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.11…… . 22 / 03 / 2017
Editorial : Are all Judges Honest ? Satya Harishchandra ?
Judges SEX crimes
A – Z of Manipulation of Indian Legal System
50% of higher judiciary corrupt, says ex-SC judge Markandey Katju
In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress
Traitors in Judiciary & Police
Crimes by Khaki
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.
Nagaraja Mysuru Raghupathi.
· 27 atrocities against Dalits every day
· 13 Dalits murdered every week
· 5 Dalits’ homes or possessions burnt every week
· 6 Dalits kidnapped or abducted every week
· 3 Dalit women raped every day
· 11 Dalits beaten every day
· A crime committed against a Dalit every 18 minutes·
Indian Match Fixing Corrupt Judges
Editorial : Atrocities on Dalits by Judges – SHAME SHAME
– An Appeal to Honourable Supreme Court of India, National Human Rights Commission & National Commission for Scheduled Castes / Scheduled Tribes
The track record of apex court is not clean. There is secrecy involved in selection , promotion , transfer of judges to high court & supreme court. Supreme court judges take huge pay , perks from public exchequer ( now on the verge of getting triple fold increase in pay ) but are not accountable to public. They don’t give information to public , concerning judges and national security , public welfare.
Consider the case of Dalit judge of sukma , chattisgarh , he was removed for being honest , for upholding law ? Now, Justice Karnan a whistle blower is being victimized. Apex court is not looking seriously at issues raised by justice karnan but concentrating on silencing him.
When other high ranking judges ( having influence & belonging to upper castes ) were accused of more grave crimes like involvement in sex racket , sex crimes against women , national security crimes , etc , they were treated with kid gloves , cases hush hushed , white washed. Inspite of fervent appeals even apex court didn’t bother to conduct a public , transparent enquiry. Now apex court has initiated suo motto “contempt proceedings “ against Justice Karnan as he is a DALIT , without influence of powers that be.
When a poor dalit person or person belonging to weaker section , SC / ST builds a temporary hutment on government land , officials , police take suo motto action , evicts that person & razes down that hutment immediately. Where as when a rich person belonging to upper caste , having influence of powers that be builds huge buildings usurping government land , lake bed , etc no suo motto action by police . Officials , police don’t take action inspite of repeated appeals by concerned public. The courts of justice instead of upholding public cause , gives stay orders protecting rich land grabbers but in the same fashion judges don’t come to the rescue of poor dalit hut dwellers. Even when land grabbings were brought to the notice of apex court at the very early stage itself, apex court instead of preventing the land grabbing silently allowed the grabbers to continue with their land crimes. The enactments of laws by various state governments including government of Karnataka regularizing illegal land constructions is solely to benefit greedy , rich land grabbers belonging to upper castes. Inspite of repeated appeals the apex court has not annulled those illegal laws of various state governments.
Just consider the prison population in india , 80% of prisoners are under trials and majority of them are dalits, tribals , belongs to weaker sections , SC / ST. Most of them cann’t afford lawyers , most of them are implicated by their upper caste masters , land lords . Even within the prison , their rights are not respected by authorities , are treated worse than animals. Where as deadly criminals convicted of gravest crimes ( but rich , belongs to upper castes) enjoys many luxuries within the prison. It proves the vulnerability of the dalits , weakers sections in india.
So many dalits , weaker section people were cheated of their job oppurtunities in mysuru university , KSOU , Various Government Medical colleges , Government aided ITIs , Polytechnics in Karnataka state by scheming upper caste officials. Inspite of repeated appeals , why apex court has not taken legal prosecution to logical end and ensured justice to aggrieved dalits ? What action supreme court has taken against KPSC , VYAPAM members who denied job oppurtunities to merited candidates , dalit & weaker section candidates ? ? let alone take suo motto action . No action to logical end.
Day in day out there are rampant atrocities against dalits , weaker sections of people by public servants , judges are not doing their duties properly. Supreme court judges are enjoying lakhs of rupees pay , perks , 5 star bungalows , foreign trips , weeks long summer / winter paid vacations , proposed triple fold salary hike all at tax payer’s expense. These judges must be first booked for “Atrocities against Dalits , Weaker sections” under SC / ST Atrocities Prevention Act.
If at all , Supreme Court of India is impartial , without bias , let it come out clean :
1. To immediately stay contempt proceedings against Justice Karnan and Order impartial enquiry against judges accused of corruption , impropriety by Justice Karnan and all other issues raised by him. Take the help of Justice Karnan in collecting evidences.
2. Order impartial enquiry against almost half of former chief justices of india accused of corruption by NGOs.
3. Immediately give justice to past Sukma Dalit Judge who was unjustly removed.
4. Immediately give truthful , full information , answers to RTI questions sent to Supreme Court of India by our publication years ago. Inspite of several appeals , majority of questions are unanswered & for few questions got ambiguous answers.
5. Immediately take action to protect fundamental rights , human rights of whistle blowers , RTI Activists & Human Rights Activists.
6. Immediately take action against KPSC , VYAPAM members responsible for illegal recruitments , cancel all those illegal recruitments and conduct recruitments afresh with old candidates.
7. Immediately take action against KSOU , Mysuru University , Government Medical Colleges , Government Aided Polytechnics , ITI officials responsible for illegal recruitments , cancel all those illegal recruitments and conduct recruitments afresh with old candidates.
8. Immediately annul laws enacted by various state governments in india regularizing illegal constructions by land grabbers .
9. Make public the names of all land grabbers , majority of them belongs to upper castes and are rich , greedy.
10. Protect the rights of prisoners in india irrespective of their caste affiliations.
11. Ensure speedy justice , legal aid to under trials belonging to weaker sections , SC & ST.
12. Fix lower amount for bail surety or create a corpus to give bail amount to under trials belonging to SC , ST , Weaker sections , Dalits. Many dalits who are poor are unable to pay bail amount and suffer in jail for years much more than the legally stipulated punishment even if convicted.
13. Enforce uniform rules , uniform food , uniform health care , uniform prison cell to all prisoners irrespective of their caste , whether he is an ex chief minister , ex managing director of a big company , ex religious guru or an ordinary person , a dalit , a tribal. Ensure equality , equal treatment in prisons , jails.
14. Why NOT criminal prosecution of guilty judges who commited atrocities on dalits under SC / ST Atrocities prevention act is not taken , till it’s logical end ? are judges above law ? why such guilty judges are put behind bars for this non bailable offence ? only transfer or resignation of judges will not serve the purpose , they must be put behind bars & legally prosecuted for their heinous crimes . Is the not the apex court is also practicing double standards & indirectly aiding atrocities on dalits ? Read following sample cases of “Atrocities on Dalits committed by Judges”.
15. Immediately admit PILs presented before supreme court of india by our publication . Read full details at following web pages ;
Traitors in Judiciary & Police
Crimes by Khaki
FIRST Answer Judges Police
“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
– Mahatma Gandhi
“Contempt Proceedings” should not be used as a weapon to silence voices seeking justice , accountability of judiciary. Respect of judiciary doesn’t come out of fear rather spontaneously it comes out of a person’s heart when he sees a honest judge doing his duties honestly.
Jai Hind. Vande Mataram.
Nagaraja Mysuru Raghupathi
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
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.
India’s courts ‘condone’ Dalit atrocities
Caste-blind judiciary fails Dalit victims as number of sex attacks are reported against former untouchables.
Twenty two years ago, in Bhateri village in the western Indian state of Rajasthan, Bhanwari Devi was gang-raped by five men. The reason was neither lust nor just patriarchy. Devi’s fault was that as a lower-caste woman, she had dared to transgress the age old strictures of caste – by protesting against the practice of child marriage, which was a staple among the upper-castes. Hence, he was meted out a “deserving punishment”.
When the matter finally reached the court, the judge acquitted all the five rapists, holding, among a host of other reasons, that since the upper castes practised strict untouchability, it was inconceivable that any of the five would touch a lower caste woman. Till today, Devi remains deprived of justice.
Now that there is a tidal wave of opprobrium and condemnation against the gang-rapes and murder at Badaun in northern Uttar Pradesh state and the gang-rapes in Bhagana, Haryana, the next question one is confronted with is – will justice be done? And if so, how?
While investigations are still on, and arrests have been made, it is only the first step. The final outcome in the courts is all that matters, and it is here that there is cause for much alarm and disappointment. For, India’s courts have consistently failed the Dalits (untouchables) by steadfastly refusing to acknowledge that sexual violence is perpetrated because of a woman’s caste.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as PoA Act, recognises rape and other forms of sexual violence as an “atrocity”- an aggravated offence, as opposed to the general crime of rape. The reason is that an atrocity, as philosopher Claudia Card defines it, is a “gross evil – the widespread toleration of wrongfully perpetrated intolerable harm to individuals”.
Because Dalit women’s bodies are stigmatised – they are considered expendable and justifiably available for recreational (pleasure-seeking) or punitive purposes of upper-caste men, the law seeks to bring in substantive equality by recognising the lived reality of the victims.
Therefore, it is imperative for courts to recognise that the sine qua non for the deeming rape as an atrocity under the law is that the violence was perpetrated on the ground that the victim hailed from a lower caste.
Tragically, it is here that the judicial record is one of abject failure. Not only have the judges refused to acknowledge the reality of caste, but have also attributed reasons such as “unrequited passion”, “exploration of sexuality” and let off the accused. Even if there is a conviction for rape, an acquittal from the charges of atrocity renders justice not only incomplete, but also as a travesty.
Khairlanji village in western Maharashtra state stands out as the most infamous example in recent times. On September 26, 2006, four members of Suresh Bhotmange’s (a Dalit) family were killed in the most gruesome manner. His wife and daughter were stripped, thrashed, and paraded naked through the village, before being subjected to a fiendish gang-rape.
Nothing was left….knives, iron rods, spikes of bullock cart wheels- everything was thrust in their private parts. Bhotmange’s “crime” was the police complaint that he had lodged against the upper-caste Hindus grabbing the plot of land that was rightfully his.
The autopsy was done in the shoddiest manner – no efforts were made to test for rape, even though the naked bodies of the two women lay in the village for a considerable period of time. All the accused who were arrested were convicted by the trial court of murder and other offences, but not for rape.
Worse was in store in the Bombay High Court. In its 2010 judgement, the court put down the atrocities to reasons of personal rivalry and individual revenge. Shockingly, the court went to considerable lengths to hold that because there was no evidence, no rape had been committed – completely ignoring the harsh reality – that there would be no witnesses, and that the trial court had committed a glaring omission by ignoring evident facts. If the naked and badly mangled bodies of Dalit women did not stir the court to acknowledge sexual atrocity, perhaps nothing else could have. The appeal against the high court’s judgement remains undecided till this date.
The case of Hanamath was an appeal to the Karnataka High Court against the conviction of four men for gang-raping a 15-year-old Dalit girl. The court upheld the conviction of rape because it could have done little else – all the proof – eyewitness testimony and forensic evidence were stacked against the accused. But when it came to holding the culprits guilty under the PoA Act, the court not only demonstrated its blindness to caste, but took the “boys will be boys” line of reasoning, holding that the gang-rape was “a lustful act of misguided youth”.
Leave aside convictions. How does one prove to the court that a rape was committed because the perpetrators wanted to exercise their upper caste power and pelf? There cannot be any rule of evidence, except that of social reality – that the caste system, in all its vicious manifestations, exists.
Hence, the Supreme Court’s judgement in Ramdas (2006) rankles, and rankles hard. In the dead of night, three men dragged out a young woman of the low-ranking Pardhi caste and raped her. This was after she had refused to obey their summons, belonging to a landowning upper-caste, who wanted her to satisfy their carnal desires.
Of course, they wouldn’t have had the temerity to exercise the same obnoxious power on a woman of their own, or a higher caste, but then, Dalit women are fair game!
But the court was not inclined to accept this, and held – “The mere fact that the victim happened to be a girl belonging to a scheduled (lower) caste does not attract the provisions of the (PoA) Act.”
When a judgement of the Supreme Court deals a body blow to the very foundations of the law which aims to protect, impunity will certainly continue, unabated.
Contempt notice shows Supreme Court’s Anti-dalit bias, says Justice S C Karnan
In what might be a first, Calcutta high court’s Justice S C Karnan, facing a notice from the Supreme Court in a contempt case, has lashed out at the apex court, accusing it of harbouring a caste bias against him.
In defiance of the SC’s decision and sharply escalating the confrontation with the apex court, Karnan accused the CJI J S Khehar-led seven-judge bench of uppercaste bias in initiating proceedings as he belonged to the Dalit community.
Karnan virtually alleged that the court order amounts to an offence under the law to punish atrocities against Dalits and tribals and challenged the court to refer his case to Parliament.
He said: “The suo motu order against me, a Dalit judge, is unethical and goes against the SC and ST (Prevention of) Atrocities Act. It is certainly a national issue and a wise decision would be to refer the issue to the House of Parliament.”
The judge argued that since the order against him was “harsh”, the contempt case should be heard after CJI Khehar retired or placed before Parliament if this was not possible.
In his anxiety to respond to the SC’s February 8 judicial order, Karnan addressed a four-page letter to the SC’s registrar general, a post that no longer exists as it was redesignated years ago as secretary general.
Karnan, who has been at the centre of several controversies, was issued a notice and asked to present himself in the Supreme Court on February 13 to explain “scurrilous” allegations against sitting and former judges.
In response to the apex apex court’s contempt proceedings, Justice Karnan said: “The suo motu petition is not maintainable against a sitting judge of the HC… I have sent representations to various government authorities regarding high irregularities and illegalities occurring at the judicial courts.
I am also a responsible judge to control such high irregularities, especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective courts.
‘Upper caste judges taking law into hands’
He had earlier written to the National Commission for Scheduled Castes, levelling charges of anti-Dalit bias against the chief justice of the Madras high court in 2014 when he was a member of the bench there.
Referring to the February 8 order that also stripped him of judicial and administrative work, Karnan said: “The characteristic of this order clearly shows that the upper caste judges are taking law into their hands and misusing their judicial power by operating the same against a SC/ST judge (Dalit) with mala fide intention to get rid of him.”
Referring to the “harsh order” passed earlier by a bench headed by Khehar, Karnan said: “Therefore, my deep request is to hear the suo motu contempt after retirement of the Chief Justice of India. In the meanwhile, my administrative work and judicial assignment could be restored.
My main contention is only to uproot the corruption prevailing at the Madras high court, and not to spoil the sanctity and decorum of the court.”
“I (had) issued a list of the corrupted judges wherein an inquiry is mandatory, as such the suo motu petition is not maintainable. The order of the apex court in the suo motu contempt petition is erroneous and has been wilfully and wantonly and with mala fide intention was passed.
Therefore, these proceedings may be referred to Parliament, wherein I will establish the high rate of corruption prevailing with the judiciary at the Madras high court.”
Indicating that he might not present himself before the seven-judge bench of the SC on February 13, he said: “The Supreme Court had not granted stipulated time (for him to respond to the contempt notice), which is highly irregular.”
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.
The Raman Singh government has dismissed Sukma district’s Chief Judicial Magistrate Prabhakar Gwal from service in “public interest”, following the recommendation of the Chhattisgarh High Court. Mr. Gwal, a Dalit Magistrate was dismissed on the basis of “available material” (not in public domain) without a internal/departmental inquiry.
On April 4 afternoon, Mr Gwal had updated the news of his termination via his Facebook account-
“DISTRICT COURT DANTEWADA (918982620495):- //ORDER//
Raipur, dated 01.04.2016
“Government of Chhattisgarh state hereby, dismisses Shri prabhakar gwal, Member of lower Judicial Services, Civil judge class-I and Chief judicial magistrate, Sukma, from service in public interest with immediate effect.
District and sessions Judge
South Baster dantewada C.G.”
Earlier, Gwal had hit the headlines for alleging that a BJP legislator, Ramlal Chouhan, had threatened him after he convicted five people in connection with the leak of PMT question papers in 2011. His wife too had written to the President alleging harassment, claiming that Gwal was transferred to Sukma as a result of his judgment. Mr Prabhakar had accused a ruling BJP MLA of threatening him over the judgment.
Mr. Gwal has had a history of exposing corrupt officials and politicians. While Gwal was posted in Bilaspur, he had ordered an inquiry against government officials and Police officers, for the infamous ‘Bhadaura Land-Scam’. The land scam is known for involvement of a senior minister of BJP (Amar Agrawal). Similarly, he had ordered for inquiry of Bilaspur RTO officials. He was then transferred to Raipur, where he rejected to accept Closure Report in the case of IPS Rahul Sharma’s suicide. After that he was transferred to Dantewada. Recently his phone conversation with Dantewada Collector had gone viral, in which Collector had asked Gwal to consult him before ordering to file any case.
He is known for taking strong actions against the executive arm of the government and enjoys a public image of being an upright man. His dismissal comes after his wife filed a civil case against 19 people including judicial officers for harassing her husband. HC stayed that case, meanwhile his dismissal was recommended.
A Dalit officer being dismissed in such a one-sided, clouded, swift manner raises larger questions on the system itself. Was he an inconvenient man who didn’t understand the system and it’s ‘norms’? Did his voice against BJP MLA (Ramla Chauhan), Mr Amar Agarwal and Mr Neeraj Bhansod (for interfering in judicial work) made higher ups uncomfortable? These questions are being raised after his dismissal. The ball is in the judiciary and government court to clear and come out clean. A dismissal order by merely stating, that ‘it is in public interest’ doesn’t fit the democratic norms in 2016.
Protests greet Chhattisgarh government’s dismissal of Sukma’s Chief Judicial Magistrate
On 14 April, the Chhattisgarh government dismissed Sukma’s Chief Judicial Magistrate Prabhakar Gwal. A 2006 batch judicial officer, Gwal, belongs to the Dalit community and has questioned the manner in which the police have been indiscriminately arresting tribals in the conflict zones of Chhattisgarh.
On 8 February, the Sukma Superintendent of Police complained to the District Judiciary against Gwal stating that among other things he has been granting bail to naxal accused and such decisions have “adversely affected the morale of the security forces” and “weakens the judicial process”. It is based on such complaints that Chhattisgarh government dismissed Gwal on the grounds of “public interest” following the recommendation of the Chhattisgarh High Court. The Indian Association of People’s Lawyers (IAPL), in a press release, has protested
against the dismissal of Gwal, calling it unjustified. It said: “Police high-handedness and harassment of those involved in the administration of justice is nothing new to the conflict zones of Chhattisgarh. Recently advocates of the Jagdalpur Legal Aid Group (JagLAG) have been forcefully evicted from Jagdalpur and pressure is being mounted on them by the police administration and police backed vigilante groups to cease their legal practice. JagLAG has been providing legal Aid to many tribals incarcerated in Jagdalpur and Dantewada. Similarly Social activists such as Soni Sori and Bela Bhatia and journalists like Malini Subramaniam,
Prabhat Singh, Santosh Yadav and Somaru Nag who have been raising issues of Human rights violations by the police administration have been threatened, attacked or even arrested. “ The IAPL has alleged that under the pretext of “Mission 2016”, i.e., the present offensive launched by the government to wipe out the Maoist movement in Chhattisgarh, the police in these areas have been taking steps to see that no alternate voice emanates from these areas. The IAPL has raised the larger issue of keeping the judiciary away from police interference , following this dismissal. “Chhattisgarh jails are filled with tribals who have been arrested,
several false and fabricated criminal cases are foisted upon them and they remain incarcerated for several years. Anyone who supports such tribals and questions the policies of the state are branded as “terrorists” or “anti-national”. In such a situation, the judicial system is their last hope. Hence, it is vital that the judiciary be allowed to carry on its functions in accordance with law and without any interference from the police”, it has said. That the dismissal coincides the recent briefing by the National Security Advisor (NSA) Ajit Doval for the Supreme Court Judges at a retreat at the National Judicial Academy, Bhopal, has led to concern among the observers. If police excesses in the name of security concerns in conflict zones are to be tolerated by the judiciary, and the judiciary meekly accepts such advice from the Government, then the signs are ominous, according to an activist lawyer, who has been fighting cases involving civil liberties. The IAPL has alleged that executive interference in judiciary in this manner militates against the basic structure of the Constitution which emphasises separation of powers and independence of judiciary. Lawyers point out that if the Executive is unhappy wih Gwal’s decisions, it has the option to appeal against them in the higher courts. Dismissing a Judge, soley on the ground of his decisions which were in favour of citizens, is inconsistent with the concept of independence of judiciary, they suggest. IAPL has called upon all, especially those from the legal fraternity to resist these moves to prejudice the judiciary and also demanded the immediate reinstatement of Prabhakar Gwal as the Sukma CJM. The press statement has been signed for IAPL, among others, by wellknown advocate from Raipur, Sudha Bharadwaj.
Legal Notice to Chief Justice of India
Honourable Chief Justice of India,
SUPREME COURT OF INDIA,
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 ;
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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