Archive for March, 2008

what is the price ?

March 4, 2008

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e Voice Of Human Rights Watch e-news weekly
Spreading the light of humanity & freedom
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Editor : Nagaraj.M.R…………………….vol.2issue.45…………………20/01/2007
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Editorial : WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???

In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.

HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by
rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit – were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.

It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are
hiding behind legal immunity privileges & making money. I , e-Voice Of  Human Rights Watch’s Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of
india sir ?

jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

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ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED
– An appeal to honourable chief justice of india

In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of
india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones – the judges will give favourable judgements when the cases of these godfather’s & their cronies comes before them – the prodigal sons. As in other wings of government , corruption has spread it’s tentacles far & wide in the judiciary also. Remember ” roost resort”scandal” – wherein the newly selected women judges were returning favours immorally to their selectors – high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.


Our constitution has given independence to judges , to freely make their own inference , interpretation of
law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don’t have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as ” contempt of court” , the commonman is punished & the voice seeking the truth is silenced forever.


The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land
appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of
India to give me information about the following :


1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?


2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?


3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?


4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?


5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.


6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?


7.are judges more equal than the citizens of
india?


8.why don’t the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?


9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?


10.why don’t the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?


11.why you have not registered previous appeals of HRW , as PIL & not responded till date?

12. the judiciary – honourable supreme court of India itself is violating my constitutionally guaranteed  FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?


We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in
india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india‘s unity & integrity, than terrorists. Hereby, HRW offers it’s services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

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APPEALS TO HONOURABLE PRIME MINISTER OF INDIA

Appeal no.1

Dear Sir ,

INDIA: An alleged brutal attack on a couple, while suffering from police inaction for 10 years in violation of court orders

Name of victim:
1. Mr. Jibanratan Sarkar, aged 55, the resident of Baltikuri Khaldharpara, Dashnagar,
Howrah district, West Bengal, India
2. Ms. Sandhya Sarkar, the victim 1’s wife
3. Mr. Abhijit Sarkar, the victim 1’s son
Alleged perpetrators:
1. Mr. Robin Mondal
2. Mr. Raju Kayal
3. Mr. Jadu Naskar
4. Mr. Sanjay Kayal
5. Mr. Dipali Dey
(All the men listed above are cadres of the ruling Communist Party of India-Marxist (CPI-M) in the area)
6. Officers attached to the Jagacha police station
7. Officers attached to the
Dashnagar Investigation Center including the Officer-In-Charge
Date of the alleged brutal attack:
12 October 2006
Place of the alleged attack: the victim’s residence in Baltikuri Khaldharpara
Case status:

I am writing to bring your urgent attention to the alleged brutal attack on Mr. Jibanratan Sarkar  and his wife Ms. Sandhya Sarkar by a group of men mentioned above (alleged perpetrators 1 to 5), who are reportedly cadres of the ruling Communist Party of India-Marxist (CPI-M) in the area, on 12 October 2006. Due to brutal assault, the couple was seriously injured and fell unconscious at the spot. They were admitted at the Howrah Hospital where they remained until 25 October 2006.

In fact, this incident is related to a 10 year dispute over MR. Jibanratan’s land and deliberate and continuous inaction of the local police and authorities regarding this matter.

To briefly explain the matter, on the incident date, the alleged perpetrators were actually returning from the Dashnagar Investigation Center, after being summoned regarding a trespass on Mr. Jibanratan’s property since 1994.

In 1994, the said perpetrators illegally constructed a drain on Jibanratan Sarkar’s land in Howrah district, West Bengal, India. The Howrah Civil Court then gave a judgment on Jibanratan’s favor on his civil suit case regarding this matter. However, the Officer-In-Charge (OC) of the Dashnagar I.C. has failed to take action against the said perpetrators. About 10 years later on 17 June 2004 after the actual matter took place, Justice P. K Chattopadhaya of the Kolkata High Court passed an interim order in favour of Mr. Jibanratan on his write petition. Howver, the Superintendent of Police (SP) and Additional Superintendent of Police (ASP) of Howrah district and the OC of the Dashnagar I.C have still failed to take action against the said perpetrators., the OC of the Dashnagar I.C. finally summoned the alleged perpetrators about two years later on 12 October 2006 when the attack on a couple took place after the summon.

I was informed that the couple’s son Abhijit Sarkar rushed to Howrah after learning his parent’s incident but prevented from entering his parent’s house by the said perpetrators.
I was also informed that Jagacha police did not take any action despite the son’s complaint to the police.

Even though a case has been filed against the perpetrators regarding the attack, the police have yet taken any serious action to arrest those responsible. The case number is 170/06 dated 12/10/2006 and registered under section 448 (punishment for house-trespass), 325 (punishment for voluntarily causing grievous hurt), 307 (attempt to murder), 427 (mischief causing damage to the amount of fifty rupees), 379 (punishment for theft), 506 (punishment for criminal intimidation) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code. 

I am of the opinion that such a brutal attack on the couple could not have taken place without the deliberate and continuous failure of the police and administration authorities to take action regarding the alleged trespass of the victims’ land over 10 years, in violation of court judgments. It was alleged that all the relevant police and the administration authorities have ignored the high court judgments and are inactive in this case because the perpetrators are cadres of the Communist Party of India-Marxist (CPI-M), the ruling party of the West Bengal state government.

Furthermore, the delay of over 10-years in the victim’s case also contributed the denial of justice to the victim. As a result, the said perpetrators are still at large and freely intimidate the victims, while Mr. Jibanratan is suffering from mental trauma and agony due to long delayed justice to him.

In fact, this is yet another incident that the police and other government authorities have failed to take action due to the alleged perpetrators’ political influence or good connection with the police. Such apparent attitude of inaction and negligence of the government authorities in violation of court orders directly help the criminals to escape from punishment, put the security of the victims in danger and encourage them to commit more illegal activities in the society. This is clear violation of their mandate to protect rights of citizens. This case also illustrates how badly the independence and the law enforcement of the investigation authorities are damaged in the country. 

In light of the above, I strongly urge you to ensure that the police and investigation authority take immediate action against the alleged perpetrators in conformity with the judgment to protect the victim’s property. Please also take action to immediately arrest and prosecute the alleged perpetrators regarding the alleged brutal attack on the victims, without any political or external interference. The court judgments should be respected by the police and other relevant authorities regarding this matter. I also urge you to ensure that the victims are adequately compensated in accordance with international standards and provided effective protection. I further request you to order a prompt inquiry into the deliberate and long-standing inaction by the Dashnagar Investigation Center and the local police regarding this matter and take strong action against those responsible. Lastly, I urge the Government of India to take steps to reduce court delays so that innocent citizens can receive effective remedies in time.

I believe that the democracy and rights of citizens can be sustained only by the strict enforcement of the law on the ground. I trust that you immediately take a prompt action in this case.

Yours sincerely,

NAGARAJ.M.R.

 

 

Appeal no.2

Dear  Sir ,

INDIA: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers 

I am writing to express my deep concern regarding the alleged deaths during the protest in Nandigram, East Midnapore district, West Bengal against the state government’s plan to acquire land for a Special Economic Zone (SEZ).

According to the information I have received from a fact-finding report from a local human rights organization named MASUM, at several villagers were reportedly killed and at least 20 persons injured since 7 January 2007 to date in continuing violence in Nandigram. A 14-year-old boy namely Biswajit Maity was among those killed. The identities of those killed, as alleged by the people but not yet verified are: Bharat Mondal, Biswajit Maity, Anukul Patra, Sankar Samanta, Sheikh Salim, Saud Ali, Kanai Bar, Sheikh Jahangir and Sujit Das.

While the CPI-M party and government sources claim that most of dead people in the violence at Nandigram were CPI-M workers and blamed the opposition Trinamool Congress and Congress for inciting the villagers by misleading them over land acquisition, I have received different version of the incident alleged by the villagers.    

According to the villagers, during a joint meeting in the evening of 6 January 2007,  local Trinamool Congress leaders informed the Superintendent of Police of East Midnapore district, Mr. Ashoke Datta and the Deputy Inspector General of Police (DIG) of Midnapore range, N. Rameshbabu regarding a possible attack organized and conspired by the private paramilitary group of the ruling CPI-M. However, the said police officers failed to take up this matter seriously.

Several eye witnesses alleged that at the time of incident, the bridge between Khejuri and Sonachuri was guarded by the police and they made ways for the miscreants led by the CPI-M to organize the attacks on the villagers. It is also alleges that the police remained mute spectators, not marching into the strife torn villagers despite the violence. It is also alleged by the local villagers that state officials and the police have used excessive and unnecessary force and may be responsible for casualty of the protesters.

I was also informed that while the police confirmed six deaths at the place of occurrence on January 7, no case for murder was initiated till 5:00pm on 7 January 2007. The dead bodies found were sent for post mortem examination but no unnatural death cases were registered and there was no report of conducting inquest of dead bodies until 5:00pm on January 2007. I was further informed that the fact-finding team further reported that the administration was completely broken down in the area and that the arms and ammunition are supplied in the area without resistant.

I am sadden to acknowledge that this incident followed attacks on peasants who were protesting against the forced acquisition of their land for an automobile project at Singur in the Hooghly district, West Bengal on 2 December 2006. I believe that full consultation should have been done with affected villagers prior to make economic decisions that affect large population of the people’s livelihood. Human rights should not been sacrificed in the name of development.

In light of the above, I strongly urge you to ensure that:

1. Independent judicial investigation is immediately conducted into the Nandigram violence and make the findings public.


2. Criminal proceedings are initiated against all state officials, including the police personnel, who are suspected of being responsible for killings of villagers and criminal conspiracy over the incident.


3. Immediate criminal proceeding is started against the said SP and the DIG for abetting for their failure to prevent the incident. 


4. Those detained without any specific charges at Nandigram are immediately released and peaceful protests are allowed.


5. Adequate compensation is given to the persons killed and injured victims.


6. Security and safety of the villagers are guaranteed forthwith.     


7. The total plan of acquiring land for SEZ is disclosed in detail to the public and conduct full consolation with affected villages on this issue before any economic decisions are made.

I look for your immediate intervention in this matter.

your’s sincerely,

NAGARAJ.M.R.

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March 4, 2008

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