Modi’s Half Hearted Black Money Battle

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

 

Editorial :   NO   AMNESTY  to  Back Money  Launderers

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

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


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


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

 

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

 

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

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

 

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

 Jai Hind. Vande Mataram.

Your’s sincerely,

Nagaraja.M.R.

 

 

PIL –   NO  AMNESTY  to   Black  Money  Launderers

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Cabinet  Secretary , Government of India   & Others

….Respondents

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

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

 

The Humble petition of the   Petitioner above named.

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

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

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


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


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

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

 

2. Question(s) of Law:

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

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

4. Averment:

Covering up Financial Frauds. Please read details at :

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

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

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

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

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

c. To legally prosecute responsible bank executives & fraudsters.

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

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

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

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

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

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

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

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

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

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

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

Kindly read full details at following web page :

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

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

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

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

 

PIL –  BANK ROBBERIES by bank executives

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

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

….Respondents

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

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

 

The Humble petition of the   Petitioner above named.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

4. Averment:

Covering up Financial Frauds. Please read details at :

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

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

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

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

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

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

d. To legally prosecute responsible bank executives & fraudsters.

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

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

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

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

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

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

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

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

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

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

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

Kindly read full details at following web page :

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

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

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

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

PIL – Stop Robberies @  RBI  by  bank staff

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

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

….Respondents

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

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

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

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

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

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

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

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

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

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

2. Question(s) of Law:

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

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

4. Averment:

Covering up Financial Frauds. Please read details at :

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

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

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

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

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

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

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

Kindly read full details at following web page :

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

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

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

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

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

 

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

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

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

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

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

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

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

 

 

 

INDIA`S BLACK MONEY IN SWISS BANK

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

$181 billion Indian black money in tax havens?

 

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

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

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

 

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

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

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

 

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

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

 

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

 

 

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

 

 

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

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

 

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

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

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

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

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

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

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

 

 

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

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

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

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

 

Indian black money deposits moved out of Switzerland

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

India cites UN convention to help unearth black money

 

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

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

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

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

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

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

 

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

 

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

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

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

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

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

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

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

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

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

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

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

Tax Havens

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

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

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

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

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

Mossack Fonseca

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

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

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

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

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

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

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

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

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

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

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

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

 

 

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

By Patrick Martin

 

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

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

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

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

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

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

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

 

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

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

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

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

Among the most important findings:

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

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

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

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

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

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

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

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

 

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

 

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

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

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

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

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

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

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

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

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

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

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

Tax Havens

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

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

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

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

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

Mossack Fonseca

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

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

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

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

2. Question(s) of Law:

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

3. Grounds:

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

4. Averment:

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

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

PRAYER:

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

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

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

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

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

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

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

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

 

PIL – Legal Prosecution of officials involved in Bellary Mining Scam

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

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

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable Chief  Secretary , Government of Karnataka  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

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

2. Question(s) of Law:

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

3. Grounds:

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

4. Averment:

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

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

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

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

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

PRAYER:

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

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

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

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

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

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

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

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

 

Editorial :  Scams , Illegalities in  Trusts , CSR  Funds

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

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

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

 

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

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja.M.R.

 

 

PIL –  Scams in Public  Trusts

An  Appeal to Honourable Supreme Court of  India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO.         OF    2016

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable   Chief Secretary , Government of Karnataka  & Others

….Respondents

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

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

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:

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

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

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

 

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

 
2. Question(s) of Law:

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

4. Averment:

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

Donations Scam In  Educational Trusts

–          I-T  Department Exposes  scam worth crores

 

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

 

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

 

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

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

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

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

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

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

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

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

 

 

Government seeks to tighten regulations for charitable trusts

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Dirty  Money  in  Trusts

 

Money “laundering”

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

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

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

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

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

Swiss knives

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

 

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

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

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

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

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

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

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

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

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

.

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

.

 

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

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

 

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

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

 

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

 

 

 

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

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

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

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

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

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

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

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

 

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

 

RTI applicable to Trusts, institutions indirectly funded by govt

 

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

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

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

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

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

 


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

 

PILs Covered up by Supreme Court

 

Image result for reliance company images

Image result for reliance company images

 

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

 

 

 

 

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

 

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

 

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

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

 

 Ill-gotten Wealth of  Corrupt Public Servants

 

Murderers of Justice Shame to You

 

 

 

 

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

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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


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


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


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


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


Jai hind. Vande mataram.

 

Your’s sincerely,

Nagaraja.M.R.

 

RELIANCE INDUSTRIES LIMITED – WHERE IS ACCOUNTABILITY?


Dear mukesh & anil ambani,


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


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


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


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


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


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

 

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

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

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

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

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

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

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

To ,

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

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

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

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

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

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

2. Question(s) of Law:

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

3. Grounds:

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

4. Averment:

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

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

PRAYER:

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

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

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

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

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

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

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

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

 

 

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

 

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

ALSO READ: Kejriwal orders FIR against Mukesh, Moily

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

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

1) What is KG D6 basin?

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

2) How did Reliance Industries get into KG basin?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8) Is it exploration or exploitation?

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

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

9) Why more investments are bad?

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

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

10) How was the new pricing formula arrived at?

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

Conclusion

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

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

THE MEGA 4G SCAM BY GOVERNMENT AND RELIANCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KG basin controversy: SC seeks response from Reliance


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

 

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

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

 

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

Another Major Scam : Govt. Favours Reliance In KG Basin

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

 

Reliance Communications clears debt of Rs. 2,700 crore

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

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

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO…..  OF 2015

IN THE MATTER OF
NAGARAJA . M.R

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

Versus

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

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

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

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

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

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

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

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

Kindly read full details at following web page :

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/   ,

http://crimesatrpg.wordpress.com/   ,

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

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

Place : Mysuru , India                                   PETITIONER-IN-PERSON

RTI  Appeal  Not  Answered  by  DOT /  BSNL  officials

To ,

Shri. L.K. Govil ,

GM (Coordination) & RTI  Appellate Authority ,

BSNL Corporate office ,

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

Jan Path Road , New Delhi – 110001.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

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

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

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

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

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

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

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

5.      If not , why ?

6.      What action taken by DOT , casewise ?

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

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

9.      If yes , on what  basis ?

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

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

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

13.  If not why , casewise ?

14.  What action by  DOT , casewise ?

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

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

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

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

PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE  INFORMATION :

CPIO , BSNL  HQ , New Delhi.

FEES PAID :  IPO 16G  733463  for rupees  TWENTY only

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

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

EX-MINISTER    SUKHRAM    CONVICTED    IN     1996    TELECOM    SCAM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

‘Undue favour shown to Reliance Jio’

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

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

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

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

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

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

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

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

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

Another spectrum scam hits govt, this time from ISRO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

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

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

CAG report on Reliance Jio:

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

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

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

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

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

Reliance Jio’s response to CAG’s allegations:

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

2G spectrum scam

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

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

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

Background[edit]

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

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

Company

Telecom regions

# of licenses

Remarks

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

Accused parties[edit]

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

Politicians[edit]

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

A. Raja[edit]

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

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

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

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

M. K. Kanimozhi[edit]

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

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

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

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

Bureaucrats[edit]

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

Siddharth Behura[edit]

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

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

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

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

RK Chandolia[edit]

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

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

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

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

Executives[edit]

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

Sanjay Chandra[edit]

·         Position: Former Unitech Wireless managing director[27]

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

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

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

Gautam Doshi[edit]

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

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

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

Hari Nair[edit]

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

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

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

Surendra Pipara[edit]

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

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

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

Vinod Goenka[edit]

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

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

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

Shahid Balwa[edit]

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

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

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

Asif Balwa[edit]

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

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

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

Rajiv Agarwal[edit]

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

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

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

Sharath Kumar[edit]

·         Position: Managing director, Kalaignar TV[27]

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

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

Ravi Ruia[edit]

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

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

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

Anshuman Ruia[edit]

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

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

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

Vikas Saraf[edit]

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

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

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

IP Khaitan[edit]

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

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

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

Kiran Khaitan[edit]

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

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

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

Karim Morani[edit]

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

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

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

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

Corporations[edit]

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

Unitech Wireless[edit]

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

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

Reliance Telecom[edit]

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

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

Swan Telecom[edit]

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

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

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

·         Loop Telecom

·         Loop Mobile India

·         Essar Tele Holding

·         Essar Group (corporate parent of Essar Tele Holding)

Media role[edit]

Main article: Radia tapes controversy

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

Licence cancellations[edit]

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

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

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

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

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

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

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

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

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

Companies affected by cancellations[edit]

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

Company

Parent company

# of licences cancelled

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

Aftermath[edit]

See also: Uninor controversies

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

Aircel-Maxis deal controversy[edit]

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

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

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

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

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

Response to scam[edit]

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

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

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

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JUDGES SEX CRIMES

S.O.S   e – Voice For Justice – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.09..Issue.05….….01/02/2014

 

HANG   RAPIST  CORRUPT  JUDGES

https://sites.google.com/site/eclarionofdalit/hang-rapist-corrupt-judges

 

Nothing but the truth
By 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 incident. 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.

 

 

 

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

 

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls

alleged that when they went to the magistrate’s chamber to give their statement, he allegedly

made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the

judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

JUDGE SENDING OBSCENE SMS TO WOMEN

 

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of

Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of

Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was

accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic

College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR

lodged by the victim while Gangwar’s name surfaced in the primary investigation.

Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to

send a detailed report into the allegations. Appropriate action would be taken on the basis

of the report.”

District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to

send a report about the matter. The report on the basis of the police inquiry would be sent

to the Allahabad High Court Registrar General.”

“I am not aware about the matter, as the Bareilly police did not intimate me before initiating

the probe against the civil judge. They should have informed me when they had received

any such complaint,” the judge added.

Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the

statement of the victim. “I have collected the call details of the cellphone used for sending

the SMSes, but I have yet to get the address of the person who is subscriber of the SIM

card,” he said.

“The probe is on to verify if the accused in the case were present on the location recorded

in the call details when the SMSes were sent. The details of the findings of the

investigation would be sent to the Budaun district court to seek the direction,” the CO

added.

Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP

(Crime) had initiated probe into the matter, but I am not aware if the investigation had

reached to any conclusion.”

The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging

she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.

The preliminary inquiry into the case by the police yesterday had found that the mobile

phone used in the crime belongs to the civil judge.

 

 

Lokayukta: DC demanded sex from widow

 

 

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,

the Karnataka Lokayukta on Saturday made a startling revelation that the state government was

shielding a top bureaucrat who had demanded sexual favours from a young widow.

Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for

discharging his duties as public servant, has since been promoted to a senior position.

Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office

Saturday afternoon, said the unnamed widow had dared the deputy commissioner and

approached the Lokayukta’s office with a complaint against the officer.

On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to

the state government the suspension and prosecution of the DC concerned. The

recommendation was subsequently considered by the concerned department head as well as

the chief secretary and both endorsed it.

But, according to Justice Hegde, no action was initiated against the DC as the same official who

had endorsed the recommendation subsequently found no basis for initiating departmental action

against him. Instead, the official cleared the DC’s name for promotion in the super-scale.

Presently, the official holds a senior position in the government.

The widow, in her late 20s, had approached the DC with a representation to sort out some

problems. But she was shocked when the DC demanded sex.

Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name

the district where the official was serving as deputy commissioner. But the incident has

happened sometime in the course of last three years as Justice Hegde took over as the

Lokayukta in mid-2006.

 

3-year jail term for ‘dirty’ judge

 

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in

1997

Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a

bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly

maintenance allowance from her estranged husband, in 1997 — proved costly to him.

Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)

matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,

on Monday.

According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had

filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,

filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera

Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per

month.

Subsequently, in January 1997, Alka filed another application before the same family court (now

presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On

October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to

Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately

after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone

number, asking her to call him when the court hours ended. He told her that he would ask her

husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she

called him up,” the FIR states.

When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay

him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the

following evening.

“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High

Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the

permission designated a court official to bear witness to the events leading to the trap. Alka,

under video camera surveillance of ACB sleuths, along with the court official and other women

witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when

she protested, repeated his demands,” the FIR states.

Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But

before he could do anything else, ACB sleuths swooped in and arrested him.

 

 

Rajasthan judge is indicted for seeking sexual favours

 

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about

on the unprecedented drive he launched to enforce judicial accountability.

After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the

Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending

another inquiry.

On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of

Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex

with him in exchange for a judicial favour.

The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K

Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the

woman concerned, Sunita Malviya.

But Pattanaik has not announced any action against Madan. When contacted by The Indian

Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in

seeking sexual favours in return for judicial ones.

However, Pattanaik said that no action was being taken since the committee had also mentioned

allegations of corruption against Madan. And so he had ordered a further inquiry by the same

committee into the corruption charges.

When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That

is on hold because I could not have taken piecemeal action against him….I am praying to God

that the final report will give some tangible material to take action.’’

Highly placed sources told The Indian Express that when the committee recorded statements last

week in Jodhpur of about 30 persons over four days, it also came to know of several allegations

of corruption against Madan and another judge of the same high court. The committee put these

on record as well.

Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex

scandal issue and instead limited himself to saying that he was ordering a further inquiry into

corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.

The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October

through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help

her, in turn, get out of a criminal case booked against her.

With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The

first committee’s report into the PPSC scam exonerated one judge despite evidence and let two

others off with a mere slap on the wrist. The third committee is now busy probing the involvement

of judges in the Mysore sex scam.

 

 

Ten reasons why criminals in khaki get away

Siddharth Varadarajan

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and

footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must

never forget that he was able to get away with the sexual molestation of a young child and the

illegal harassment of her family for 19 years because he had hundreds of men who supported

him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school

administrators – were willing to bend the system to accommodate a man accused of molesting a

minor speaks volumes for the moral impoverishment of our establishment and country. Decent

societies shun those involved in sexual offences against children. Even criminals jailed for

`ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale.

But in India, men like Rathore have their uses for their masters, so the system circles its wagons

and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the

slapping of abetment to suicide charges, since his young victim killed herself to put an end to the

criminal intimidation her family was being subjected to by Rathore and his men. But the systemic

rot which the case has exposed will not be remedied unless sustained public pressure is put on

Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have

it in their power to push for simple remedies in the way the Indian law enforcement and justice

delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and

security forces personnel when they are accused of committing crimes. The original intent behind

this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of

discharging their duties in good faith. Somewhere along the line, this has come to mean

protecting our custodians of law and order when they murder innocent civilians (eg. the infamous

Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five

villagers in 2000 still cannot take place because the Central government will not grant

permission), or assault or molest women and children. No civilised, democratic society grants

such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how

they had wanted Rathore prosecuted but were prevented from doing so because of pressure.

Such officials should either be made formally to testify in a criminal case against the politicians

who so pressured them or they should themselves be hauled up for perverting the course of

justice.

Second, stop talking about how making the police and army answerable to the law will somehow

demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or

the morale of upright police and army officers, who do not think it is right for their colleagues to be

able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was

protected by four chief ministers of Haryana. He served them and they served him by ensuring

his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating

back to 1861. A number of commissions have made recommendations for reforming the police

over the years; but no government or political party wants to give up its ability to use and misuse

the police for their own benefit

Fourth, ensure that police officers who abuse their authority and engage in mala fide

prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.

Chidambaram should use the considerable resources at his command to find out who were the

policemen involved in filing 11 bogus cases against the teenaged brother of the young girl

Rathore molested. He should then make sure criminal proceedings are initiated against all of

them. The message must go out to every policeman in the country: If you abuse the law at the

behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a

matter of routine so that a powerful defendant is not able to use his position to delay proceedings

the way Rathore did for years on end. The destruction or disappearance of material evidence in

such cases must be treated as a grave offence with strict criminal liability imposed on the

individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments

and state governments cannot brush aside their orders as happened in the Rathore case. This

would also require appointing to the NHRC women and men who have a proven record of

defending human rights in their professional life, something that is done today only in the breach.

The attitude of the Manmohan Singh government to this commission and others like the National

Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies

are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual

crimes, including sexual crimes against children. Between rape, defined as forced penetrative

sex, and the vague, Victorian-era crime of `outraging the modesty of a woman’, the Indian Penal

Code recognises no other form of sexual violence. As a result, all forms of sexual molestation

and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the

judge did not even hand down the maximum sentence, citing concerns for the criminal’s age.

Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to

distinguish between `outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern

world has been pending with the NCW and Law Ministry for years. Perhaps the government may

now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate

that the family of Rathore’s young victim had to endure is testament to the fact that people who

seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used

against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves

whether they were also derelict in their duty. The Rathore case did not attract the kind of constant

media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is

too patchy to inspire confidence. It was, after all, the high court which chose to disregard the

CBI’s request for including abetment to suicide charges.

Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of

Haryana, custodians, sexual violence, NHRC

 

 

Porbandar judge accused of dowry harassment

 

A complaint has been filed against District and Sessions judge of Porbandar for allegedly

harassing his daughter-in-law for dowry, police said here on Sunday.

Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw

and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the

police added.

Darshana married Kinnar two years ago. Her complaint says that she was harassed from the

beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10

lakh as dowry.

She has also alleged that she was thrown out of the house a few months back, and her husband

is now seeking divorce, the police said.

Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against

the judge and others. He said that action will be taken after verifying the complaint.

This is the second complaint related to dowry harassment filed against a judge in the state in the

recent past.

Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her

daughter and the judge’s wife committed suicide.

 

 

Gurgaon judge to also face dowry harassment charge

 

Gurgaon’s Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also

face dowry harassment charge, police here said Monday.

Police have issued notices to the CJM’s father K.K. Garg and mother Rachna Garg, who have

also been named in the dowry harassment case.

The CJM’s father reached here Monday morning from Haryana’s Panchkula town and contacted

police, who wanted to question him.

“We had called CJM’s parents…K.K. Garg was questioned by special investigation team (SIT),”

Gurgaon Police Commissioner Alok Mittal said.

Mittal said on the basis of written complaint filed by the parents of the CJM’s wife Geetanjali,

penal sections of dowry harassment and extra-marital affair were included in the FIR lodged

against the CJM Saturday.

Geetanjali, 24, bore three bullet wounds – on her chin, chest and stomach – but no bullets were

found in her body that was recovered here Thursday. The CJM’s licensed firearm was found near

the body, police said.

Mittal said two bullets were seized from the scene of crime and would be sent for ballistic

examination Monday, a day after ballistic experts examined the crime spot.

“The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government

allotted house here in the Officers Colony,” said Mittal.

“We have asked CJM to produce supporting evidences to prove his statement,” he said.

The CJM allegedly said that his driver and domestic help may throw some light on his wife’s

death.

Judge Garg’s in-laws alleged that two cars were provided to the accused on his and his family’s

demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in

school in May.

Geetanjali’s brother Pradeep Aggarwal Saturday lodged a first information report against Garg

and his parents, accusing them of murder.

“Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but

the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered

two baby girls (now aged around four and a half and three years),” Aggarwal said in his

complaint.

He demanded a probe by the Central Bureau of Investigation (CBI) into his sister’s murder.

 

 

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

 

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 Ill-gotten Wealth of  Corrupt Public Servants

 

 

 

 

 

 

Murderers of Justice Shame to You

 

 

 

 

 

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

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA

 

 

 

 

sexual harassment: Intern moves SC for inquiry against Justice Swatanter Kumar

 

 

New Delhi: A former law intern, who has made sexual harassment allegations against Justice Swatanter Kumar, today moved the Supreme Court seeking inquiry against the retired judge.

A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned for urgent hearing, agreed to take up the case on January 15.

The intern, in the petition, challenged the apex court’s December 5, 2013 full court resolution in which it was decided that no complaint against its retired judges will be entertained.

 

The petitioner also submitted that a proper forum be constituted to conduct inquiry in such cases and her complaint be also looked into by the apex court like it was done in the case of sexual harassment allegations against Justice (retd) A K Ganguly.

The intern has made Justice Kumar, Secretary General of the Supreme Court and Union of India parties in the case.

She submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per Vishaka guidelines.

Justice Kumar, who is currently heading the National Green Tribunal, has described the allegations as “incredulous and false” and “some kind of conspiracy”.

 

 

 

 

IB confirms Mysore Roost  Resort sex scandal

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU  ,

 

Read  full details  in  the attachment

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxzb3Nldm9pY2Vmb3JqdXN0aWNlfGd4Ojc3MjUzOGU4NDU0ZDFlODg  ,

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxzb3Nldm9pY2Vmb3JqdXN0aWNlfGd4Ojc3MjUzOGU4NDU0ZDFlODg  ,

 

 

Panel names former India Supreme Court judge Ganguly in sex harassment allegation

 

Shocked, shattered by allegations: former Supreme Court judge Ganguly

New Delhi: A three-member panel that probed the charge of sexual harassment of a young lawyer by a Supreme Court judge has submitted its report, identifying the judge as A K Ganguly, court sources said on Friday.

The report was submitted on Thursday after the committee of three judges met six times. This is the first time an alleged perpetrator has been named.

The report, submitted to Chief Justice P Sathasivam, also carries the statements of the victim, who interned in the Supreme Court, and that of the now-retired Justice Ganguly, the sources said.

The graduate of Kolkata-based National University of Judicial Sciences (NUJS) had alleged sexual harassment by Ganguly while interning for him in December 2012.

The committee, which held six sittings on November 13, 19, 21, 26, and 27, submitted its report to Chief Justice Sathasivam on November 28.

The victim appeared before the committee on November 19 and was expected to appear again on November 21 but chose to stay away.

She first mentioned the incident in a blog for Journal of Indian Law and Society on November 6 and later told the same in an interview with Legally India website.

The victim, who is working with Natural Justice: Lawyers for Communities and Environment, said she heard that there were three other girls besides her who were sexually harassed by the same judge.

She also claimed to have knowledge of four more girls who were allegedly harassed by other judges in their chambers.

Denying any sexual harassment, Ganguly on Friday said he was “shocked and shattered” by the charges against him.

“I am denying everything. I have told the committee that all the allegations levelled by the intern are wrong. I don’t know how such allegations have been levelled against me,” he said.

“I am a victim of situations,” he told television channels.

“I am not ashamed of anything,” he said in reply to a question regarding the alleged episode which came out in public after the victim spoke about it in the legal portal earlier this month.

He said the charges against him were totally wrong. The girl had not raised any sexual harassment issue with him, he said, adding that he had not done any physical harm to her.

The former judge said the intern worked with him though she was not officially allocated to him. She came in the place of another intern who had gone abroad after marriage. “I never put up a poster. She came on her own.”

He said the girl had come to his house on a number of occasions in connection with work.

 

 

When  a  Judge  Himself   Commits   Crime  ,  When  a  POLICE  Himself  robs , Murders ….

 

In  the  rape case of  Ms.Nirbhaya committed last year in New Delhi , all the accussed were from lower  middle class background. So , the whole society , media , police raised voiced against them and the guilty were rightly prosecuted.

But take the recent case of  Supreme Court Judges accussed of sexual offences Mr. A . S. GANGULY , Mr. SWATHANTER  KUMAR  or  DGP SPS Rathore involved in Ruchika case  or  some some  Ministers , MLAs , MPs, the media , society , police &  Prosecuting judges are  biased towards the accussed. Because  the accussed  are  rich & mighty , belong to ruling elite class.

 

Are  not  the laws & it’s enforcements  fair , equitable , just and same for one & all ?

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 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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

I  have  shown  in the following  attachment how  justice is bought , purchased , manipulated  in  INDIA  with  actual  cases.  Just  see the recent  examples  of  supreme  court  judges  involved  in  sexual  assault  case  &  ROOST  Resort  Mysore  Sex scandal involving  judges , if  any ordinary  fellow  had committed the same crimes  he would have been  hauled over the coal fire. Just take another  recent example of  Prisoner Movie actor sanjay dutt , TADA  provisions were diluted by the judge to favour him and now he is getting parole  week after week  while  the ordinary convicts never   get a single parole throught their sentence.  What  Brilliant  Judges , what  brilliant police  sirji.

 

Parties question parole for Sanjay

 

A doctor who examined the actor’s wife said she has been diagnosed with a tumor in the liver and a suspected heart ailment.

Opposition parties in Maharashtra have accused the State government of preferential treatment in granting a one-month parole to Bollywood actor and 1993 Mumbai blasts convict Sanjay Dutt. The actor was granted parole on Friday on the grounds that his wife Maanyata was unwell and needed to undergo surgery.

This is the second time in three months that the actor — who is the brother of Congress MP Priya Dutt — has been granted leave from the Yerawada jail. Mr. Dutt has been serving the remaining period of his two-year sentence there since May 2013. In October, he got a month’s leave on grounds of ill health. However, the same month, the parole application of another 1993 Mumbai blasts convict Zaibunissa Kazi was turned down. She had asked for leave to visit her ailing mother. On Saturday morning, a group of activists from the Republican Party of India staged a protest outside the jail. “This is a blatant misuse of power by the Maharashtra government. It is clear that Sanjay Dutt is getting preferential treatment,” said Manoj Gaikwad, an RPI activist and Sangharsh Samiti volunteer.

In Mumbai, BJP leader Gopinath Munde demanded the order be reversed. “How can Sanjay Dutt be given parole after such a short gap? The parole should be cancelled and there should be action against the officer who cleared it,” he said.

Mr. Munde said the authorities needed to check if Mr. Dutt’s wife was genuinely unwell. However, Maanyata Dutt’s doctor Ajay Chaughule from the Global Hospital told The Hindu that a tumour had been detected in her liver.

 

SHAME  TO  CORRUPT  JUDGES  OF  INDIA

 

 

 

Corruption in  Indian  Judiciary :

http://www.corruptioninindia.org/IndianJudiciary.php

 

Two former Judges accuse former CJI Balakrishnan of fixing and corruption

 

http://barandbench.com/content/two-former-judges-accuse-former-cji-balakrishnan-fixing-and-corruption#.Uq2wq9Rmxe4  ,

 

 

‘Corruption Is Rampant In The Lower Courts’

Former chief justice of India on corruption in judiciary

 

Yet another case of judicial corruption was exposed last month when the Andhra Pradesh High Court suspended additional special judge for CBI cases T. Pattabhi Rama Rao following allegations of corruption. Charged on the basis of a complaint filed by the CBI, the special judge had allegedly taken a bribe of Rs 5 crore to grant bail to former Karnataka minister Gali Janardhana Reddy in the illegal mining case. The vigilance wing of the high court found the allegation to hold merit. Former chief justice of India V.N. Khare told Chandrani Banerjeethat such incidents are now rampant. Excerpts:

Are bribes for bail endemic now?

There is no doubt about it. It is rampant. Corruption in the lower courts is no secret. Sometimes, in the high court as well, cases of corruption have surfaced, but in my experience while I was in the Supreme Court, I have not witnessed anything similar.

In the lower courts, it’s alleged that everything comes for a price. Rates are fixed for quick divorce, bail and other favourable verdicts.

Cases in the media glare, constantly scrutinised, are different. Otherwise it is very difficult for the common man. There are huge time gaps between hearings. Years are spent to get an order from the lower courts. So, it is difficult.

     
  “Judges are only human, like us. They come from the same society. Our society is all about quick successes. Short cuts are taken. Even by the judges.”  
     

Subordinate courts function under the supervision of high courts. Should the higher courts be accountable?

The respective high courts have so much of work that monitoring district courts is just part of the routine. High courts have inspecting judges who are responsible for monitoring district courts. They go with a lot of band baaja and have lunch while on inspection. Inspecting judges are presented with a rosy picture and then they file a report. Now, the greater problem is that they are overburdened with work. Cases are in addition to administrative work, besides other mandatory official work. As a result, the inspecting judges of the high courts have no time to follow up. We need dedicated staff to monitor the district courts.

What kind of monitoring is needed?

A team of three serving judges should be formed. These judges should dedicatedly monitor the district judges. Their judgements should be analysed and questioned. Their attendance and work should be scrutinised. Someone should question them about their performance. I feel doing that will put in some checks.

You mean to say work overload and pendency of cases have themselves become a factor in corruption?

Yes, to a large extent. The high court judges are overburdened and they have no time. They always inform the district court authorities before the visits. It causes a situation where the real problem never comes to the surface. A dedicated committee of judges will help, but we are short of people. To my knowledge, we have 13.2 judges for 10 lakh people. If required to, we use excess strength in a particular situation, but there is no permanent arrangement. We work on an ad-hoc basis and so there are problems.

Would a few suspensions control corruption in the lower courts?

They will certainly convey a message. When I was serving, I did take certain measures which sent the message across the country that any charge of corruption will be probed. Fast actions and decisions on charges levelled against judges always work as deterrent.

What is the role of the inspecting judges in controlling corruption?

They should conduct sudden checks, always unannounced, and also follow up on any complaint registered in the district courts. However, to actualise this, we have to have a sufficient number of good judges. The monitoring will then be effective and result-oriented.

What is the mechanism to keep the lower courts free from corruption?

A dedicated committee of judges that will only monitor lower courts. Punctuality, integrity and court orders—everything should be under the lens. Such accountability will ensure the right kind of order is delivered in every petition.

Is consumerism responsible for fostering corruption in lower courts?

Judges are only people, like us. They come from the same society. Society is all about taking short cuts. Society is about quick successes. So, short cuts are taken and the judges are no different.

 

Supreme Court wants corrupt judges thrown out



Read more at: http://indiatoday.intoday.in/story/corruption-in-judiciary–sc-wants-corrupt-judges-thrown-out/1/137730.html

 

In a strong message against corruption in the subordinate judiciary, the Supreme Court on Tuesday observed incorrigible judges who were bringing the entire judiciary to disrepute should be thrown out.

“A large section of subordinate judges is bringing disrepute to the entire judiciary. We have to hear of judges taking money and can do nothing but hang our heads in shame,” a bench comprising Justices Markandey Katju and Gyan Sudha Misra said.

“Incorrigible judges should be thrown out,” the bench said, while dealing with a contempt petition against an additional district judge (ADJ).

ADJ Archana Sinha, who repeatedly pleaded for mercy, had stayed the operation of a Supreme Court order on the eviction of a tenant from a prime property in Connaught Place.

“The ( ADJ’s) order is quashed as mala fide and void,” the bench said, while directing the Delhi High Court to seek an explanation from her.

The bench directed the chief justice of the HC to conduct an inquiry into the matter and take such action as he deemed fit.

With Sinha’s counsel Jayant Bhushan claiming her action was not mala fide, Justice Katju, who initially planned to suspend her with immediate effect, asked: “She sat over the head of the Supreme Court. You want us not to suspend her?” “She had no business to hear the matter. Instead she superseded and overruled us,” he said.

Bhushan, thereafter, tried to take the court through some documents to show her action was not totally unjustified, but the court was not inclined to consider such pleas.

“Once she came to know of the Supreme Court order, all this was irrelevant and she should not have touched the matter,” Justice Katju said.

“We have to hear of judges taking money. A message has to go. We will not tolerate this,” the bench said.

At one point, the bench mellowed down when Sinha pleaded for mercy with folded hands. “Hamare pas bhi dil hai (we also hearts too),” Justice Katju said.

With the bench deciding to let her off with a written apology, the counsel for the landlord, Dushyant Dave, opposed any leniency for the judge. “Let her give an explanation to the high court chief justice. I believe there is a history behind this. The judiciary gets a bad image because of judges like these,” Dave said.

Opposing leniency, he said: “If it was contempt by someone from the executive, he would have been sent to jail for this.” The bench, thereafter, took a tough stand and referred the matter to the HC chief justice after holding in clear terms that her action was tainted with mala fide intentions.

Read more at: http://indiatoday.intoday.in/story/corruption-in-judiciary–sc-wants-corrupt-judges-thrown-out/1/137730.html

 

 

 

India: Contemptible justice   

 

The spate of scams involving some members of the Indian higher judiciary in corruption, bribery, sex, nepotism and abuse of power has again drawn attention to the long overdue need for reform of the judicial system. The image of the judiciary and its credibility are perhaps at an all-time low. The problem of corruption comes on top of the problem of judicial inertia and the prohibitively expensive nature of the process of securing justice. This has effectively ensured that the judicial system cannot deliver justice to the ordinary citizen. All this suits the ruling establishment just fine, since those who have the power of force or money do not need the courts to get justice. It is the poor and the oppressed, the common people who need a properly working system for the administration of justice. This is also why those who have the power to reform the system have failed to do so despite knowing the problems and the solutions. It has become clear that judicial reforms will only come when the general public, who are the consumers of justice, put together a strong and powerful movement on this issue.

There are enough indications that corruption in the higher judiciary has reached unacceptable levels. For instance, in March this year, Justice Shamit Mukherjee of the Delhi High Court had to tender his resignation, following which he was arrested by the Central Bureau of Investigation under sections of the Anti-corruption Act, 1988 and sections of the Criminal Procedure Code for criminal conspiracy. Rampant corruption, which has steadily undermined the credibility of and popular faith in the judicial mechanism, was clearly to be expected in a situation where the higher judiciary enjoys enormous powers without accountability.

Power sans accountability inevitably breeds corruption and abuse. Consider the situation. Once appointed, a judge of a high court (the highest judicial mechanism in the states) or the Supreme Court, cannot be touched except by a complicated procedure of impeachment. As per the constitutional provisions, a judge of a high court or the Supreme Court can only be removed by impeachment after 100 members of the Lok Sabha (the lower house) or 50 members of the Rajya Sabha (the upper house) move the speaker, who may refer the charges to a committee of judges whose verdict is put up before both the houses of Parliament. The judge can only be removed if a two third-majority of members present and voting approve the verdict of the committee.

Today impeachment remains the only option since the judicial system has insulated itself from criminal investigation through a Supreme Court ruling. This happened in 1991 in a case arising from the discovery of huge quantities of money in the residence of Justice K Veeraswamy, then Chief Justice of the Madras High Court. When the Central Bureau of Investigation prosecuted for corruption, the Supreme Court ruled that no First Information Report can be registered against a judge, nor a criminal investigation be initated, without prior consent of the Chief Justice of the Supreme Court. This effectively excluded the higher judiciary from the ordinary laws of the land, since there is no possible circumstance under which an investigating agency can approach the Chief Justice for consent to investigate a judge without any concrete evidence against him. This is the reason why no judge has ever been subjected to a criminal investigation after the Veeraswami judgment. In the meanwhile, armed with this legal immunity judicial corruption has continued to flourish.

This immunity is doubly reinforced by the fact that the procedure for impeachment of judges is not only cumbersome, it is also eminently susceptible to political interference. The existing system of impeachment was found to be practically unworkable in the V Ramaswamy case, where the judge survived in office despite being found guilty on several serious charges of corruption by a statutory committee of three fellow judges. This was because members of the Congress, then in power during the prime ministership of PV Narasimha Rao, abstained from voting due to a whip issued by the party leadership when the impeachment motion was put to vote in Parliament in May 1993. In that particular case, however, it was at least possible to initiate the process, because the charges against the judge dealt with irregularities in purchases made in his official capacity. These purchases were audited by the Accountant General and it was in that process that the evidence of corruption came out. As a result, it was possible to frame charges for his impeachment and have the relevant procedural motions signed by 100 members of Parliament. In normal cases of judicial corruption however, it is difficult to produce evidence of the judge’s corruption in the absence of official investigation. Thus, it is not possible to even initiate the process of impeachment, let alone carry one through to the bitter end.

Judges’ sellout
Apart from enjoying immunity from removal and investigation, the higher judiciary further enjoys virtually unlimited powers of punishing people for contempt of court. Any person making any allegation of corruption against a sitting judge can be charged and punished for contempt, even if he is in a position to substantiate the charge. The contempt proceedings are so biased in favour of the judicial system that the very judge against whom the allegation of corruption has been made can prosecute the charge for contempt. The judge can even sit in judgment on his or her own cause, and can actually refuse to permit the alleged contemnor to lead evidence to prove the charge. This is such a vast and unchecked power that it can easily be and has been misused by the judiciary.

The excessive power that the judiciary wields in respect of contempt is in reality a way of shielding itself from legitimate criticism even when such criticism does not otherwise prejudice or obstruct the administration of justice. The existence of this arbitrary power is undoubtedly one of the main reasons why public exposure of judicial corruption has been few and far between and even routine criticism of the judiciary is muted.

Beyond the matter of public scrutiny, the Indian judiciary has been steadily increasing its other powers over the years, adding vast and arbitrary authority ostensibly for enforcing the fundamental rights of citizens. However, these powers are usually exercised in the interests of the ruling establishment. More and more instances are being witnessed where, by judicial fiat, the constitutional mandate is flouted and even the fundamental rights of liberty, equality and right to work are rendered nugatory when ordinary citizens are pitted against the state and powerful sections of society. This is how, for instance, in the interest of cleaning up Delhi’s air by reducing the levels of pollution, the Supreme Court ordered the closure and relocation of several small industries in the city, leading to the loss of livelihood for several thousand workers.

As it is, the state has a long record of enacting anti-democratic and draconian laws. Not only have the courts usually put their seal of approval on these laws, but they have sanctified action taken under them, such as the dismissal of employees en-masse from industrial jobs. The judiciary has also recently been playing a leading role in upholding the sellout of public enterprises by disinvestments carried out under the cover of globalisation. Lately, it has played a retrograde role in curbing the rights of workers to protest and go on strike, endorsing several antidemocratic measures to restrict their rights. Meanwhile, the proliferation of public interest litigations has encouraged unrestrained judicial activism. Though judicial activism through public interest litigations can be a healthy check on an executive which has failed and become corrupt, it can become a menace in the hands of a corrupt and unaccountable judiciary.

The problems with the higher judiciary, however, begin with the process of appointment itself. Quite apart from the fact that the method of selection of judges itself is defective, the entire process is kept under a cloak of secrecy. Thus, before an appointment is actually made, the general public does not have any idea about who are being considered for the post. Many persons whose integrity was known to be suspect and those who had been found guilty of professional misconduct during their legal career have come to be appointed to high office through this secretive system. The selection process has undergone some change over the years, but it has not reduced the spate of undesirable and positively harmful appointments. While earlier the selection was made by the government itself (after consultations with the Chief Justice), now, by a process of judicial interpretation, the power has been transferred to a collegium of three to five judges of the Supreme Court. This has managed to reduce the government’s monopoly over appointments, but the system has not change significantly. The patronage system has simply become more fraternal, since senior judges of the Supreme Court now wield the power of appointment of their junior colleagues. The proof is in the results, and there has not been a noticeable difference in the quality of appointments.

National commission
In an attempt to tackle the problem relating to appointments and accountability of judges, the Committee on Judicial Accountability (COJA), consisting of members of the legal profession, almost a decade ago forwarded a detailed proposal for a high-powered, full-time and independent National Judicial Commission (NJC). This commission would make appointments as also have disciplinary powers over judges of the higher judiciary. The commission would also be responsible for appointments to various commissions and quasi-judicial bodies. The NJC would comprise a nominee each of the Supreme Court, the chief justices of the high courts, the central cabinet, the opposition in Parliament, and the bar. It would also have an investigative machinery of its own to inquire into complaints against members of the judiciary. Members of the NJC would have the same status as that of Supreme Court judges and a guaranteed tenure of five years, after which they would be ineligible for any other similar post.

This proposal would have brought transparency into the system of appointment of judges. But even though nearly every political party included the proposal in its election manifesto, the National Judicial Commission is yet to become reality. The reasons are not far to seek. But now, after the spate of highly publicised judicial scandals, particularly the Shamit Mukherjee case, the government has come up with a proposal to constitute a somewhat truncated NJC. This commission is to be a part-time body of three senior sitting judges of the Supreme Court, the law minister and a nominee of the prime minister. This NJC will not have the power of removal of judges and the present impracticable system of impeachment will continue. The government’s proposal will merely institutionalise the system of sharing the spoils of appointment between the government and the senior members of the judiciary.

Since under the circumstances the judiciary cannot be expected to reform itself, and since the main political parties have reneged on their electoral commitment as expressed in their manifestos, only a strong public campaign can provide the impetus to put in place an independent and responsible body for the appointment and removal of judges. Popular pressure is the only force that can get the 1991 Veerasamy judgment overruled, whether legislatively or judicially, to ensure that judges can be investigated like any other class of citizens. Civic mobilisation is necessary to force change in the contempt law so as to ensure that citizens cannot be prosecuted for making allegations against judges, unless they have done so recklessly or in bad faith. The law must be changed so that judges cannot sit in judgement of their own contempt cases. If the judicial mechanism has to be rescued from its own infirmities, citizens and civil society in India must put together a strong movement to force accountability in the judiciary.

 

 

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. 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 , past cases of sexual assaults on women by judges (hushed up ?) , 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.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

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.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

 

Shinde protected businessman close to Dawood, alleges former home secretary RK Singh

 

–          Legal Manipulation / Match Fixing by Union Home Minister

 

Former Union home secretary R.K. Singh on Monday alleged that Union Home Minister Sushilkumar Shinde had shielded a top businessman close to Dawood Ibrahim.

He claimed Delhi Police was stopped by Shinde from questioning a Mumbai-based businessman, who is said to have “some kind of links” with Dawood Ibrahim, in connection with the betting in Indian Premier League, a T-20 cricketing tournament.

Singh, now a BJP member, also said that there was no assurance given by the US on Dawood Ibrahim. He said that a meeting of the US and Home Ministry officials took place but there was no assurance by the US.

Earlier, Shinde had said that joint efforts with the US were being made to nab India’s most wanted terrorist Dawood Ibrahim.

“As per our information, Dawood is in Pakistan. When I went to America last year to discuss inland security, I met the Attorney General who looks after the FBI. I talked to him and we decided that we will pass whatever information we have on Dawood amongst each other. We decided we will make joint efforts,” Shinde said when asked about the whereabouts of Dawood who is wanted in a number of cases by Indian agencies including the 1993 Mumbai blasts.

Singh also alleged that Shinde had regularly interfered in Delhi Police’s functioning.

In his interview to TV channels, Singh used the shoulder of former Delhi Police Commissioner Neeraj Kumar to fire at Shinde claiming that “slips used to reach Delhi Police chief quite often asking about posting some people as Station House Officers”.

“These were not a few postings but in large number of police stations,” he told the channels.

“I don’t know whether money used to exchange hands but Delhi Police Commissioner told me that numerous slips used to come from his residence… you don’t make large number of recommendations… the postings as SHO’s has a vigilance angle to it,” he said.

Singh had earlier claimed there were quarrels between him and Shinde.

When Shinde was asked to respond to reported remarks by Singh in an interview, he said, “One needs to run administration very well and if anybody fails to do his duty, I am bound to take action against him in the capacity as Home Minister.”

Singh, during his media interview, had claimed that he had many quarrels with Shinde over various issues and also alleged that Congress-led UPA government was “clueless” about governance and that its ministers were steeped in corruption.

In what was seen as a snub to Singh, Anil Goswami was also named as his successor weeks before the end of the incumbent’s superannuation.

Singh was also criticised for not making any attempt to inform the family of Afzal Guru, the death row convict in Parliament attack case, who was hanged on February nine last year.

Read more at: http://indiatoday.intoday.in/story/shinde-protected-businessman-close-to-dawood-alleges-former-home-secretary-rk-singh/1/336015.html

 

 

 

 

 

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Hang Rapist Corrupt Judges

S.O.S   e – Voice For Justice – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.09..Issue.04….….25/01/2014

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA

 

 

sexual harassment: Intern moves SC for inquiry against Justice Swatanter Kumar

 

 

New Delhi: A former law intern, who has made sexual harassment allegations against Justice Swatanter Kumar, today moved the Supreme Court seeking inquiry against the retired judge.

A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned for urgent hearing, agreed to take up the case on January 15.

The intern, in the petition, challenged the apex court’s December 5, 2013 full court resolution in which it was decided that no complaint against its retired judges will be entertained.

The petitioner also submitted that a proper forum be constituted to conduct inquiry in such cases and her complaint be also looked into by the apex court like it was done in the case of sexual harassment allegations against Justice (retd) A K Ganguly.

The intern has made Justice Kumar, Secretary General of the Supreme Court and Union of India parties in the case.

She submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per Vishaka guidelines.

Justice Kumar, who is currently heading the National Green Tribunal, has described the allegations as “incredulous and false” and “some kind of conspiracy”.

 

 

 

 

IB confirms Mysore Roost  Resort sex scandal

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU  ,

 

Read  full details  in  the attachment

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxzb3Nldm9pY2Vmb3JqdXN0aWNlfGd4Ojc3MjUzOGU4NDU0ZDFlODg  ,

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxzb3Nldm9pY2Vmb3JqdXN0aWNlfGd4Ojc3MjUzOGU4NDU0ZDFlODg  ,

 

 

Panel names former India Supreme Court judge Ganguly in sex harassment allegation

 

Shocked, shattered by allegations: former Supreme Court judge Ganguly

New Delhi: A three-member panel that probed the charge of sexual harassment of a young lawyer by a Supreme Court judge has submitted its report, identifying the judge as A K Ganguly, court sources said on Friday.

The report was submitted on Thursday after the committee of three judges met six times. This is the first time an alleged perpetrator has been named.

The report, submitted to Chief Justice P Sathasivam, also carries the statements of the victim, who interned in the Supreme Court, and that of the now-retired Justice Ganguly, the sources said.

The graduate of Kolkata-based National University of Judicial Sciences (NUJS) had alleged sexual harassment by Ganguly while interning for him in December 2012.

The committee, which held six sittings on November 13, 19, 21, 26, and 27, submitted its report to Chief Justice Sathasivam on November 28.

The victim appeared before the committee on November 19 and was expected to appear again on November 21 but chose to stay away.

She first mentioned the incident in a blog for Journal of Indian Law and Society on November 6 and later told the same in an interview with Legally India website.

The victim, who is working with Natural Justice: Lawyers for Communities and Environment, said she heard that there were three other girls besides her who were sexually harassed by the same judge.

She also claimed to have knowledge of four more girls who were allegedly harassed by other judges in their chambers.

Denying any sexual harassment, Ganguly on Friday said he was “shocked and shattered” by the charges against him.

“I am denying everything. I have told the committee that all the allegations levelled by the intern are wrong. I don’t know how such allegations have been levelled against me,” he said.

“I am a victim of situations,” he told television channels.

“I am not ashamed of anything,” he said in reply to a question regarding the alleged episode which came out in public after the victim spoke about it in the legal portal earlier this month.

He said the charges against him were totally wrong. The girl had not raised any sexual harassment issue with him, he said, adding that he had not done any physical harm to her.

The former judge said the intern worked with him though she was not officially allocated to him. She came in the place of another intern who had gone abroad after marriage. “I never put up a poster. She came on her own.”

He said the girl had come to his house on a number of occasions in connection with work.

 

 

When  a  Judge  Himself   Commits   Crime  ,  When  a  POLICE  Himself  robs , Murders ….

 

In  the  rape case of  Ms.Nirbhaya committed last year in New Delhi , all the accussed were from lower  middle class background. So , the whole society , media , police raised voiced against them and the guilty were rightly prosecuted.

But take the recent case of  Supreme Court Judges accussed of sexual offences Mr. A . S. GANGULY , Mr. SWATHANTER  KUMAR  or  DGP SPS Rathore involved in Ruchika case  or  some  some  Ministers , MLAs , MPs, the media , society , police &  Prosecuting judges are  biased towards the accussed. Because  the accussed  are  rich & mighty , belong to ruling elite class.

 

Are  not  the laws & it’s enforcements  fair , equitable , just and same for one & all ?

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 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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

I  have  shown  in the following  attachment how  justice is bought , purchased , manipulated  in  INDIA  with  actual  cases.  Just  see the recent  examples  of  supreme  court  judges  involved  in  sexual  assault  case  &  ROOST  Resort  Mysore  Sex scandal involving  judges , if  any ordinary  fellow  had committed the same crimes  he would have been  hauled over the coal fire. Just take another  recent example of  Prisoner Movie actor sanjay dutt , TADA  provisions were diluted by the judge to favour him and now he is getting parole  week after week  while  the ordinary convicts never   get a single parole throught their sentence.  What  Brilliant  Judges , what  brilliant police  sirji.

 

Parties question parole for Sanjay

 

A doctor who examined the actor’s wife said she has been diagnosed with a tumor in the liver and a suspected heart ailment.

Opposition parties in Maharashtra have accused the State government of preferential treatment in granting a one-month parole to Bollywood actor and 1993 Mumbai blasts convict Sanjay Dutt. The actor was granted parole on Friday on the grounds that his wife Maanyata was unwell and needed to undergo surgery.

This is the second time in three months that the actor — who is the brother of Congress MP Priya Dutt — has been granted leave from the Yerawada jail. Mr. Dutt has been serving the remaining period of his two-year sentence there since May 2013. In October, he got a month’s leave on grounds of ill health. However, the same month, the parole application of another 1993 Mumbai blasts convict Zaibunissa Kazi was turned down. She had asked for leave to visit her ailing mother. On Saturday morning, a group of activists from the Republican Party of India staged a protest outside the jail. “This is a blatant misuse of power by the Maharashtra government. It is clear that Sanjay Dutt is getting preferential treatment,” said Manoj Gaikwad, an RPI activist and Sangharsh Samiti volunteer.

In Mumbai, BJP leader Gopinath Munde demanded the order be reversed. “How can Sanjay Dutt be given parole after such a short gap? The parole should be cancelled and there should be action against the officer who cleared it,” he said.

Mr. Munde said the authorities needed to check if Mr. Dutt’s wife was genuinely unwell. However, Maanyata Dutt’s doctor Ajay Chaughule from the Global Hospital told The Hindu that a tumour had been detected in her liver.

 

SHAME  TO  CORRUPT  JUDGES  OF  INDIA

 

 

 

Corruption in  Indian  Judiciary :

http://www.corruptioninindia.org/IndianJudiciary.php

 

Two former Judges accuse former CJI Balakrishnan of fixing and corruption

 

http://barandbench.com/content/two-former-judges-accuse-former-cji-balakrishnan-fixing-and-corruption#.Uq2wq9Rmxe4  ,

 

 

‘Corruption Is Rampant In The Lower Courts’

Former chief justice of India on corruption in judiciary

 

Yet another case of judicial corruption was exposed last month when the Andhra Pradesh High Court suspended additional special judge for CBI cases T. Pattabhi Rama Rao following allegations of corruption. Charged on the basis of a complaint filed by the CBI, the special judge had allegedly taken a bribe of Rs 5 crore to grant bail to former Karnataka minister Gali Janardhana Reddy in the illegal mining case. The vigilance wing of the high court found the allegation to hold merit. Former chief justice of India V.N. Khare told Chandrani Banerjeethat such incidents are now rampant. Excerpts:

Are bribes for bail endemic now?

There is no doubt about it. It is rampant. Corruption in the lower courts is no secret. Sometimes, in the high court as well, cases of corruption have surfaced, but in my experience while I was in the Supreme Court, I have not witnessed anything similar.

In the lower courts, it’s alleged that everything comes for a price. Rates are fixed for quick divorce, bail and other favourable verdicts.

Cases in the media glare, constantly scrutinised, are different. Otherwise it is very difficult for the common man. There are huge time gaps between hearings. Years are spent to get an order from the lower courts. So, it is difficult.

   
“Judges are only human, like us. They come from the same society. Our society is all about quick successes. Short cuts are taken. Even by the judges.”
   

Subordinate courts function under the supervision of high courts. Should the higher courts be accountable?

The respective high courts have so much of work that monitoring district courts is just part of the routine. High courts have inspecting judges who are responsible for monitoring district courts. They go with a lot of band baaja and have lunch while on inspection. Inspecting judges are presented with a rosy picture and then they file a report. Now, the greater problem is that they are overburdened with work. Cases are in addition to administrative work, besides other mandatory official work. As a result, the inspecting judges of the high courts have no time to follow up. We need dedicated staff to monitor the district courts.

What kind of monitoring is needed?

A team of three serving judges should be formed. These judges should dedicatedly monitor the district judges. Their judgements should be analysed and questioned. Their attendance and work should be scrutinised. Someone should question them about their performance. I feel doing that will put in some checks.

You mean to say work overload and pendency of cases have themselves become a factor in corruption?

Yes, to a large extent. The high court judges are overburdened and they have no time. They always inform the district court authorities before the visits. It causes a situation where the real problem never comes to the surface. A dedicated committee of judges will help, but we are short of people. To my knowledge, we have 13.2 judges for 10 lakh people. If required to, we use excess strength in a particular situation, but there is no permanent arrangement. We work on an ad-hoc basis and so there are problems.

Would a few suspensions control corruption in the lower courts?

They will certainly convey a message. When I was serving, I did take certain measures which sent the message across the country that any charge of corruption will be probed. Fast actions and decisions on charges levelled against judges always work as deterrent.

What is the role of the inspecting judges in controlling corruption?

They should conduct sudden checks, always unannounced, and also follow up on any complaint registered in the district courts. However, to actualise this, we have to have a sufficient number of good judges. The monitoring will then be effective and result-oriented.

What is the mechanism to keep the lower courts free from corruption?

A dedicated committee of judges that will only monitor lower courts. Punctuality, integrity and court orders—everything should be under the lens. Such accountability will ensure the right kind of order is delivered in every petition.

Is consumerism responsible for fostering corruption in lower courts?

Judges are only people, like us. They come from the same society. Society is all about taking short cuts. Society is about quick successes. So, short cuts are taken and the judges are no different.

 

Supreme Court wants corrupt judges thrown out



Read more at: http://indiatoday.intoday.in/story/corruption-in-judiciary–sc-wants-corrupt-judges-thrown-out/1/137730.html

 

In a strong message against corruption in the subordinate judiciary, the Supreme Court on Tuesday observed incorrigible judges who were bringing the entire judiciary to disrepute should be thrown out.

“A large section of subordinate judges is bringing disrepute to the entire judiciary. We have to hear of judges taking money and can do nothing but hang our heads in shame,” a bench comprising Justices Markandey Katju and Gyan Sudha Misra said.

“Incorrigible judges should be thrown out,” the bench said, while dealing with a contempt petition against an additional district judge (ADJ).

ADJ Archana Sinha, who repeatedly pleaded for mercy, had stayed the operation of a Supreme Court order on the eviction of a tenant from a prime property in Connaught Place.

“The ( ADJ’s) order is quashed as mala fide and void,” the bench said, while directing the Delhi High Court to seek an explanation from her.

The bench directed the chief justice of the HC to conduct an inquiry into the matter and take such action as he deemed fit.

With Sinha’s counsel Jayant Bhushan claiming her action was not mala fide, Justice Katju, who initially planned to suspend her with immediate effect, asked: “She sat over the head of the Supreme Court. You want us not to suspend her?” “She had no business to hear the matter. Instead she superseded and overruled us,” he said.

Bhushan, thereafter, tried to take the court through some documents to show her action was not totally unjustified, but the court was not inclined to consider such pleas.

“Once she came to know of the Supreme Court order, all this was irrelevant and she should not have touched the matter,” Justice Katju said.

“We have to hear of judges taking money. A message has to go. We will not tolerate this,” the bench said.

At one point, the bench mellowed down when Sinha pleaded for mercy with folded hands. “Hamare pas bhi dil hai (we also hearts too),” Justice Katju said.

With the bench deciding to let her off with a written apology, the counsel for the landlord, Dushyant Dave, opposed any leniency for the judge. “Let her give an explanation to the high court chief justice. I believe there is a history behind this. The judiciary gets a bad image because of judges like these,” Dave said.

Opposing leniency, he said: “If it was contempt by someone from the executive, he would have been sent to jail for this.” The bench, thereafter, took a tough stand and referred the matter to the HC chief justice after holding in clear terms that her action was tainted with mala fide intentions.

Read more at: http://indiatoday.intoday.in/story/corruption-in-judiciary–sc-wants-corrupt-judges-thrown-out/1/137730.html

 

 

 

India: Contemptible justice   

 

The spate of scams involving some members of the Indian higher judiciary in corruption, bribery, sex, nepotism and abuse of power has again drawn attention to the long overdue need for reform of the judicial system. The image of the judiciary and its credibility are perhaps at an all-time low. The problem of corruption comes on top of the problem of judicial inertia and the prohibitively expensive nature of the process of securing justice. This has effectively ensured that the judicial system cannot deliver justice to the ordinary citizen. All this suits the ruling establishment just fine, since those who have the power of force or money do not need the courts to get justice. It is the poor and the oppressed, the common people who need a properly working system for the administration of justice. This is also why those who have the power to reform the system have failed to do so despite knowing the problems and the solutions. It has become clear that judicial reforms will only come when the general public, who are the consumers of justice, put together a strong and powerful movement on this issue.

There are enough indications that corruption in the higher judiciary has reached unacceptable levels. For instance, in March this year, Justice Shamit Mukherjee of the Delhi High Court had to tender his resignation, following which he was arrested by the Central Bureau of Investigation under sections of the Anti-corruption Act, 1988 and sections of the Criminal Procedure Code for criminal conspiracy. Rampant corruption, which has steadily undermined the credibility of and popular faith in the judicial mechanism, was clearly to be expected in a situation where the higher judiciary enjoys enormous powers without accountability.

Power sans accountability inevitably breeds corruption and abuse. Consider the situation. Once appointed, a judge of a high court (the highest judicial mechanism in the states) or the Supreme Court, cannot be touched except by a complicated procedure of impeachment. As per the constitutional provisions, a judge of a high court or the Supreme Court can only be removed by impeachment after 100 members of the Lok Sabha (the lower house) or 50 members of the Rajya Sabha (the upper house) move the speaker, who may refer the charges to a committee of judges whose verdict is put up before both the houses of Parliament. The judge can only be removed if a two third-majority of members present and voting approve the verdict of the committee.

Today impeachment remains the only option since the judicial system has insulated itself from criminal investigation through a Supreme Court ruling. This happened in 1991 in a case arising from the discovery of huge quantities of money in the residence of Justice K Veeraswamy, then Chief Justice of the Madras High Court. When the Central Bureau of Investigation prosecuted for corruption, the Supreme Court ruled that no First Information Report can be registered against a judge, nor a criminal investigation be initated, without prior consent of the Chief Justice of the Supreme Court. This effectively excluded the higher judiciary from the ordinary laws of the land, since there is no possible circumstance under which an investigating agency can approach the Chief Justice for consent to investigate a judge without any concrete evidence against him. This is the reason why no judge has ever been subjected to a criminal investigation after the Veeraswami judgment. In the meanwhile, armed with this legal immunity judicial corruption has continued to flourish.

This immunity is doubly reinforced by the fact that the procedure for impeachment of judges is not only cumbersome, it is also eminently susceptible to political interference. The existing system of impeachment was found to be practically unworkable in the V Ramaswamy case, where the judge survived in office despite being found guilty on several serious charges of corruption by a statutory committee of three fellow judges. This was because members of the Congress, then in power during the prime ministership of PV Narasimha Rao, abstained from voting due to a whip issued by the party leadership when the impeachment motion was put to vote in Parliament in May 1993. In that particular case, however, it was at least possible to initiate the process, because the charges against the judge dealt with irregularities in purchases made in his official capacity. These purchases were audited by the Accountant General and it was in that process that the evidence of corruption came out. As a result, it was possible to frame charges for his impeachment and have the relevant procedural motions signed by 100 members of Parliament. In normal cases of judicial corruption however, it is difficult to produce evidence of the judge’s corruption in the absence of official investigation. Thus, it is not possible to even initiate the process of impeachment, let alone carry one through to the bitter end.

Judges’ sellout
Apart from enjoying immunity from removal and investigation, the higher judiciary further enjoys virtually unlimited powers of punishing people for contempt of court. Any person making any allegation of corruption against a sitting judge can be charged and punished for contempt, even if he is in a position to substantiate the charge. The contempt proceedings are so biased in favour of the judicial system that the very judge against whom the allegation of corruption has been made can prosecute the charge for contempt. The judge can even sit in judgment on his or her own cause, and can actually refuse to permit the alleged contemnor to lead evidence to prove the charge. This is such a vast and unchecked power that it can easily be and has been misused by the judiciary.

The excessive power that the judiciary wields in respect of contempt is in reality a way of shielding itself from legitimate criticism even when such criticism does not otherwise prejudice or obstruct the administration of justice. The existence of this arbitrary power is undoubtedly one of the main reasons why public exposure of judicial corruption has been few and far between and even routine criticism of the judiciary is muted.

Beyond the matter of public scrutiny, the Indian judiciary has been steadily increasing its other powers over the years, adding vast and arbitrary authority ostensibly for enforcing the fundamental rights of citizens. However, these powers are usually exercised in the interests of the ruling establishment. More and more instances are being witnessed where, by judicial fiat, the constitutional mandate is flouted and even the fundamental rights of liberty, equality and right to work are rendered nugatory when ordinary citizens are pitted against the state and powerful sections of society. This is how, for instance, in the interest of cleaning up Delhi’s air by reducing the levels of pollution, the Supreme Court ordered the closure and relocation of several small industries in the city, leading to the loss of livelihood for several thousand workers.

As it is, the state has a long record of enacting anti-democratic and draconian laws. Not only have the courts usually put their seal of approval on these laws, but they have sanctified action taken under them, such as the dismissal of employees en-masse from industrial jobs. The judiciary has also recently been playing a leading role in upholding the sellout of public enterprises by disinvestments carried out under the cover of globalisation. Lately, it has played a retrograde role in curbing the rights of workers to protest and go on strike, endorsing several antidemocratic measures to restrict their rights. Meanwhile, the proliferation of public interest litigations has encouraged unrestrained judicial activism. Though judicial activism through public interest litigations can be a healthy check on an executive which has failed and become corrupt, it can become a menace in the hands of a corrupt and unaccountable judiciary.

The problems with the higher judiciary, however, begin with the process of appointment itself. Quite apart from the fact that the method of selection of judges itself is defective, the entire process is kept under a cloak of secrecy. Thus, before an appointment is actually made, the general public does not have any idea about who are being considered for the post. Many persons whose integrity was known to be suspect and those who had been found guilty of professional misconduct during their legal career have come to be appointed to high office through this secretive system. The selection process has undergone some change over the years, but it has not reduced the spate of undesirable and positively harmful appointments. While earlier the selection was made by the government itself (after consultations with the Chief Justice), now, by a process of judicial interpretation, the power has been transferred to a collegium of three to five judges of the Supreme Court. This has managed to reduce the government’s monopoly over appointments, but the system has not change significantly. The patronage system has simply become more fraternal, since senior judges of the Supreme Court now wield the power of appointment of their junior colleagues. The proof is in the results, and there has not been a noticeable difference in the quality of appointments.

National commission
In an attempt to tackle the problem relating to appointments and accountability of judges, the Committee on Judicial Accountability (COJA), consisting of members of the legal profession, almost a decade ago forwarded a detailed proposal for a high-powered, full-time and independent National Judicial Commission (NJC). This commission would make appointments as also have disciplinary powers over judges of the higher judiciary. The commission would also be responsible for appointments to various commissions and quasi-judicial bodies. The NJC would comprise a nominee each of the Supreme Court, the chief justices of the high courts, the central cabinet, the opposition in Parliament, and the bar. It would also have an investigative machinery of its own to inquire into complaints against members of the judiciary. Members of the NJC would have the same status as that of Supreme Court judges and a guaranteed tenure of five years, after which they would be ineligible for any other similar post.

This proposal would have brought transparency into the system of appointment of judges. But even though nearly every political party included the proposal in its election manifesto, the National Judicial Commission is yet to become reality. The reasons are not far to seek. But now, after the spate of highly publicised judicial scandals, particularly the Shamit Mukherjee case, the government has come up with a proposal to constitute a somewhat truncated NJC. This commission is to be a part-time body of three senior sitting judges of the Supreme Court, the law minister and a nominee of the prime minister. This NJC will not have the power of removal of judges and the present impracticable system of impeachment will continue. The government’s proposal will merely institutionalise the system of sharing the spoils of appointment between the government and the senior members of the judiciary.

Since under the circumstances the judiciary cannot be expected to reform itself, and since the main political parties have reneged on their electoral commitment as expressed in their manifestos, only a strong public campaign can provide the impetus to put in place an independent and responsible body for the appointment and removal of judges. Popular pressure is the only force that can get the 1991 Veerasamy judgment overruled, whether legislatively or judicially, to ensure that judges can be investigated like any other class of citizens. Civic mobilisation is necessary to force change in the contempt law so as to ensure that citizens cannot be prosecuted for making allegations against judges, unless they have done so recklessly or in bad faith. The law must be changed so that judges cannot sit in judgement of their own contempt cases. If the judicial mechanism has to be rescued from its own infirmities, citizens and civil society in India must put together a strong movement to force accountability in the judiciary.

 

 

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. 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 , past cases of sexual assaults on women by judges (hushed up ?) , 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.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

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.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

 

Shinde protected businessman close to Dawood, alleges former home secretary RK Singh

 

–          Legal Manipulation / Match Fixing by Union Home Minister

 

Former Union home secretary R.K. Singh on Monday alleged that Union Home Minister Sushilkumar Shinde had shielded a top businessman close to Dawood Ibrahim.

He claimed Delhi Police was stopped by Shinde from questioning a Mumbai-based businessman, who is said to have “some kind of links” with Dawood Ibrahim, in connection with the betting in Indian Premier League, a T-20 cricketing tournament.

Singh, now a BJP member, also said that there was no assurance given by the US on Dawood Ibrahim. He said that a meeting of the US and Home Ministry officials took place but there was no assurance by the US.

Earlier, Shinde had said that joint efforts with the US were being made to nab India’s most wanted terrorist Dawood Ibrahim.

“As per our information, Dawood is in Pakistan. When I went to America last year to discuss inland security, I met the Attorney General who looks after the FBI. I talked to him and we decided that we will pass whatever information we have on Dawood amongst each other. We decided we will make joint efforts,” Shinde said when asked about the whereabouts of Dawood who is wanted in a number of cases by Indian agencies including the 1993 Mumbai blasts.

Singh also alleged that Shinde had regularly interfered in Delhi Police’s functioning.

In his interview to TV channels, Singh used the shoulder of former Delhi Police Commissioner Neeraj Kumar to fire at Shinde claiming that “slips used to reach Delhi Police chief quite often asking about posting some people as Station House Officers”.

“These were not a few postings but in large number of police stations,” he told the channels.

“I don’t know whether money used to exchange hands but Delhi Police Commissioner told me that numerous slips used to come from his residence… you don’t make large number of recommendations… the postings as SHO’s has a vigilance angle to it,” he said.

Singh had earlier claimed there were quarrels between him and Shinde.

When Shinde was asked to respond to reported remarks by Singh in an interview, he said, “One needs to run administration very well and if anybody fails to do his duty, I am bound to take action against him in the capacity as Home Minister.”

Singh, during his media interview, had claimed that he had many quarrels with Shinde over various issues and also alleged that Congress-led UPA government was “clueless” about governance and that its ministers were steeped in corruption.

In what was seen as a snub to Singh, Anil Goswami was also named as his successor weeks before the end of the incumbent’s superannuation.

Singh was also criticised for not making any attempt to inform the family of Afzal Guru, the death row convict in Parliament attack case, who was hanged on February nine last year.

Read more at: http://indiatoday.intoday.in/story/shinde-protected-businessman-close-to-dawood-alleges-former-home-secretary-rk-singh/1/336015.html

 

 

 

 

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://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper/   , http://sites.google.com/site/sosevoiceforjustice/  ,  http://evoiceofhumanrightswatch.wordpress.com/ ,  http://naghrw.tripod.com/evoice/   ,  

http://e-voiceofhumanrightswatch.blogspot.com/   ,  http://paper.li/f-1368369249/

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 

 

 

Land Grabbers in M U D A

S.O.S   e – Voice For Justice – e-news weekly
Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.09..Issue.03….….18/01/2014

 

 

 

 

JUDGES  COVER-UP  LAND  SCAMS

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams

 

MUDA LAND IS EASY GRAB !

RTI exposes 4-storey apartment built on MUDA’s encroached land

 

Caption: RTI activist B.N. Nagendra

Mysore, Jan. 8- With the land value in city shooting to the skies, the land mafia continues to encroach upon vacant government lands through dubious means. Despite the land-grabbers encroaching upon the government lands and building multi-storey buildings upon them, the Mysore Urban Development Authority (MUDA) and Mysore City Corporation (MCC) authorities are sitting tongue-tied and hands tied, which has further emboldened the land grabbers who are hand in glove with some unscrupulous officials to create fake records.

It has come to light of late that fake documents were created for two MUDA sites in Chikkaharadanahalli (Aravindanagar) First Stage at Chamaraja Mohalla, on which a four-storey building with 12 apartments have been constructed and all of them are occupied now.

The alleged fraud came to light after an RTI activist B.N. Nagendra, resident of Yadavagiri in city, sought information about the building from the MUDA.

The two sites measuring 50×80 ft in Aravindanagar are close to Kuvempunagar. MUDA had formed the layout during 1988-89. At that time, Sites No. 700 and 701 in Chikkaharadanahalli First Stage were not allotted to anyone.

In reply to the Nagendra’s query under the RTI provisions, the MUDA Public Information Officer replied that MUDA had no records or documents to say that the said two sites were not allotted to anyone.

The sites were formed during 1988-89 and the building on it is eight years old. So, does it mean that the MUDA authorities were blind to the encroachment all these years? Or, is it that they are not aware that the sites belong to the MUDA? Or, does it imply that they are involved with the land-grabber?

The MUDA does not have records of allotment, possession certificate, sale deed, Khata-revenue letter or receipts for cash transactions made. However, the City Improvement Trust Board (CITB) ledger shows the names of Chikkathayamma, resident of No. 818, New Kantharaj Urs Road, Mysore, along with Mahadevamma, Lakshmi and N. Shivakumar, residents of No. 555 of the same address, written by hand. The ledger shows that the two sites were purchased for a mere sum of Rs. 39,366 on April 4, 1988; the Khata and revenue have been fixed based on this document alone. The building was constructed by getting the building plan approved in the names of Mahadevamma and Chikkathayamma. The four-storied building is named as Shashank Paradise.

The site and building was inspected this morning by MUDA Superintending Engineer Shivakumar, Zonal Officer of Zone-1 Bhaskar and other MUDA officials. The 12 families residing in the flats are now an anxious lot after realising that they have been cheated and they do not possess relevant documents for the flats they purchased.

Some of the residents of the building whom SOM spoke to said that they had purchased the apartments based on sale agreements and paid Rs. 25 to Rs. 35 lakhs in advance. They confessed that the low prices lured them to buy the apartments as the actual price in that area was much higher. Each apartment has a master-bedroom, another smaller room, a living room, puja room, kitchen and a toilet.

Meanwhile, MUDA Commissioner S. Palaiah told SOM that he will investigate the matter and take suitable action.

 

 

Muda Land Encroachment: Criminal Case Booked against Housing Society President

 

Mysore, Sept. 20- In view of the allegation of encroaching 27 guntas of MUDA land close to Vijayanagar 2nd Stage, the Vijayanagar Police have booked a case against the President of Sri Mahadeshwara House Construction Co-operative Society, R. Shankare Gowda.

A written complaint filed by MUDA Zone 4 Zonal Officer R. Rajashekhar yesterday, following which a case was registered by Sub-Inspector Kumar.

The land is a portion of the land under survey number 120 in Hinkal, measuring 3.25 acres. Out of this, 1.16 acres of land was acquired on June 20, 1974 under LAC 10. Remaining 2.09 acres was acquired by MUDA from one Puttathayamma through mutual agreement on Oct. 31, 1985.

A 1.14 acre land was given to the Karnataka Water Board where a road and park have been developed. The remaining area lies vacant, of which Shankare Gowda allegedly created fake documents to stake claim on 23 guntas of land in the name of the Housing Society.

RTI activist B.N. Nagendra had sought information about the said land under the Right to Information (RTI) Act which brought to light the alleged irregularity.

Response to MLA Vasu’s letter: Chamarajanagar MLA Vasu had written a letter to Urban Development Minister Vinay Kumar Sorake, urging him to probe the irregularities in sites allotment, suspecting the involvement of some MUDA officials.

The Minister directed the Urban Development Department Secretary to probe the matter, who in turn asked the MUDA Commissioner to submit a report regarding the allegations. A directive was issued to the DC too to probe the matter, following which a complaint was lodged against the Housing Society President.

 

Bid to usurp MUDA corner site using fake documents

 

With the real estate prices in city skyrocketing, efforts to usurp sites and government land by hook or by crook are on too, despite several precautionary measures taken up by the MUDA.

Here is an incident of a person trying to acquire a corner site in Jayalakshmipuram, measuring 110×120 ft, by not paying a single paisa to MUDA but by merely paying Rs. 27,540 in an auction. The matter came to light when a citizen named B.N. Nagendra applied for information under the Right To Information (RTI) Act. It is said that he took interest in digging out information about the site after an acquaintance of his disclosed about the fraudulent deal.

Thanks to the efforts of MUDA Secretary Basavaraju who made meticulous investigations of the documents, the MUDA property worth several crores was saved from being usurped.

The site is in Jayalakshmipuram, which was formed about 40 years ago. It is a corner site off the road leading to The Green Hotel on Hunsur road. The site bears the number 23/A, having site number 23 towards the east, another site on the north and roads on the western and southern sides.

The fraud was committed by Raju, 60, a resident of Paduvarahalli 2nd Main, Door No. 54. He is said to have forged the signature of MUDA Zone 4 Special Tahasildar Devaraj and also used a duplicate rubber stamp for the fake documents.

The truth is that no auction was held for site no. 23/A. However, the accused Raju is said to have created fake documents that claimed that he had purchased the site in an auction for Rs. 27,540 on Jan. 3, 1979. A title-deed for the site was prepared at Zone 4 office under Form-2 (5) in Kannada dated Jan.2, 2013.

The site, for which fake documents were prepared in January, was registered three months later — that is on Mar. 22, 2013, at 4.30 pm, at the Sub-Registrar’s office in MUDA. It is said that the letter written by Special Tahasildar Devaraj to the Sub-Registrar to get the site registered was also forged.

Soon after the fraudulent deal came to the fore, MUDA Secretary Basavaraju placed a signboard at the site four days ago, stating that the land belonged to the MUDA. A complaint was lodged at the Lakshmipuram Police Station yesterday.

It is surprising that the title-deed for the site was prepared despite any auction conducted by the MUDA, no application submitted, no notes written by the officials concerned and no entry made about cash payment. The Police have launched a hunt for the accused who is at large.

 

MUDA employees booked for forgery, cheating

 

Mysore Urban Development Authorities (MUDA) have filed a police complaint against one P Nagaraj son of Puttaswamygowda and two employees of MUDA staff who supported the accused in creating fake documents at Lakshmipuram police station.

MUDA commissioner C G Betsurmath said a site in Gokulam III stage was allotted to one M K Ranganayaki in 1973 through auction and she had obtained title deed in 2002. But in the meantime, the accused Nagaraj has created fake documents about the site and made the authorities believe that he had purchased the said land in 1979 in an auction. Later he has taken title deed for it and then sold it to another party.

But the crime has come to light after the actual owner approached the authorities only recently. When the documents were verified, MUDA authorities found that site number has been forged from 37 to 73.

The commissioner said the title deed of the said site obtained by Nagaraj has been cancelled and we are investigating on this score.

Krishnaraja subdivision ACP A N Prakashgowd said MUDA has given against three persons and we are investigating it.

 

Fraudster sells government land, dupes MUDA

 

The Mysore City Corporation almost lost a huge site because of the negligence of the Mysore Urban Development Authority (MUDA) before the fraud was discovered in the nick of time.

The accused Krishna had forged documents of 1.13 acres in Survey No 505 in Kesare village and sold it to one Parveez who started constructing a building when it was stopped by MCC officials. The accused had even got an NoC to sell the land from MUDA, which did not bother to find out the real owner.

Krishna is said to be a relative of the man to whom the land originally belonged before it was acquired by the erstwhile City Improvement Trust Board (CITB) for civic purposes about 58 years ago.

Finding the land vacant for many decades, the accused created fake documents and tried to sell it.

Sources in the MCC said that after obtaining information through RTI about the land, Krishna, along with his relative Chennaiah, obtained an NoC from MUDA and got the Khata made for the land from the taluk office by producing fake documents.

The property was registered in Krishna’s name in 2009.

Krishna then sold the illegal property to Parveez in 2011-12. After realising that he had been cheated, Parveez filed a suit in court, getting a permanent injunction restraining the defendant from interfering with his peaceful possession of the property.

Revenue Assistant Commissioner R Lokanath said that when he inspected the place, he found that Parveez had occupied the land and even fenced the property that belonged to the Corporation. Upon questioning, he produced the clearances obtained from MUDA, Taluk office and even the court.

After being alerted, MCC officials registered a land grab-cum-cheating complaint against Krishna and Parveez. They have even approached court and the case is pending.

 

 

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 answer my questions in full , they only gave half truths. When I persisted 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 a person  supposed to be close to  the 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 & Meek before Land Mafia. Don’t the same Judges & Police have Guts , Bravery , Duty Consciousness & Integrity to take action against such  rich land grabbers ?  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 throughout  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 below.

 

Date : 17.11.2012                                                         Your’s  Sincerely,

Place : Mysore                                                              Nagaraja.M.R.

 

 

 

 Sign  to  Save  Hebbal  Lake  &   BEML  Quarters  Lake  in  Mysore

http://www.change.org/petitions/honourable-supreme-court-of-india-save-hebbal-lake-save-beml-quarters-lake-in-mysore# 

 

 

CROSS  EXAM  OF  MYSORE  DISTRICT  DEPUTY COMMISSIONER  &  Others

 

RTI QUESTIONS  COMMISSIONER OF MUDA ( MYSORE URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC ( MYSORE  CITY CORPORATION ) ARE AFRAID TO ANSWER

 

 1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city’s comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of MUDA’s / MCC’s / GOVERNMENT’s lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA’s / MCC’s resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those
violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn’t have a parking space of it’s own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it’s auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out
advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer’s money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under
& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?


39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB’s
comprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA’s / MCC’s CDP & KIADB’s industrial area development plan ? violations how many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar’s report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA’s CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it’s objections , in it’s newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO’s , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

 

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary

An appeal ( PIL ) to the honourable supreme court of India

 

The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted ” town municipal / city corporation laws & building laws” , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it’s occupants , to ensure the safety of pedestrians & road users.

 

Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.

 

There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted  CA sites to commercial purposes , authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting  clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers.

 

 

The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals.  The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals.  Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also.  Hereby , e-voice  urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.

 

Instead  of  answering  our  RTI  questions , the  officials  are  giving  half  truths , vague answers  to our questions , some of the serious questions they are not answering at all.  Even  Mr. P. Manivannan past deputy commissioner of Mysore District & Chairman of MUDA , failed to uphold justice . He threatened me for asking truth , but he didn’t answer the  RTI questions. Through media management he has cultivated a clean  public image of demolishing man of illegal structures , whereas during his time only some illegal structures were raised.

 

Due to Criminal nexus of  Some MUDA officials – Politicians – Police , these  illegal land grabbings are happening , the honest  among MUDA , POLICE  & Politicians must raise to the occasion . They must  save government land , first of all ask MUDA  Chairman / commissioner  to answer the above RTI  Questionnaire publicly.

 

 

Hereby , e-voice urges the  concerned authorities  , to answer the following questionnaire about BMIC project by NICE

 

http://www.vijaykarnatakaepaper.com/svww_zoomart.php?Artname=20100214a_009101001&ileft=50&itop=56&zoomRatio=130&AN=20100214a_009101001 

 

Hereby ,e-voice  appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands &  to annul this ordinance of government of Karnataka which seeks to legalize land crimes. Jai hind . vande mataram.

 

 

Your’s sincerely,

Nagaraja.M.R.

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017INDIA… cell :09341820313 

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http://e-voiceofhumanrightswatch.blogspot.com/   ,  http://paper.li/f-1368369249/

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

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Cross Exam of Chief Justice of India

S.O.S – e-Voice For Justice – e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraj.M.R.. Special Issue …27/06/2010

home page : : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ ,http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,

Editorial : Cross Examination of Chief Justice of India , SUPREME COURT OF INDIA – CJI in witness box
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 .

Hereby , we DEMAND the Honourable Chief Justice of India to answer the following questions in public interest , for national security , for National unity & integrity.

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?
These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more. Jai Hind. Vande Mataram.

Your’s sincerely,
Nagaraj.M.R.

SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT 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.

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.
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.
you are hereby called upon to SHOW-CAUSE within 30 days , why you
cann’t be legally prosecuted for the above mentioned crimes .

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.

Date : 14.05.2010 your’s sincerely,
Place : Mysore nagaraj.m.r.

……………………..DECLARATION………………………

name : ………………………NAGARAJ.M.R.

Address : ……………….LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA

professional / Trade Title : e-Voice For Justice

periodicity : WEEKLY

circulation : FOR FREE DISTRIBUTION ON WEB

donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .

monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.

owner/editor/printer/publisher : NAGARAJ.M.R.

nationality : INDIAN

home page : http://hrwpaper.blogspot.com/ ,
http://indiapolicelaw.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw ,
http://e-voiceofhumanrightswatch.blogspot.com/ ,
http://groups.google.co.in/group/hrwepaper/ ,

contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

cell : 0 9341820313

I ,NAGARAJ.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 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 , Judges , public servants & Constitutional fuctionaries.

date : 19/06/2010…………………………..your’s sincerely,

place : India…………………………………Nagaraj.M.R.

POLICE NOT REGISTERING COMPLAINT AGAINST CHIEF JUSTICE OF INDIA & OTHERS

From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE – 570017.

Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.

To,

Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.

Honourable Sir,

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

In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every Indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats – unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it’s tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people’s last hope , democracy is dead. Nowadays we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon’ble supreme court of India but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of Indians & public of importing nations who are importing the same dangerous products from india .
2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants leaking india’s defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering
our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence.
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.
Hereby , i do request you to legally prosecute the below mentioned public servants viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the governmentof india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.

Date : 04.07.09 your’s sincerely,
Place : Mysore nagaraj.m.r.

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATERWORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017 INDIA … 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/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

Cross Exam Of Indian Judges

Cross Exam of Indian Judges

S.O.S – eVoice For Justice – e-news weekly

Spreading the light of humanity & freedom

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

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

APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI

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

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

EDITOR , E-VOICE JUSTICE ,

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

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

Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?

Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?

Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?

Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?

Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?

Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?

Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?

Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?

Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?

Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?

Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?

Q17.has GOI funded any terrorist outfits in india or abroad ?

Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?

Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?

Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?

Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?

Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?

Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?

Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing

Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?

Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?

Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?

Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?

Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?

Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?

Q31. Why no action , reply regarding the complaint till date ?

Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?

Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?

Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?

Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?

Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?

Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?

Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?

Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?

Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?

Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?

Q42. Does smt. Sonia Gandhi have citizenship of any other country ?

Q43. Did she occupy any public office while enjoying dual citizenship ?

Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?

Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?

Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?

Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?

Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?

Q49. What action by the government ?

Q50. How many Indians are in the custody of police / military in various foreign countries ?

Q51. How many foreigners are there in Indian prisons ?

Q52. How GOI is protecting the human rights of these prisoners ?

Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?

Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?

Q55. How many cases has been filed since 1987 till date ?

Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rd degree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?

Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?

Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?

Q59. What is the amount of coverage to a police constable & his family ?

Q60. Who makes the premium contributions ?

Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?

Q62. Is the government giving any training to police personnel in public interaction , human rights ?

Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?

Q64. What is the ratio of police personnel to total population in india since 1987 ?

Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?

Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?

Q67. Is it not right to put it under impartial control of NHRC or like bodies ?

Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.

Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?

Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?

Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date

Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

Q73. what action has been taken against guilty judges ?

Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?

Q76. are judges above law ? are not everybody equal before law ?

Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

Q78. how ? if not why ?

Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?

Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

Q81. how does the judiciary verifies those statements ?

Q82. is such statements made public , on web ?

Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?

Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.

Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.

Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

Q92. how judiciary is monitoring food & medical care to prisoners ?

Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

Q98. what is the criteria adopted for promotion of judges ?

Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?

Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?

Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

Q103. are not these measures a failure , looking at present state of affairs of judiciary ?

Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?

Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

Q110. why numerous appeals for PIL by me , were not considered ?

Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?

Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?

Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?

Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages

http://groups.yahoo.com/group/naghrw/message/182 ,

http://groups.yahoo.com/group/naghrw/message/206 ,

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.

Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?

Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.

Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?

Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?

Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?

Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?

Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?

Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?

Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?

Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?

Q135. what about the status of cases against shri.netaji subash Chandra bose ?

Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?

Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?

Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?

Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?

Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?

Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?

Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?

Q166. does it not show that judges are more equal than others ?

Q167. who are involved in PF scam ? what action against guilty judges ?

Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.

Q169. Almost a year ago ,  in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours  scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges  facing enquiry ?

Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?

Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol  , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards  , committed / said  when they are drunk are not taken seriously. However  most of the police officers after evening hours are drunk , in that state only they apprehend many  suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges  work properly  to do their respective duties in identifying criminals , apprehending them  &  to issue judicial orders. Are these actions of  police & judges in drunken state legal  ?

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1988-2008 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI.

PUBLIC INFORMATION OFFICER , O/O H.E.HONOURABLE PRESIDENT OF INDIA , GOI  , NEW DELHI.

 

DATE : 05/09/2009 ………………………NAGARAJ.M.R.

LACE : MYSORE  ……………………….( APPLICANT)

 

RTI APPEAL Via Web NEGLECTED TILL DATE by Honorable Supreme Court Of India

TO,

SHRI.M.P.BHADRAN ,

Honourable Registrar ( ADMN ) / Apellate Authority,

Supreme court of India,

New Delhi.

Subject : RTI APPLICATION NO : Dy.no.541/RTI/08-09/SCI dated 18.12.08 appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07

On-line grievance no: DPG/M/2009/80057

Kindly go through the following articles & provide justice by giving complete
truthful information to us. Till date , you have not replied to my appeal sent
through e-mail , why ?

answer the following questions , why public servants are afraid to answer it ?
what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogspot.com/

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen’s fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007 & Dy.No.541/RTI/08-09/SCI DATED 18.12.2008 . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & euitable justice. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

RTI APPEAL Via Web NEGLECTED TILL DATE by H.E.Honorable President Of India

TO,

Smt. Rasika Chaube ,

Internal Financial Advisor & Appellate Authority ,

President’s Secretariat ,

Rashtrapati Bhavan ,

New Delhi.

Subject : RTI APPLICATION NO : 1119/RTI/12/08-09

On-line grievance no: DPG/M/2009/80058

Kindly go through the following articles & provide justice by giving complete truthful information to us. Till date , you have not replied to my appeal sent through e-mail , why ? answer the following questions , why public servants are afraid to answer it ? what they are hiding ?

http://sosappealbydalit.rediffblogs.com/ ,

http://sosappealbydalit.wordpress.com/ ,

http://sosappealbydalit.blogpot.com/

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN’S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen’s fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , we seek complete truthful information from H.E. Honorable President of India , with respect to my RTI application appeal . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017 INDIA … cell :09341820313
home page :
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/  ,  http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact :
naghrw@yahoo.com , nagarajhrw@hotmail.com

 

 

Police NOT Registering Complaint

S.O.S – eVoice For Justice – e-news weekly

Spreading the light of humanity & freedom

POLICE  NOT  REGISTERING  FOLLOWING  COMPLAINT


From,

NAGARAJ.M.R.

LIG-2 / 761, HUDCO FIRST STAGE,

LAXMIKANTANGAR, HEBBAL,

MYSORE – 570017.

Through,

Honourable DG & IG of Police ,

State Police H.Q ,

Bangalore.

To,

Honourable Circle Inspector of Police,

Vijayanagar Police Station,

Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants

In India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats – unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it’s tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people’s last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon’ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india’s defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF

INDIA –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –

http://crosscji.blogspot.com/ ,

http://crossexamofchiefjustice.blogspot.com/ ,

http://crimesofsupremecourt.wordpress.com/ ,

http://crosscji.wordpress.com/ ,

http://crossexamofchiefjustice.wordpress.com/ ,

CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA

http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/

, http://theftinrbi.wordpress.com/

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,

CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/ ,

http://crimesatrpg.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/218

MEGA FRAUD BY GOVERNMENT OF INDIA

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

are you ready to catch tax thieves ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

MOBILE PHONES , CURRENCY SCANDALS

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

reliance industry where is accountability ?

http://megafraudbygoi.blogspot.com/ ,

http://megafraudbygoi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/196

crimes at infosys campus

http://crimeatinfy.blogspot.com/ ,

http://crimeatinfy.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/214

crimes by B.D.A against a poor woman

http://crimesofbda.blogpot.com/ ,

http://bdacrimes.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

crimes of land mafia in India

http://landscamsinindia.blogspot.com/ ,

http://landscam.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/212

currency thefts in RBI Press

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/80

killer colas & killer medicines of India

http://deathcola.blogpot.com/ ,

http://deathcola.wordpress.com/ ,

http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.

if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal nexus ,
then that compensation money must be donated to Indian Army Welfare
Fund. afterwards , the money must be recovered by GOI as land arrears
from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. thanking
you.
Jai Hind , Vande Mataram.

Date : 04.07.09………………… your’s sincerely,

Place : Mysore…………………. nagaraj.m.r.

 

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE – 570017 INDIA … cell :09341820313
home page :
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/  ,  http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact :
naghrw@yahoo.com , nagarajhrw@hotmail.com

 

 

 

CRIME COVER-UPs by labour officials of GOK

 

e –Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.3…issue.37……24/11/2007

INDEX :

  1. Raid  by  Karnataka lokayukta on police officials
  2. AN APPEAL TO HONOURABLE KARNATAKA LOKAYUKTA , CENTAL VIGILANCE COMMISSIONER & DIRECTOR CENTRAL BUREAU OF INVESTIGATION

3.   CORPORATE CRIMES & CORRUPT PUBLIC SERVANTS – Root cause of naxalism , terrorism in India

  1. WAKE – UP HONOURABLE PRIME MINISTER OF INDIA-RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS

5.   RPG CABLES LTD & SUDARSHAN TELECOM MYSORE
-Are they adhering to environmental norms ?

6.   wake-up labour commissioner & chief inspector of factories,government of karnataka.
– illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE

  1.  RPG CABLES LIMITED MYSORE FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES.
  2.  AN APPEAL TO H.E.HONOURABLE GOVERNOR OF KARNATAKA , BANGALORE

9.   Crimes at INFOSYS campus ? wake-up government of Karnataka –  an open letter to mr.Narayan murthy

10.                     AN APPEAL TO HONOURABLE LABOUR COMMISSIONER OF KARNATAKA & CHIEF INSPECTOR OF FACTORIES FOR KARNATAKA

       11. AN APPEAL TO HONOURABLE UNION PRIME MINISTER , GOI

Editorial : Raid  by  Karnataka lokayukta on police officials

–        seizure of crores worth illegal wealth

 

KINDLY REVIEW ALL THE PREVIOUS OFFICIAL ACTIONS OF THESE CORRUPT OFFICIALS AS THERE ARE EVERY POSSIBILITY OF INNOCENTS SUFFERRING INJUSTICES & RICH CRIMINALS GOING SCOT FREE.

 

in our neighbourhood , in our society private sector employees earning rs.10000 monthly income are finding it hard to meet ends , whereas many of the government officials earning lesser salary than that are leading luxurious lifestyles , how ?

 

 

recently in the last week Karnataka lokayukta raided , seized illegal wealth of corrupt police , transport officials. The corruption is wide spread in public service including Karnataka lokayukta , central vigilance commission & CBI itselves. In 2006, when Karnataka lokayukta arrested 5 corrupt police officials & taking them in police jeep , 2 corrupt police officials escaped like petty criminals in cinematic manner.

 

There are vast number of corrupt public servants who are continuing their crimes unabetted due to their sharing arrangements with their higher ups. Only a minute number of corrupt are being booked, by the efforts of honest few in Karnataka lokayukta , CVC & CBI . The paradox is that the government instead of legally prosecuting those criminals – corrupt officials , is sitting over their files for years & have reinstated , promoted tainted officials.

 

Why do rich people / criminals pay bribe to police ? definitely not for charity , but not to mention their names in the FIR , to let them continue their crimes unabetted , to suppress evidences / witnesses , not to make their arrests , to conduct improper investigations , to close a case with B report , not to produce evidences / witnesses before the court , to fix-up poor innocents , to force the poor innocents to do the bidding of rich criminals , etc .

 

As a result of these sell out of police duties , rich criminals are going scot free , poor innocents are suffering in jail & corrupt police are amassing illegal wealth.

 

In the same way corrupt health department officials / doctors are selling out post mortem reports , medical certificates for a price , giving out certificates of legal compliance to adulterated food / medicine manufacturers , thereby killing thousands of people in their selfish greed to make more money.

 

The labour / pollution control board officials are selling out certicates , to criminal industrialists who are indulging in unfair labour practices , occupational hazards , thereby killing poor people , in their greed to make a fortune.

 

The tax officials are making lesser / favourable tax assessments favouring  industrialists /traders for a price, aiding them to evade tax. As a result the public exchequer is loosing money , for it’s social welfare , defence , other programmes. The ill-gotten wealth of industrialists / traders ie BLACK MONEY is disturbing our national economy & finding it’s way to underworld , mafia & terrorist outfits.

 

The corrupt police , tax officials , public servants are worse parasites than britishers . the threat & damge to india’s security , integrity is more from these criminals – corrupt public servants than from USA , CHINA or PAKISTAN.

 

God save my country .  JAI HIND. VANDE MATARAM.

 

YOUR’S SINCERELY,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE KARNATAKA LOKAYUKTA , CENTAL VIGILANCE COMMISSIONER & DIRECTOR CENTRAL BUREAU OF INVESTIGATION

 

Hereby , we do call upon Karnataka lokayukta , central vigilance commission & CBI

 

  1. To stop accepting all government officials  reports , reports as sacrosanct documents , most truthful evidences.
  2. to publish wealth details of it’s own staff & all public servants department wise annually with provision for cross verification by public.
  3. to make it mandatory for all public servants including judges , constitutional functionaries to submit annual wealth statements on affidavit & to make it public with provision for cross verification by public.
  4. to initiate legal action for those giving false statements on affidavit.
  5. the corrupt public servants who intentionally give false information or hide information under one pretext or the other while information is sought under RTI Act , all with a view to hide crimes must be legally prosecuted as criminals as in normal legal recourse persons who help criminals in destroying evidences , crimes are prosecuted.
  6. the corrupt officials don’t leave evidences in open. Their higher ups who have taken kick backs from their corrupt subordinate always give a favourable report about him. So, during legal prosecution those reports must not be relied upon. In fact , there is a gross mismatch between government reports & ground reality. Take for example , in mysore construction is going on in INFOSYS campus on huge scale . most of the construction workers are not even covered by statuotary requirement  of ESI , PF. The occupational hazards are more , accidents are common place , recently even deaths of workers  have occurred due to occupational hazards . in the media also it was reported , in the media report it was even mentioned that vijayanagar police have registered a case & investigating. However  when the information about it was sought from labour commissioner of Karnataka as per RTI Act , assistant labour commissioner of mysore has stated that no occupational deaths have taken place in either 2006 or 2007. SEE THE GROUND REALITY IS DIFFERENT WHEREAS THE GOVERNMENT RECORD , LABOUR DEPARTMENT RECORDS SING A DIFFERENT TUNE. THE FAILURE IN OUR DEMOCRACY IS THAT THESE FAKE  RECORDS , STATEMENTS OF GOVERNMENT OFFICIALS  ARE TAKEN AS ULTIMATE TRUTH BY  COURTS OF LAW & PROSECUTING AUTHORITIES. I can give more actual examples like this.
  7. so , involve public in the inspection teams , raiding parties of tax department , labour department , excise department , drugs control , weights & measures , etc. these public can put a check to the corrupt practices , fake records of these corrupt government officials.
  8. kindly do remember that in 2006-07 , a  corrupt judge was exposed by media efforts. The said corrupt judge in his urgency to collect bribe has not even looked at the INTENDED PERSONS TO BE ARRESTED & blindly signed the copies of arrest warrant . the arrest warrant was against H.E . PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA & HONOURABLE PRIME MINISTER OF INDIA. As in the normal working of government machinery if it was pursued , president of India , chief justice of India & prime minister of India should have been arrested. Technically speaking it was right. However common sense prevailed & the higher judiciary took appropriate action as the issue concerned VVIPs. Normally our courts of law , authorities work without common sense like horses of horse cart whose eyes are partially covered allowing only narrow vision , just by relying on government reports , records of corrupt public servants. The courts , authorities just functions by technicalities. This must stop for the sake  of justice , fairness.
  9. when a public makes complaint to Karnataka lokayukta , CVC or CBI about corrupt practices of a public servant , they must stop relying on the legal opinion of it’s own advocates  as they just rely on government records. Take for example the wrong legal opinion of legal expert of Karnataka lokayukta. The lokayukta has legal jurisdiction to inquire into all Karnataka state government institutions & organizations funded , supported by government of  Karnataka. There are other examples where In Karnataka lokayukta has taken action against employees of Karnataka government aided institutions . The PES COLLEGE OF ENGINEERING  mandya is funded & aided by government of Karnataka , but when we made a complaint regarding corruption in that institution , the legal expert of Karnataka lokayukta gave his expert opinion that the said institution is out of lokayukta’s legal jurisdiction , so no action is called for . based on this opinion Karnataka lokayukta rejected my complaint. Some of these legal experts are indirectly covering up criminals , stop relying on their expert opinions.
  10. when a complaint is given to Karnataka lokayukta , CVC or CBI  they in turn ask the complainant himself for supporting evidences , records. The government has given them vast police force to enforce law , to inquire & to collect evidences. How can a commoner can collect evidences , the criminal don’t leave evidences in open , all the commoner can do is make complaint regarding the injustices he has suffered. The complaints must be accepted & inquired into  with or without evidences , lack of evidences should not be the sole reason for dismissal of complaint as presently Karnataka lokayukta , CVC & CBI are  doing .
  11. review all the past official decisions of corrupt officials apprehended by Karnataka lokayukta , CVC & CBI. As there are possibilities of innocents suffering injustices  & rich criminals going scot free.

 

CORPORATE CRIMES & CORRUPT PUBLIC SERVANTS – Root cause of naxalism , terrorism in India

 

The corrupt public servants together with corporate criminals are looting the state exchequer , looting the resources which rightfully belongs to all the people , public. Thereby, making those public utterly poor. This has created a wide chasm between few utterly rich people & crores of utterly poor. This has generated lot of socio-economic problems in India. The ill-gotten money , black money thus generated is funding the organized crime. As a result , Some of these poor people are finding the solution to their poverty in the wrong way of naxalism , terrorism , religious fundamentalism , caste movements , etc. It is futile.

 

The government is trying to tackle the problem of naxalism , terrorism by violence , instant justice like fake encounters , 3rd degree tortures , lock-up deaths , etc. why not government meating out instant justice to corporate criminals & corrupt public servants ?

 

Both government & public must respect law & democratic norms . The government must aim at the root cause of these problems , like providing realistic displacement packages to project displaced persons , ensuring proper supply of ration through PDS in ration shops , ensuring proper implementation of food for work programmes , ensuring proper free medical care & free supply of medicines to poor in government hospitals , to strictly eradicate corruption in public service & to strictly enforce corporate accountability in India. However , the government is not sincere in it’s objectives or intentions.

 

Our publication HRW has appealed to the authorities numerous times seeking justice about following corporate crimes , still there is no word called justice , why this delay by authorities. I am reproducing some web pages of few cases of corporate crimes for justice.

WAKE – UP HONOURABLE PRIME MINISTER OF INDIA

RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS

M/S RPG CABLES LTD , an industry located at mysore is promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.


Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD, MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.


These type of ill-gotten wealth of various industrialists & traders in india is fuelling the black economy, destabilising the economy, cheating the government of it’s tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When mr. R.P.Goenka has failed to properly govern a small company, how can he govern our vast country India being a member of parliament ?

The shameful part is that inspite of so much of cheating by the said company ie by it’s executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.

RPG CABLES LTD & SUDARSHAN TELECOM MYSORE
-Are they adhering to environmental norms ?

These two private companies situated at mysore, karnataka state are in the business of manufacturing polythene insulated jelly filled cables & optic fibre cables for Tele- communication purposes. These two companies are burning off polythene wastes in the open releasing various toxins to the atmosphere . also , they are not properly disposing off non bio-degradable wastes like optic fibre & fibre reinforcement materials ,which poses a grave threat to the public at large. In addition they are not taking proper occupational safety measures in handling these materials posing a grave threat to the lives of employees. Karnataka pollution control board & labour department are you hearing ?

wake-up labour commissioner & chief inspector of factories , government of karnataka.
– illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE , M/S VARSHACABLES LTD MYSORE , M/S FINECORE CABLES LTD , MYSORE.

In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.


In M/S VARSHA CABLES & M/S FINECORE CABLES and it’s sister concerns ,workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?

 

The managements of companies violate various labour laws & pressurize workman by threat of dismissals not to complain to authorities. Also, the managements buy-out union leaders , not to make complaint to authorities.

 

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether  workers union or individual workman has made complaint to labour department or not.

 

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE  is not giving the same as per RTI Act. Further ALC , mysore is lying  that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered  post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Is all these to cover-up criminals of  RPG CABLES LTD ?

RPG CABLES LIMITED MYSORE FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES.

This is a company promoted by longtime supporter & congress M.P (member of parliament ), mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.

Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVERGOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.

The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.

 AN APPEAL TO H.E.HONOURABLE GOVERNOR OF KARNATAKA , BANGALORE

Your Excellency,

subject : 1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE.

2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER MYSORE.

3)refer : IDA-3/CR-152/2002-03 dated 25/05/04

I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed.

The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught  india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore.

In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc  the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?

 

The managements of companies violate various labour laws & pressurize workman by threat of dismissals not to complain to authorities. Also, the managements buy-out union leaders , not to make complaint to authorities.

 

The labour department is duty bound to enforce labour laws in all establishments , irrespective of whether  workers union or individual workman has made complaint to labour department or not.

 

The management of RPG CABLES LTD is not giving employees seniority list or other requested information to us , ASSISTANT LABOUR COMMISSIONER OF MYSORE  is not giving the same as per RTI Act. Further ALC , mysore is lying  that his office has not received any complaint from us regarding this issue. I have previously sent representations through registered  post / courier to his office & even LABOUR COMMISSIONER of Karnataka has redirected some of my representations to ALC mysore. Are not these acts & omissions  of ALC Mysore aiding to  cover-up criminals of  RPG CABLES LTD ?



1. there are workman much junior to me in my category working in the company.

2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me.

3. i was not paid equal wages for the work of equal value & quality.

4. i was made to lift, push weights more than 60kg all alone.

5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds.

6. i was not provided safety gears to handle optic fibre cable materials.

7. some times even hand gloves were not provided.

8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally.

9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me.

10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE.

11.no yearly employee health check-up nor the safety audit is conducted.

12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard.

13. due to all these unhealthy work practices & surroundings  , i have suffered health damages

14. the management has closed the canteen while conciliation was going on.

15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor.

16. the management effected the retrenchment while the conciliation proceedings were going on.

17. the management threatened me of dismissal if i don’t resign from the union leadership.

18. the management didn’t take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year.

19. the management was not paying the monthly salary on the stipulated date.

20. the management didn’t pay the full & final financial settlement on the last working day together with retrenchment notice .

HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.

 

                                                                                  Your’s sincerely,

                                                                                   Sufferer of injustices

Crimes at INFOSYS campus ?

–         wake-up government of Karnataka –  an open letter to mr.Narayan murthy

 

INFOSYS is an indian corporate which made india proud globally & made all it’s employees prosper, become shareholders in the prosperity of the company. Infosys has made & is making various humanitarian services/aid through it’s hard earned resources. thereby bringing smile to the faces of numerous oppressed ,disadvantaged people. every indian is proud of responsible organisations like infosys & we do sincerely appreciate the company.

 

Recently , disrespect was shown to our sacred Indian National Anthem at your campus , aping  americans is not a big thing . Americans are what they are because they love their country. Every human being must love & respect  his motherland & mother first , everything matters later. This crime at your campus is inexcusable.

 

There are also allegations that at your campus , usage of illegal drugs  by inmates is rampant &  some inmates behave indecently with girls . how you are ensuring the safety of women at your campus ?

 

Recently , it has been reported that there are recurring  deaths of labourers at your construction site  due to lack of proper occupational safety measures . also, it has been reported many of the labourers are not even  covered by ESI & PF . from the day one how many persons have died & how many were injured , physically disabled till date ? what follow-up action has been taken by your organization ?  is it not the duty  of your organization to respect the law of the land with respect to labourer’s safety ?


However there are complaints of human rights violations in your own backyard. Infosys is building a vast campus in mysore since 2 years. The construction work has been given to contractors, who in turn has given out subcontracts . some of these sub-contractors are employing persons without E.S.I & P.F COVERAGE .these employees are forced to work at heights without any safety gears. some of these employees have suffered damages to their
limbs , hands ,fingers while performing their duties . in such events, the sub-contractor takes the injured to a private hospital, arranges for medical treatment for a day or two . afterwards , he is given a pittance as compensation ,dismissed from service & left to fend for himself . no further medical care at all. these sub-contractors are so cunning that they
don’t even leave a single shred of evidence to prove that the injured employee was working
on that site . the labourers attendance is just marked on a notebook , not any official register .as a result the injured is unable to legally prosecute the guilty . the end result fingers or hands or limbs lost to INFOSYS. Being the principal employer, is it not your duty to ensure proper E.S.I & P.F coverage of all contract labourers by their respective
contractors. Your organissation is not even responding to our queries , is it justified ?

AN APPEAL TO HONOURABLE LABOUR COMMISSIONER OF KARNATAKA & CHIEF INSPECTOR OF FACTORIES FOR KARNATAKA

 

Kindly give me status of following complaints made to you long back , till date there is no action , why ?

 

DPG/X/2006/80134

DARPG/E/2006/05917

DPG/X/2006/80133

DPG/X/2006/80134

DARPG/E/2006/07944

DARPG/E/2006/07945

AN APPEAL TO HONOURABLE UNION PRIME MINISTER , GOI

 Kindly give me status of following complaints made to your cabinet ministers  & the telecom PSUs mentioned alongside long back , till date there is no action , why ?

 

DPG/M/2006/80001  complaint made to BIFR

DARPG/E/2006/00009 complaint made to BIFR

DPG/T/2006/80001 Complaint made to BSNL

DARPG/E/2006/00010 Complaint made to BSNL

DPG/T/2006/80002 Complaint made to MTNL

DARPG/E/2006/00011 Complaint made to MTNL

DPG/R/2006/80001 Complaint made to RailTel

DARPG/E//2006/00012 Complaint made to RailTel

DPG/M/2006/80002 Complaint made to PGCIL

DARPG/E/2006/00013 Complaint made to PGCIL

DPG/N/2006/80001 Complaint made to GAIL

DARPG/E/2006/00014 Complaint made to GAIL

DPG/M/2006/80003 Complaint made to union finance minister

DARPG/E/2006/00015 Complaint made to union finance minister

DPG/M/2006/80004 Complaint made to union minister for company affairs

DARPG/E/2006/00016 Complaint made to union minister for company affairs

DPG/M/2006/80005 Complaint made to union minister for commerce & industries

DARPG/E/2006/00017 Complaint made to union minister for commerce & industries

DPG/B/2006/80002 Complaint made to minister of state for banking

 

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corruption in karnataka labour department