewing since the names of five sitting high court judges figured in the confessions of touts Jagman Singh and Randhir Singh Gill in the cash-for-job scandal run by disgraced PPSC chairman Ravinder Pal Singh Sidhu.
Though the Vigilance Bureau did not reveal the names of the judges who had allegedly taken favours from Sidhu for the selection of their wards, the last straw came when Justice K.S. Garewal passed an order prohibiting disclosure of information on the investigations to the media.
The 4,000-strong bar association has demanded an inquiry by the high court chief justice to reveal the names of “tainted judges”.
If it does come to that, the Sidhu case could produce some more shocking revelations – by the judiciary, about the judiciary.
Minister puts in papers over recruitment scandal
Mired in an alleged recruitment scandal in two state-run medical colleges, Karnataka medical education minister Ramachandra Gowda resigned today after Chief Minister B S Yeddyurappaasked him to step down.
Gowda’s exit came a day before the government will submit a list to the High Court of those who were recruited. Last week the Court had rapped Gowda over irregularities in recruitments for medical colleges in Mysore and Hassan.
Gowda was proceeding to the temple town of Tirupati to offer worship to Lord Venkateshwara last evening when he was summoned by Yeddyurappa to put in his papers. In his two-line resignation letter, he said, “As per your wishes I am resigning from the Ministry. I thank you for giving me an opportunity to serve as a minister”.
A sulking Gowda, once a close confidant of Yeddyurappa before relations soured and an RSS follower, refused to reveal future plans but rejected allegations of irregularities. Gowda had come under opposition attack over irregularities in recruitment of over 350 paramedical staff in medical colleges in Mysore and Hassan.
He is the third minister to be forced out of office from the 28 month old first ever BJP government in the south after being dogged by controversy. S N Krishnaiah Shetty had quit after allegations of financial irregularities in purchase of land from farmers and its sale to Karnataka Housing Board surfaced while he was the minister for Housing.
H Halappa made an unceremonious exit after he faced allegations of rape made by the wife of his friend, a matter now pending in court. Yeddyurappa, who is reported to be toying with the idea of restructuring his ministry, will now have three vacancies to fill, with the strength of the ministry being reduced to 31 after Gowda’s resignation.
Under a truce formula scripted by BJP high command last year after a revolt in the ruling party, led by mining barons and ministers Janardhana Reddy and his brother Karunakara Reddy, Yeddyurappa had axed Shobha Karandlaje. V Somanna had to resign as minister after failing to win the bypoll from Govindrajanagar Assembly constituency.
The High Court had last week not only rapped Gowda over the irregularities in recruitments, but also asked the government to consider continuing eligible candidates while taking exception to the state’s decision to cancel all appointments after the scam surfaced. Meanwhile Yeddyurappa last evening left on a China tour to attend an investors meet.
Nothing but the truth
– Indira Jaising
A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a ‘sex scandal’ on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, “Don’t quote me… but…”
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the ‘in-house’ procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a ‘sex scandal’.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the in
cident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done “without fear or favour”? Judges swear on oath of allegiance to “bear true faith” to the Constitution and do justice “without fear or favour”. How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered ‘punishment postings’ where people are sent a la ‘crossing Kala Pani’ of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women’s organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.
Earlier, retired Justice Saldanha questioned his appointment, stating he had prominently featured in ‘Mysore Roost Resort scandal’. Now, Chief Justice Sen raises similar objec
Ever since the retirement of Justice Santosh Hegde, the office of the Lokayukta — the corruption watchdog, has lacked bite. But that hasn’t stopped the major players responsible for appointing the Lokayukta and the Upa Lokayukta from snapping at each others’ heels.
Justice Vikramajit Sen, Chief Justice of the High Court of Karnataka has now fired a fresh salvo. He has objected to Justice Chandra-shekaraiah’s appointment as Upa Lokayukta on January 21.
According to sources in the chief minister’s secretariat, Chief Justice Sen, in a letter to the chief minister, has raised similar issues to the
one retired Justice M F Saldanha had raised in a letter to Governor H R Bhardwaj (Former HC judge questions choice of Upa Lokayukta, BM, Jan 29).
The irony, however, is that Chief Justice Sen’s disapproval is unlikely to move the government as it could take cover under a technicality.
As a senior bureaucrat pointed out, “As per the Lokayukta Act, the Upa Lokayukta shall be appointed by the Governor on the advice of the chief minister and in consultation with four others: the Chief Justice of the High Court of Karnataka, chairman of the legislative council, speaker of the assembly and the leader of opposition in the state assembly and council. As regards Justice Chandrashekaraiah’s appointment, the CM has duly complied with this requirement under the Act. More than three of those consulted had not object-ed to the appointment. So, his appointment was sanctioned by the governor.” Chief Justice Sen’s letter, therefore, would be a mere record of protest and would not be an obstruction to Justice Chandrashekaraiah’s continuance in the office.
“Once a person is appointed as Upa Lokayukta, the government cannot remove that person based on the whims and fancies of an individual,” the bureaucrat said. “The Upa Lokayukta can be removed only by following a certain procedure.”
That procedure requires, apart from other things, a two-thirds majority vote of the members present in each house of the state legislature and evidence of proved misbehaviour or incapacity. The act also states that the removal of a Lokayukta/Upa Lokayukta would be akin to the removal of a judge and all the rules applicable under the Judges (Inquiry) Act 1968 must be compiled with. The governor can pass an order for removal of the Upa Lokayukta only if these criteria are met. It is not mandatory for the government to obtain the consent of all the consulting parties before appointing a Lokayukta or Upa Lokayukta. If three persons agree with a certain name, the CM can forward that name to the governor.
In his letter, Justice Saldanha had stated that Justice Chandrashekaraiah had featured prominently in the ‘Mysore Roost Resort scandal’.
When contacted, Justice Chandrashekaraiah merely said, “I’m not in a position to talk to you.”
Former HC judge questions choice of Upa Lokayukta
Justice M F Saldanha writes to Governor listing Upa Lokayukta Justice Chandrashekaraiahs past record,which he says,was not considered before the appointment
Even as the controversy over the nomination of Justice S R Bannurmath for the post of Lokayukta rages,the recent appointment of Justice Chandrashekaraiah as the Upa Lokayukta has kicked up a new controversy.Justice M F Saldanha has written to Governor H R Bharadwaj,listing out the past records of Justice Chandrashekaraiah,which he says,was not looked into while he was appointed.He says irreparable damage has been caused due to the appointment of these posts in a hurry.
In his letter,a copy of which is with Bangalore Mirror,Justice Saldanha says the name of the recently appointed Upa Lokayukta very prominently featured in the Mysore Roost Resort scandal,which had virtually scandalised the Karnataka judiciary both nationally and internationally.It was a very shameful exposure and what happened there forms a prominent part of the High Court record.Obviously,it was not brought to your notice.
He further says an in-house inquiry was held which was clearly a cover-up job.The letter says had this material been placed before you (instead of being suppressed),the decision would have been different.
Saldanha also says there were other issues that were not placed before the Governor when Justice Chandrashekaraiahs name was proposed to him.He says a petitioner had hit the judge with his slippers.While it is true that nobody can approve of the conduct of the assailant,who was sentenced for contempt of court,the background of the case and the facts,which are very gross,would indicate the provocation was very grave and the facts require to be seriously looked into.
Saldanha also quotes a case,which he says,does not inspire confidence in Chandrashekaraiah.He says that in a case when he was the High Court judge,Chandrashekaraiah had granted a stay on the demolition of an illegal construction whose drainage and sewage outlets were connected to the storm water drain.This was creating health problems for other residents,but the judge had granted a stay on demolition of this illegal construction for two and a half years.
Saldanha also mentions the site allotment to Chandrashekaraiah in the infamous Judicial Layout.He says it is clear under a HC judgement and Supreme Court confirmation that judges are not judicial employees and hence are not entitled to sites in the layout.
Saldanha says the name of Chandrashekaraiah was not known as the one that was proposed and he was sworn in before any material could be placed before the appointing authority (Governor).The post of the Upa Lokayukta is not only very important,but also very sensitive and the appointee must inspire total confidence.If there is even a slight blemish to the track record,with due respect,it would disqualify the candidate, says Saldanha.It is in this background that I most humbly request you that the government be directed to act with a degree of transparency while proposing the names and further more,that there should be a thorough and impartial scrutiny.
Justice Saldanha told Bangalore Mirror,Authorities like the Governor and President are not expected to reply to the letter.But the intention of the letter was to highlight the facts.People will lose confidence in the Lokayukta if persons with such incidents behind them are in the posts.His appointment was rushed through.I myself did not know his name was proposed until the date of swearing-in was announced.Had the Governor spoken to the Bar Council or a group of senior advocates,he would have known about the incidents I have mentioned in the letter.
When BM called Chandrashekaraiahs office,his staff said he was not available as he was in Mysore.They refused to part with his cellphone number.
Editor : disgracefully some of the judges involved in this sex scandal were recently promoted as supreme court judges. Imagine what type of Justice Innocent petitioners get in their courts.
Criminals in Supreme Court of India ?
– An Appeal to Supreme Court of India
Justice Altamas Kabir ,
The Honourable Chief Justice of India ,
C/o Registrar-General ,
Supreme Court of India ,
Honourable sir ,
Hereby , we express our whole hearted respects for the honest few public servants in judiciary , politics , police service & other public services.
Judges must become Human Beings first & Respect Human Rights , Human Dignity of others.
Many of the work practices of judges , police & other public servants are illegal leading to crimes. The inaction of supreme court of india inspite of repeated appeals by us , tantamounts to crime cover-ups , a crime in itself.
In our appeals , there are cases of judges , police & other public servants committing fraud , cheating , sexcapades , murder , etc. still , if the learned judges of the supreme court of india feels that , no action legal prosecution is called for inferring there is no crime at all , then there is no crime at all on indian soil. So , if a commonman committs the same crime of theft , fraud , sexcapades , etc , he must also be let out as the guilty judges , police , public servants are let out . These guilty public servants are so cunning & cruel that misusing their offices , powers sees to that no one dares to level charges against them , even if one does name sake investigation is conducted evidences are manipulated , etc. finally as per technicality , legality the criminal are not declared as criminals & punished as per the law.
A judge , a policeman committing a crime themselves are not morally & legally fit to investigate , prosecute & sit in judgement over the crimes of other criminals. A criminal cann’t prosecute & judge another criminal.
Our publication has raised many issues of public interest & repeatedly appealed to supreme court of india to consider those as PILs & to provide justice. The learned judges of the apex court didn’t care about the public welfare , interest they didn’t admit my PILs . Probably they had private interests to protect . Thereby judges are shielding criminals , their crime and giving the free run to criminals to continue with their crimes further. All these acts of judges itself are crimes & the concerned judges are criminals fit to be legally prosecuted.
At the outset , we express our whole hearted respects to the honest
few public servants in public service including judiciary. However,
the corrupt in public service don’t deserve respect as individuals –
as they are parasites in our legal system. Still we respect the
chairs they occupy but not the corrupt individuals.
All the following articles / issues , whole articles published in the
weblinks mentioned below forms part of this appeal. The term “JUDGE”
mentioned throught includes all public servants discharging judicial
functions right from taluk magistrates , quasi-judicial officers to
Chief Justice of India.
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 itself commits crime – violations of RTI Act ,
constitutional rights & human rights of public and obstructs the
public from performing their constitutional fundamental duties , what
happens ? it gives a booster dose to the rich & mighty , those in
power , criminals in public service to committ more crimes. that is
exactly what is happenning in india. the educated public must raise
to the occassion & peacefully , democratically must oppose this
criminalisation of judiciary , public service. then alone , we can
build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.
Due to my struggle for justice for public & for myself , risking my life & liberty
1.I was not permitted to appear as Amicus Curie before Jain Commission of Enquiry & Supreme Court of India IN Rajiv gAndhi Assasination Case.
2. I have suffered physical assaults & murder attempts.
3.My newspaper publication was illegally closed down.
4. My job opputunities were illegally snatched away , etc.
The police don’t have the legal power to book , investigate cases against constitutional persons enjoying legal privileges. The police have repetedly called me to police station , but they have never called the guilty VVIPs even once to police station . They have repeatedly tried to close the case . If the authorities are sincere give legal authority sanction to prosecute VVIP criminals. Hereby , I do once again offer my conditional services to supreme court of india , to legally prosecute criminals. Neither the government nor the courts have accepted my offer. Inspite of all these attempts by criminal nexus to silence me , the supreme court of india didn’t bother to admit my PILs & to provide justice to the public . They had private , illegal interests to protect. These are the times when Judges accused in SEX scandals get elevated to highest judicial institutions.
When everybody else does the mistake , wrong doing , indulges in corruption , judiciary alone must be pure like virgin to punish & guide the wrong doers. Now , the apex court of the land & the highest judicial officer of the land , the conscience keeper , protector of rights , Constitutional guardian of the land – The Honourable Chief Justice of India himself Has been found guilty . SHAME SHAME.
Nowadays , we are seeing criminalization of politics , judiciary & police. The rowdy elements have become MLAs & MPs & frequestly indulge in fisticuffs , vulgar abuses in the precincts of the house itself . These rowdy elements take money for asking questions in the parliament , to vote for bills & for a price pass legislations favouring lobbies of rich crooks. The police frame , torture innocents & let out rich crooks for a price . For a price police destroy evidences , records and create fake records , evidences. Finally there are judges who issue arrest warrants , give bail , give acquittal & pass favourable judgements ALL FOR A PRICE . SHAME SHAME . These corrupt judges , police , MPs , MLAs each take salary & perks far exceeding lakhs per annum , but serve rich crooks instead of Indian Public. These corrupt are parasites & deadlier , state enemies than naxalites , terrorists. Democracy in our country , our hard won national independence is endangered by these parasites , corrupt judges , police & people’s representatives only. These parasites themselves are responsible for origin & growth of naxalism / terrorism in india .
Read full details at ,
Match Fixing Judges & Police :
Mafia & Supreme Court of India
Hereby , we DEMAND the Honourable Chief Justice of India to answer the following questions in public interest , for national security , for National unity & integrity. Hereby , we also request the apex court to order the concerned public servants , public authorities to answer following RTI QUESTIONS.
Read full details at following web page :
Jai Hind. Vande Mataram.
Date : 08.12.12 Your’s Sincerely ,
Place : Mysore Nagaraja.M.R.
Complaint Registration Details of complaint made to following public servants
Honourable Chief Justice of India DEPOJ/E/2012/00696
H.E.Honourable President of India ARNPG/E/2012/00306
Honourable Prime Minister of India DATOM/E/2012/00236
Honourable Governor , Reserve Bank of India RBIBK/E/2012/00760
Honourable Union home secretary MINHA/E/2012/01688
Honourable Central Vigilance Commissioner DOPAT/E/2012/00971
Honourable Chairman National Human Rights Commission DLGLA/E/2012/00287
Honourable Director Central Bureau of Investigations MODEF/E/2012/01858
H.E. Honourable Governor of Karnataka GOVKN/E/2012/00820
Edited, printed , published owned by NAGARAJA.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017INDIA… cell :09341820313
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper / , http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / , http://indiapolicelaw.blogspot.com / , http://naghrw.tripod.com/evoice/ ,
A Member of Amnesty International