visit : http://sites.google.com/site/eclarionofdalit/court-judgements-for-a-price ,
S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJ.M.R… VOL.3 issue. 51… 23 / 12 / 2009
EDITORIAL : COURT JUDGEMENTS FOR A PRICE ?
- MANIPULATION OF INDIAN LEGAL SYSTEM
- SHAME SHAME SHAMELESS CORRUPT PUBLIC SERVANTS
Recently we have seen media reports about arrest of high ranking police officers by Karnataka lokayukta , many police are arrested by karnataka lokayukta . Many government officials are apprehended by Karnataka lokayukta in the past , on an average from each arrested corrupt government officials millions of rupees worth illegal wealth was confiscated from each criminal. This wealth is earned by selling their official duties , for preparing fake government reports , records in somebody’s favor. During the proceedings of the court , paradoxically the judge depends on those very same concocted government reports , records (prepared by corrupt official) as the gospel truth & gives his judgement. The corrupt police officials by taking bribe suppress evidences , leave criminals from FIRs , deviate from the line of investigation , purposefully delay investigations allowing for destruction of evidences / escape of criminals , close cases with B reports , delay arrests of criminals as not traceable , in the same way fix innocents , coughs up fake confessions from innocents , etc all to protect the real rich & mighty criminal in the background. During the proceedings of the court , the judge heavily relys on the investigation reports , records of these corrupt police officials & gives his judgment.
Recently a fortnight back , in an article written by Karnataka government law & justice minister Shri. Suresh Kumar has mentioned about an incident where in an innocent was illegally arrested by police , the public prosecutor demanding a FAT FEE from the innocent detainee to get his release. Nowadays , many of the government paid Public Prosecutors in understanding with the defense advocate strike a deal , present the government’s case in half hearted manner allowing the rich & mighty criminal to escape. During the proceedings of the court the judge relies on the stand of prosecution , the stand of corrupt public prosecutor as government is the party which has filed that very case.
In the court of law , judges follow the law enacted by parliament or state legislatures. However some of the criminals who have entered into the halls of parliament & legislatures are successful in getting certain illegal acts legalized . the courts of law blindly follow those illegal , unethical , immoral LAWS / ACTS / GOVERNMENT ORDERS as gospel truths , as guiding lines as they happen to be technically legal.
In some cases , the judges themselves happen to be corrupt , they sell all judicial orders for a price. Just remember the case of a TADA court judge issuing bail orders for a price , or a judge issuing arrest warrants against then CHIEF JUSTICE OF INDIA & PRESIDENT OF INDIA .
Due to all these cases , the rich & mighty criminals are manipulating the entire legal system to their own favor and innocent people , common folk are getting a raw deal in the courts of law. Where is Mahatma Gandhi’s Ram Rajya even after 62 years of India’s Independence.
By all these action can we expect justice from the corrupt mentioned in the following articles. SHAME TO SHAMELESS CORRUPT JUDGES , CORRUPT POLICE , CORRUPT PUBLIC SERVANTS of india . These corrupt must learn lessons of duty from their honest colleagues, honest few judges , police , public servants still left in service. These few honest judges , honest police & honest public servants must teach their corrupt colleagues how to behave. Corrupt must first learn to be human beings , to behave as human beings & to interact with the public as human beings. Read UNIVERSAL DECLARATION OF HUMAN RIGHTS in the following pages. JAI HIND . VANDE MATARAM .
Your’s sincerely ,
Nagaraj.M.R.
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
- By American Citizens
Our country was known as " Heaven On Earth" , "Land of Equality & Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our country. Now USA is known as a "Terror State".
In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don't deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public :
1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ?
7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished .
Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws.
Recently , in the issue of weekly publication "The Week" , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi's assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer's money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care.
Recently , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer's money. While ordinary Pakistanis were suffering from starvation , lack of health care , etc.
All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn Murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN.
Hereby , we appeal to the Honorable Chief Justices of supreme courts of USA , INDIA , PAKISTAN , BANGLADESH , SRILANKA & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM & murdering innocent people in their respective countries .
JUDICIAL ACCOUNTABILITY IN INDIA
- URGENT NEED OF THE HOUR
After 62 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death.
The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.
Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.
When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.
Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.
In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.
In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?
Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.
In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.
If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.
In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions, TO BE HUMAN BEINGS , TO BEHAVE AS HUMAN BEINGS , TO TREAT OTHERS , COMMONERS AS HUMAN BEINGS. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of UNIVERSAL HUMAN RIGHTS DAY, let us build a true democratic India , free of corrupt public servants.
Can we expect Justice & Rule of Law, RESPECT FOR CITIZEN’S HUMAN RIGHTS & FUNDAMENTAL RIGHTS from Corrupt Police & Judges
In India , corruption has spread it’s tentacles to all walks of life , the corrupt public servants in their greed for money have become TRAITORS , GADDARS & backstabbing our motherland. Please go through the following articles & arrive at your conclusion.
Visit , read the petition & support by signing the petition demanding
LEGAL PROSECUTION OF SPONSORERS OF TERRORISM
http://www.thepetitionsite.com/1/911-2611---prosecute-the-sponsorers-of-terrorism ,
http://www.petitionspot.com/petitions/sponsor ,
Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA ,
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.
http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures ,
http://www.petitionspot.com/petitions/judge ,
More Corrupt the Police are, More unsafe are our People
- By K B GANAPATHY
It is sickening. It is nauseating. It is vulgar. It is dirty. It is a sin and above all, it is a crime beyond any ameliorating circumstances. The punishment for this crime should be a real deterrent and must not take more than a month to award. I am talking about the crime committed by the Kolar SP, K. P. Puttaswamy, IPS, who was caught red - handed while taking a bribe of Rs.10, 000 from a civil Police Constable P.P. Prakash by the Bangalore Lokayukta Police on November 27.
When the crime was committed in Kolar, how is it that the Bangalore Lokayukta took action? This is not a million dollar question. This is a million dollar shame on the honesty and integrity of our Police force itself (honourable exceptions are honourably exempted here).
I understand the reason is that the Lokayukta Police officers in Kolar are too compassionate and considerate in nabbing criminals and corrupt persons in their own turf (department). Earlier, three attempts were made to catch this cornucopia of a corrupt person called Puttaswamy, but he was alerted in time. Thus the local Lokayukta failed in its mission.
Kolar SP Puttaswamy
Constable Prakash, the victim of Puttaswamy’s greed, avarice and craving for money knew this very well. It was for this reason, he had to approach the Bangalore Lokayukta (Phone: 9845000022). Naturally this time, the Lokayukta operation was a complete success.
Complainant Mr. P. P. Prakash
Think of the depth of demand from Puttaswamy and you will know how fathomless it is. I am reminded of a Tamil film Anniyan. The Constable Prakash had already given Rs.25, 000 as bribe (which in fact is also an offence). But the greedy SP, Puttaswamy, in order to make a killing out of this Constable seeking permission for voluntary retirement from service under VRS, recommended his dismissal. This made the Constable nervous as he would lose his pension and other benefits. P. P. Prakash, the Constable, now aged 47, hailing from South Kodagu, near Ponnampet (Pullangada family) served in the Indian Army Signals for seven years and then joined the Police Department in Kolar and has served for 20 years.
Of late, he was not keeping good health and hence took “medical permission” for 13 months leave — sick leave. It appears he was supposed to submit a Doctor’s certificate from time to time during this period. He did not do so as it is not compulsory, and rarely insisted upon, he says.
However, in this case the Kolar SP K. P. Puttaswamy ordered a Departmental Enquiry (DE) against him. Realising that this enquiry would take at least 5 to 6 months to complete and as he was in a hurry to take VRS he decided to apologise for the inadvertent lapse. Subsequent to the apology submitted by him to the DE Officer, the Dy. SP, the DE was closed and the report sent to the Superintendent of Police, K.P. Puttaswamy.
See how greed for money tears away the human face of a human being. The Superintendent of Police, Puttaswamy, returning the file to the Enquiry Officer, the Dy. SP, asked him to re -examine the Departmental Enquiry.
Constable Prakash says that normally if one admits his fault, in cases such as this, no re - examination of DE is necessary.
However, Constable Prakash thought there was no use pursuing the path of law to get his VRS from an Officer like K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours: (1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To grant permission for the VRS.
After making this payment of Rs. 25,000, the Constable Prakash was happily waiting at his native place for VRS permission. However, after two months, to his utter shock he received a notice about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.
He rushed to Kolar and met the Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told: “Okay, I will see. (Aayitu Noduva)”
On further pleadings from the Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with his head and eyes pushing the paper towards the Constable to see the figure.
Since the Constable found the new demand too much for him to bear, he decided to retaliate. He knew there was no use complaining to the Kolar Lokayukta which could not trap this corrupt SP three times earlier on others' complaints. So Constable P. P. Prakash straight away went to Bangalore and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend to complaints promptly in confidence without any delay.
He knew, speed is the secret of success not only in love and war but also in Lokayukta operations. He immediately called another smart officer, Superintendent of Police (SP) Madhukar Shetty and lo and behold the operation was successful.
Prakash, the Constable, says that the Kolar SP had his moles in his office keeping an eye on the Lokayukta complainants and officers who may be around. In case of suspicion, information was passed on to him and the SP will not see such visitors.
Hence, this time the Bangalore Lokayukta got smart. Waiting at the SP's door to see him was a burqaclad lady Constable and a Police Sub - Inspector disguised as a Muslim with full makeup, wearing a beard hired from a clothier to dramas.
One more person was also there with bandages, dhoti and chappals who would see the SP only after his "Doddavaru" (elder) came there. Thus there was absolutely no room for suspicion for the Policemen on duty at the SP’s door. Since Prakash was already known, he was allowed in.
During the course of conversation, the Superintendent of Police K. P. Puttaswamy, alert and smart, told his supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave the cover with the money inside, as pre - arranged by the Lokayukta. Puttaswamy instinctively stretched his hand to receive it but quickly withdrew, lifted a file, placed it on the table and asked Prakash to keep the cover below the file. The latter obliged. However, while handling the file Puttaswamy unknowingly touched the cover to push it properly under the file.
“I will call the GSA and get the file and ask him to do the needful”, said the SP who did not forget to speak aloud “Beda” (Don’t want) all the while taking care not to touch the cover or money. But to his bad luck he had already touched the cover, though unknowingly, rather accidentally.
Well, when Prakash came out, the Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in newspapers.
And indeed the complainant P. P. Prakash did teach his corrupt boss a lesson which the people of our State think will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no. Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand transporter against whom a charge sheet was filed.The sand transporter wanted Srikantappa to help him by filing a “B” report to the Court (“B” report is one where Police investigate the case and then file a report to the court saying there is no substance in the complaint or there is no prima facie case as such). The case will then be closed.
Interestingly, the same K. P. Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P. Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience of his boss. Therefore, no matter how many Police officers the Lokayukta catches, it would be business as usual for these government officers including those of the IAS, IFS and IPS class.
It is said habits die hard. These two officers are from the Karnataka Administrative Service (KAS) who rose to the rank of IPS after years of service in the lower rank. It is universally known corruption at the lower level in the Police force happens on a daily basis and therefore even after the elevation to the IPS, the habit must have continued, sometimes consciously and sometimes unconsciously, as if it is a natural part of the job. Habits indeed never die.
At another level, it is not as if those who enter service directly from IPS are not corrupt. If only a honest and aggressive investigation is made into the wealth amassed and properties acquired by these officers (including the benami angle), one will find a can of sinister worms crawling all over the place. While a Police Constable may collect on a daily basis a few hundred rupees and on occasions a few thousands, these IPS officers (exceptions apart) make a killing in one deal and like the Python which after swallowing an animal lies languidly for months, these officers strut around with an aura of honesty, till the next victim comes by.
Be that as it may, the point to ponder is whether the government’s recruitment policy, specially in departments like Police, Excise and Revenue, needs to be changed to ensure the kinds of B. Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case they are recruited they must be dismissed from service if caught red-handed and found guilty, rather than merely suspending them, only to be reinstated later or let them off with minor punishment.
Just as in cases of rape or murder, the law relating to bail in cases of corruption too needs to be changed. The present law relating to bail for these offences seem to be very liberal and lax. When a person is sent to Judicial Custody, he is in jail only for a few hours. Soon he is shifted to a hospital under legal rigmarole and manipulation. Well, why not call it 'hospital custody' instead of “Judicial custody”?
Politicians, higher officials and the rich should be discouraged by the law courts from getting this "hospital custody". Consider this: a politician is arrested for some misdemeanour or offence. He is found in the pink of health at the time of his arrest. But suddenly when he is produced before the court, he feigns illness of severe nature like chest - pain, high blood pressure or even unbearable back ache. Next, we see him being taken to a super - specialty hospital ward in the name of judicial custody instead of being treated in the prison. The same has happened in the case of K. P. Puttaswamy too.
Indian Express dated 1st December, 2009 reported: "While in Kolar jail, he (K. P. Puttaswamy) reportedly complained of chest pain and was taken to hospital. Puttaswamy was later shifted to Jalappa Hospital at midnight and admitted in the VIP ward." A mockery of law and justice. A show of solidarity by the jail authorities and the doctors!
Considering the all - pervasive corruption in the Police Department, I have a lingering suspicion that most of the missing cases, murder cases, robbery cases, rape cases etc. are not detected at all, simply for the reason of corruption. Filing false complaints or threatening to file false complaint is another ploy employed by the Police. As a journalist, a number of people have come to me to get the complaint registered or if registered to get the case investigated. A couple of years back, the body of a small time planter in Kodagu was found hanging on a tree in the premises of the Race Club and despite the complaint, nothing happened. The persons named as suspects by the victim’s mother (a widow) and relatives were not even taken into custody for interrogation.
The victim’s relatives told me that the culprits had visited the jurisdictional Police Station in the city a couple of times. You can make your own inference.
The senior officers in the Police Department must review periodically all the undetected cases and put pressure on the Station House Officers to solve the cases and for this purpose periodically guide them. However, if the top officers themselves are of the Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy's kind, God only should help the complainant. I am not aware if there is a psychological test for the candidates who appear for public service examinations — like the IPS, IAS, KAS — to find out the propensity of a person for making money by means fair or foul. I may sound harsh and it may even be illegal, but how about brain mapping under narcoanalysis test to find out the “mind” of the candidate? This day may not be far - off, if corruption continues unabated at this level.
Indira Gandhi was indeed right when she acknowledged corruption as a “Universal Phenomenon”, almost justifying it. No wonder she was also in a way responsible for the present run of corrupt officers in all our government departments and Constitutional institutions. We had always thought at least our Army and Judiciary are well insulated from corruption. Newspapers rarely carried any item relating to corruption in the Army and Judiciary. But today we have Army scams and Judicial corruption almost daily being written in newspapers and shown on TV. Lack of trust in the leadership in all areas of governance is worrying every citizen today. The situation indeed is grim. If a citizen cannot trust a Police Officer, Army General, Chief Justice of the higher court, where shall he go for his security and justice?
Are we as a country lost in the limbo of a democratic anarchy?
Tailpiece:
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!”
JUDICIAL ACCOUNTABILITY
Whether judges are appointed or elected it is their performance on the bench and their accountability for improper activities that is crucial.
While there is great debate as to how judges are put on the bench, the public's dissatisfaction with the so-called independence of the judiciary and with the inadequacy of the judicial disciplinary machinery is disregarded by the Bench and Bar.
We say that our system of government is a democracy. Yet we have a judiciary with absolute power over our courts, unparalleled in history. This power is founded on judicial independence, judicial immunity and control over the Bar. Our system of government is based on separation of powers and does not allow such concentration of power in the judicial branch.
Florida is typical of the legal system throughout the country. Although the judiciary asserts immense power over the lives of individuals and the conduct of businesses, they have rendered themselves totally unaccountable to the public or to any other branch of government.
The judges and lawyers maintain their stronghold on the legal system on the myth that they are the guardians of the constitutional rights of the people and that the lawyers champion these rights in a court of law that is just and fair.
However, the legal profession has become big business, where justice is not the objective but, to keep the clock running for billable hours for the maximum profit. Although judges and lawyers hypothetically take an oath to uphold the laws and the constitution of the land, in many cases that oath might as well have been taken on the cook book, to brew up litigation to use the legal system for an assembly line conversion of the victim's assets into fees, or to confiscate it outright.
Even if, there are some judges and lawyers dedicated to the proper administration of justice, unfortunately there are many who are not. To create fees, lawyers can litigate frivolous, false claims or defenses endlessly and can drag on a simple case for years. To stop the litigation, the attorneys can demand payment, a so-called settlement which in many cases is nothing more than a form of extortion. These practices not only harm the individual litigants but, is an unconscionable waste of the taxpayers' money and clog up the court system.
Many judges acting in conjunction with attorneys, abuse the judicial independence given to them in trust and confidence of the people. The myth is dispelled when we are confronted by judges who disregard the rules; allow the distortion of facts sometimes to the point of perjury; exclude evidence; rely on laws which have no relevance to the legal and factual issues; issue decisions which fabricate facts and are contrary to the record; deliberately omit critical facts from the record; fail to follow the controlling law and precedent; or issue decisions without any stated facts or law; and approve unreasonable and unconscionable fees for attorneys. It is not unusual that property and money are taken from the victims without the required due process and the victims are left with nothing or a token of what they had or were entitled to.
Read about the best judges money can buy Click here Also please read Judges Don't Care About My Life Click here. Judges should be made accountable for the time they spend on the bench Click here. A response to ABA praising judges Click here. A critical assessment of judges by former judge John Malloy click here. According to a poll take by an American Bar Journal survey more than half of Americans are angry and disappointed with the nation’s judiciary. A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable." To read go go to, http://www.abanet.org/journal/redesign/s30survey.html
To see the judicial selection method in the States go to
http://www.ajs.org/selection/sel_state-select-map.asp
CRIMES COMMITTED BY LAW COURTS IN INDIA
- An appeal to honourable supreme court of india
Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals.
Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.
Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.
As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?
The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.
Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.
Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.
Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons.
Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.
The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?
Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?
In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.
In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann't even ascertain the validity of tapes , whether it is edited , doctored .
One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.
The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.
We at e-voice has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk.
FAILURE OF INDIAN LEGA
