Wistron Crimes

  DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.30…...........16/12/2020

WISTRON  -  WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

 

In every mega projects undertaken by government , both the state government & central government have functioned  like  REAL ESTATE / COMMISSION  AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

 

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value  , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I  coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money,  employ our own people , use our own natural resources & finally  take away the net profits to their home countries  – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .

 

During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as "Neo colonisation" & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic

environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors

too. They easily flouted labour laws & made labourers to work in inhuman conditions.

During 1990's under the international pressure India signed GATT & slowly started opening it's economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only

bringing the FMCG industries - salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

 

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

1. There is lack of comprehensive environmental norms.

2. The enforcement of environmental norms is lax.

3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.

4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.

5. The enforcement of labour laws are lax.

6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.

7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.

8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.

9. The corporate governance laws are almost absent in India & it's enforcement nil.

10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.

11. On top of it, well trained, technically qualified people are available at low rates through contractors.

Just consider the following cases which highlight the apathy, irresponsibility of  government of India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it's people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.

2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.

3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.

4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years.

This is still further damaging the residents of Bhopal.

5. In the above union carbide disaster, the Government of India didn't present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of

American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?

6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.

7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.

8. In India spurious drugs, medicines, food stuffs are easily marketed.

9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.

11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.

Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.

12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.

13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.

14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't respond at all.

All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India.

 

Karnataka Labour Dept finds Wistron did not record deduction in pay for workers

 TNM accessed the Labour Department’s inspection report of Wistron’s manufactory in Kolar and found several violations of labour laws.

Contract employees at Wistron’s iPhone manufacturing unit in Karnataka’s Kolar were not given offer letters, employment contracts and were denied salary slips on request, the Karnataka Labour Department has found. “When asked to produce, the (company) did not,” the report says. The inspectors also found that contract employees were not given offer letters, employment contracts and were denied salary slips on request. The report indicates that contracting companies including Quess Corp, Adecco India Ltd and Creative Engineers violated norms related to hiring personnel. However, it does not specify whether the other violations it noted were incurred by Wistron or the contracting companies. 

The Karnataka Labour Department visited the plant on December 12, the day thousands of disgruntled workers vandalised the factory, alleging that their repeated requests to pay deducted wages and overtime amounts were stonewalled. The Labour Department found several violations of the Contract Labour (Regulation and Abolition) Act 1970 and the state government’s rules pertaining to this legislation. The inspection was conducted by Kolar district’s inspectors working in the Labour Department -- Lokesh Kumar and Renuka Prasad. 

Sources with the Labour Department told TNM that a report including the inspection’s findings were sent to the Union Labour Ministry. “We don’t know what action the Union government will want us to take. In such a situation, the contracting companies could be blacklisted,” a senior official with the Labour Department said. 

The Labour Department official also said that its “findings” based on multiple inspections and interactions with company representatives indicate violations by the contracting companies.

What the report states

The report, signed by Rajeshwari, the Labour Officer in Kolar district Labour Office, noted that contractors including Quess Corp Ltd, Adecco India Ltd and Creative Engineers had hired more people without prior approval of the labour department. “Contracting companies Creative Engineers and Quess Corp Ltd, had obtained permission to hire 2,350 and 1,350 employees for Wistron. They hired 2,410 and 1,511 personnel in total and had not obtained permission to hire the additional employees. Adecco India Ltd had obtained permission to hire 3,000 employees but they hired 111 additional personnel without prior approvals,” the report added. 

However, the most important finding was that the workers salaries were deducted, which was in violation of the Contract Employees (Regulation and Abolition) Rules. According to the rules, salaries can be deducted if there is a record of employees taking unpaid leave, or if it is proved that any damages were caused to the company’s infrastructure due to the said employees’ action. “No explanation was given regarding the deduction in pay,” the report noted.

TNM spoke to several employees who stated that every month three or four days’ pay was deducted despite them having worked those days and that this had gone on for over six months. Employees said that despite multiple requests submitted to Wistron’s to the HR Department, no action was taken to rectify the deduction in pay.

An earlier report submitted by the Department of Factories, Boilers and Industrial Safety, had stated that overtime wages for the housekeeping staff were not paid. The report also stated that the company violated section 8 of the Minimum Wages Act where complaints of employees were not officially recorded. 

The report also found that the company had violated norms under the Industrial Employees (Standing Order) Act 1976, where the management’s decisions were not effectively communicated with the employees. However, this report does not specifically state whether these violations were incurred by Wistron specifically or the contracting companies.

What the human resource contracting companies claimed

A source at Quess Corp told TNM on condition of anonymity that Wistron hasn’t been able to meet with the increased workload coming its way, especially after the lockdown ensuing the pandemic. “They went up from 2,000 employees to nearly 10,000. The unprecedented increase in workforce in a rather abnormal pandemic situation impeded their ability to put systems that would have enabled them to discharge their fiduciary responsibilities,” the source said.

He also said that Wistron had failed to maintain a good relationship with its workers. “If there is an issue at the plant, they should have been able to call somebody, there should have been community connect that they generated like someone to mediate between bureaucracy and legal resources. Hence there was a rampage. And that’s where I think the focus should be as you analyse this issue,” the source added.

Industry sources also say that service providers such as Quess Corp, which is a listed company, are expected to follow the same level of governance as a Wistron or Apple is, and as service providers, they will also begin looking at clients keenly and whether or not they want to work with them and under what circumstances.

Responding to TNM, another contracting company, Randstad India said that it strictly abides by the law of the land and that it has a zero-tolerance approach to non-compliance.

“We are working with Wistron Corp to identify the root cause of the problem. As a responsible organization committed to the welfare of our staff, we believe in upholding our values of fair employment practices and pay structure. At this juncture, we are committed to do everything that is necessary to ensure the safety and well-being of our employees deputed to Wistron and will continue to work with the authorities,” Paul Dupuis, MD and CEO, Randstad India said.

Is Wistron accountable?

Employees that TNM spoke to said that when they approached Wistron’s HR Department, they were informed that the company had handed over wages to the contracting companies. When employees approached the contracting companies, they were informed that payments disbursed by Wistron were made and that the contracting companies only disbursed the money received from Wistron, the principal company. 

Speaking to TNM, Professor Matthew Babu, adjunct professor at National Law School India University in Bengaluru and Director of Centre for Labour Studies, said that both the contracting companies and the principal company, in this case Wistron, are accountable to ensure that labour laws are not violated. 

“The principal employer should ensure that the wages are paid properly and it should appoint personnel to monitor whether contracting companies are also following these norms. They can’t escape so easily. First of all they get labour at cheapest price and don’t pay minimum wage and overtime, which is a violation of the Minimum Wages Act,” he said. 

He said that such lack of monitoring would be counterproductive to increasing investment in Karnataka as employers would prefer to work in states where such systems are in place and function properly. “It is the job of the principal company to ensure that all contract employees are registered and should ensure that management’s decisions are communicated properly. This seems like a blame game,” he added. 

CORPORATE ACCOUNTABILITY IN INDIA

CORPORATE ACCOUNTABILITY Scandals related to the appalling practices of multinational corporations like Union Carbide (now DOW), Enron, Coke, Cadbury, and

others may have shocked the nation and the world in the recent past, but the media rarely highlights corporate crimes that extend to murders, destroying habitats, threatening indigenous cultures, causing disease, contaminating the planet's food supply, poisoning

our groundwater and even destroying the very air we breathe.

You think this is an exaggeration? Well consider this. In Bhopal, India more than 8,000 people died in the first three days after 40 tonnes of lethal gas spilled out from Union Carbide's pesticide factory in December 1984. People woke in their homes to fits of coughing, their lungs filling with fluid. 520,000 people were exposed to poisonous gases. 150,000 victims are chronically ill, and even now one person dies every two days. Union Carbide merged with Dow Chemical Corporation two years ago and has ceased to exist as an entity while the present owners Dow refuse to accept any pending liabilities in Bhopal including clean-up of the abandoned site.

In Kodaikanal, India, Hindustan Lever, a subsidiary of Unilever Plc, an Anglo-Dutch multinational dumped mercury waste from its thermometer factory in the surrounding forests and on an innocent local community. When the scandal was exposed, first the company denied that there was a problem and later fudged facts and figures until the Indian authorities forced them to come clean. Since then Unilever has retrieved and sent back to USA some of the waste for disposal but are shying away from compensating affected workers and further environmental remediation measures.

Monsanto, one of the world's largest pesticide companies, continues to sell its genetically engineered seeds to farmers around the world despite growing evidence of failure of crops like Bt cotton, that has reduced once well-to-do farmers in the developing world to penury and poverty while the threat of contamination of indigenous species by GE

seeds increases everyday.

Bayer AG, a German transnational continues to manufacture and sell phased out pesticides like Methyl Parathion (brand name Folidol/Metacid) in Asia despite an assurance to their European investors and stake holders that they would stop manufacturing these organo-phosphate poisons.

Ship-owning companies (and indeed, their countries) like Bergesen (Norway), and Chandris (Greece) meanwhile, regularly violate international and national laws and dump their hazardous wastes at ship-breaking yards in India, Pakistan, China, Turkey and Bangladesh. The voluntary guidelines issued by International Marine Organisation

are not enough and it is imperative that these guidelines are made mandatory to make the ship-owners liable and responsible.

In the era of globalization, multinational companies increasingly move around assets, products and wastes on a global chessboard to maximize their profits and minimize their costs. These companies are using differences and loopholes in national environmental and health laws for example to export pesticides and destructive technologies to

poorer countries to the detriment of local communities. What international body oversees them, or sets rules for their behaviour, or holds them accountable when they transgress?

It is no longer just the conspiracy theorists who believe our world is increasingly ruled and ruined by large multinational corporations. The World Trade Organisation has supplanted environmental treaties and regulations. Corporations have become accountable only under the rules of a free market, free trade and a free for all on human rights and the environment.

The state of our environment has not improved, in fact it has deteriorated. The gap between the world's rich and poor has widened. Instead of providing developing countries with the tools for sustainable development, corporations have pushed their dirty

technologies and polluting industries on to some of the world's poorest countries.

A recent UN report revealed that Exxon, with $63 billion, is worth more than Peru or New Zealand. General Electric more than Kuwait. Shell is worth more than Morocco or Cuba.

In the past ten years, corporations have not only resisted

environmental challenges, they have lobbied to water down

international treaties and even succeeded in getting countries to

pull out of environmental agreements altogether. They have maintained

their unsustainable practices in all sectors. It is apparent that

more than just voluntary measures are needed to control these

corporations.

A recent report by WWF states that if we continue at current levels

of consumption we will use up all of the Earth's resources within 50

years, and we will need two more planets to meet our resource needs.

We either take urgent action to save the planet, or we get off.

The UN Environmental Programme agrees that "the state of the planet

is getting worse." They say "there is a growing gap between the

efforts of business and industry to reduce their impact on the

environment and the worsening state of the planet."

At the root of our environmental problems are the unsustainable

practices of the corporations that shape our economies. But what is

the good of a short-term healthy economy if we can't drink the water,

eat the foods in the fields or breathe the air?

Current systems of governance in Asia (as elsewhere) are proving to

be deficient against the activities of abusive multinational

corporations. To roll back the excessive powers of corporations and

to pressure governments to check corporate abuse and prosecute

corporate crimes, greater public participation is a must. The Rainbow

Warrior's Corporate Accountability Tour of India is part of a global

movement to change the climate of opinion against abusive

corporations and to turn the tide in favour of fundamental human

rights.

Corporations need to be held accountable for their actions that are

destroying the planet, destroying people's lives around the globe.

There is only one answer. We must stand up to the corporations. Our

governments must agree on international, legally binding rules for

corporate responsibility, accountability and liability: a set of

rules that business must follow, and governments must enforce.

The list of rules is long, but so are the crimes.

The world needs corporations to be held accountable to the following

laws – no matter where they operate in the world. HUMAN RIGHTS WATCH

is calling upon the Indian Government to endorse the Bhopal

Principles on Corporate Responsibility, which call on Multinational

Corporations to:

• Accept liability for environmental damage and compensate victims of

pollution;

• Accept liability for the damage, no matter when it happens, what

the cause or who in the corporation is responsible;

• Accept responsibility for damage and injury beyond national borders

including accidents in the oceans and atmosphere;

• Ensure that they do not infringe upon basic human rights;

• Disclose all information regarding releases into the environment to

the public;

• Protect human and social rights including the highest standards for

rights to health care and a clean environment;

• Avoid influence over governments, combat bribery and practice

transparency;

• Allow states to maintain their sovereignty over their own food

supply;

• Implement a precautionary principle and take preventative action

before environmental damages or health effects are incurred; and

• Promote and practice clean and sustainable development

 

Editorial : CORPORATE CRIMINALS 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 .

 

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer.

 Jai Hind. Vande Mataram.

 

Your’s sincerely,

Nagaraj.M.R.

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

  WhatsApp  91  8970318202

Home page :

http://di.dalitonline.in 

https://di-weekly.blogspot.com  

Contact  :  DI@dalitonline.in  , deccan.inquirer@gmail.com  

SHAME SHAME JUDGES

 DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.29…...........09/12/2020

Editorial :  Supreme Court Judges Worst violators of  Human  Rights 

- SHAME  SHAME  to  Supreme court Judges 

Read :

https://di-weekly.blogspot.com/2020/11/judges-bias-2.html?m=1  ,

https://di-weekly.blogspot.com/2020/11/judges-bias-1.html?m=1  

When a person is influential , well connected like Arnab Goswami  bail is given by SCI in a matter of few hours but commoners has to languish  in jail for  years. If person happens to be influential  industrialist like Adani  case is taken up even during court vacation, if commoner he has to wait for years. If person happens to be super rich like Ambani  crores of rupees dues will be deferred , instalment  facility for years is extended  if  a commoner in same scenario  doesn't pay dues court confiscates his personal property,  defaulter is put behind bars.  When  influential  persons land in trouble judges / police take suo motto action to rescue them, whereas when a commoner appeals ,  complains  to police , supreme court  specifically requesting  for justice , protection to life no appropriate  action taken. In each step of  SCI judges there is bias in favor of rich / influential.

SCI Judges  use “ CONTEMPT  punishing powers “ as a weapon to silence  persons  seeking  accountability  of judges. There is also bias , double standards by SCI Judges  just compare Advocate Nedumpara , Justice Karnan with Advocate Prashanth Bhushan.  Second  compare. AP Chief Minister Jagan Reddy with TV comedian  Kunal Kamra. 

Judges & Police lack professionalism. SHAME  SHAME  JUDGES & POLICE. 

SHAME  SHAME  to family  members of such corrupt  judges & corrupt  police, who enjoy luxurious  lifestyle  out of their spouse's  ill gotten  money.

Will apex court protect liberty for all citizens?

The administering of justice should never be selective, or so lacking in humanity that it revolts the human conscience.

The Supreme Court of India upheld the principle of personal liberty by granting interim bail to Republic TV’s chief Arnab Goswami in a 2018 case where he is accused of abetment of suicide. This is a good thing. There are some who do not like Goswami’s views, or the abusive felicity with which he name-calls and verbally humiliates his ideological “opponents” or demeans those whom he does not like. However, anyone’s personal likes and dislikes are not material to the protection of his or her constitutional rights. If his personal liberty has been unfairly violated, and he deserves to get bail, he should not be arbitrarily kept in prison by the law enforcement machinery of a state government with which he is at loggerheads.

It was heartening for citizens to hear the clarion call of Justice D.Y. Chandrachud: “If we as a constitutional court do not lay down the law and protect liberty, then who will?” The message was clear. The highest court in the land will intervene to protect personal liberty at any cost, list a case of this nature with lightning speed, overrule the standard judicial procedures like first pursuing a bail petition before the designated lower court, and hear the petition even if means working on the weekend. This is also a good thing.    

However, such heartening news may not have bought much hope to Father Stan Swamy, who is languishing in Taloja jail in Navi Mumbai.  The 83-year-old tribal rights activist has been incarcerated since January 2018 for his alleged Maoist links in the Elgar Parishad case. On November 6 this year, Swamy moved a petition before the National Investigation Agency special court in which he asked for a straw or a sipper cup in jail. “I cannot hold a glass as my hands are unsteady due to Parkinson’s (disease)”, his petition said. He was asking not for big things like personal liberty and freedom. His only request was for a sipper cup or a paper straw so that he could drink water without spilling.  A straw or a sipper are not dangerous items, nor are they luxury items which prisoners should not have. But that request does symbolise some things as important as personal liberty, which the Supreme Court so vigilantly defended. It symbolises a human being’s legitimate craving for dignity;  of his supplication for compassion; of his expectation of humane treatment; of his hope in a caring system for those in deep medical distress. The special court judge who heard this desperate petition simply asked the NIA to file its reply on the matter on November 26. 

For 20 days Father Stan Swamy will continue to wait with his trembling hands for a straw or a sipper to be provided to him. The NIA will get twenty days to consider whether such a request should be conceded to.  And there is no guarantee that when it does file its reply on November 26, it would accede to the request. The legal position in the matter may require further deliberation. The rules need to be checked out for “dangerous” prisoners. If these don’t provide for a straw to be given to prisoners, how can an exception be made? After all a sipper, that would enable an 83-year-old prisoner suffering from advanced Parkinson’s disease to take a sip of water, could sabotage the interests of the state. 

Perhaps the honourable Supreme Court could take suo motu cognisance of such matters as well. Travesty of justice has many forms. In some cases, the rule book is thrown at those deprived of personal liberty, who languish in prison for months without bail. In others, matters are fast tracked at incredible speed, and the judiciary makes public its unwavering commitment to protect personal liberty. Perhaps, the highest court of the land will also then take steps to ensure that the personal liberty of people like the octogenarian Varavara Rao, who has been repeatedly denied bail, and not given permission to be admitted to hospital. The 80-year-old poet, teacher and activist, who has been in jail without trial since 2018, again for alleged Maoist links in the Elgar Parishad case, “was found lying on a soiled bed soaked in urine with no one to attend to him”. His health is extremely precarious; he has suffered deliriums in jail, where he also contracted the Covid-19 virus. Perhaps the Supreme Court may also ask its judicial subordinates why bail in the case of a pregnant Safoora Zargar, arrested for participating in the protests against the Citizenship Amendment Act, took as much as 70 days to be processed.

The nation looks upon the Supreme Court, and the judiciary in general, as an agency of the last resort to get justice. When the Supreme Court declares that it will intervene proactively to ensure personal liberty, it raises, in the thousands of prisoners who are for untenable and inhumane reasons being denied personal liberty, the possibility of hope.  Surely, the Government of India is not so vulnerable that it treats people above the age of 80 who are nearly disabled, as “enemies” who can destabilise the State. The administering of justice should never be selective, or so lacking in humanity that it revolts the human conscience. When Father Stan Swamy is given the freedom to drink water with a semblance of dignity, we will believe that the Supreme Court’s concern for Arnab Goswami has a larger meaning and a message for the conduct of the judiciary as a whole.

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

  WhatsApp  91  8970318202

Home page :

http://di.dalitonline.in 

https://di-weekly.blogspot.com  

Contact  :  DI@dalitonline.in  , deccan.inquirer@gmail.com  

Crimes by RPG & Reliance Groups

 DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.28…...........02/12/2020

RTI APPLICATION TO  CPIO  DEPARTMENT  OF TELECOMMUNICATION , GOI NEW DELHI

Refer RTI APPLICATION No :

DGTHQ/R/E/20/00104

 

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.  Did KTL / RPG TELECOM  / RPG CABLES  violate norms laid  down  by DOT / BSNL , etc ? 

16. RPG cables taking orders for cables from government but getting it manufactured in  Concepta cables and vice versa,  is it legal ? What action by DOT , BSNL , MTNL ,etc ?

16. To my  previous  rti requests and appeals you gave half truth information  to few questions and for most questions you didn't  answer. Your denial of information  helped  crime cover ups and aided criminals  to escape & commit  more crimes unabated. Crime cover up and aid to crime in itself is one more crime. Why should not you be together with Secretary DOT  legally prosecuted for the same.

17. Give me the list of  legal actions taken by DOT  against Reliance Infocom and Reliance Jio for recovery of public money viz failure to pay switching fees , loss of money due to getting license for  data only paying lowest money  but getting freebies  of voice / telecom service at the cost of data only , rerouting of international  calls  as local calls , for failure to pay charges for using  telecom infrastructure of DOT , BSNL, MTNL.

18.  Is license issued to Reliance  infocom  and Reliance  Jio  legal ?

19. BSNL, private players like jio levy penalty , interest on post paid telephone subscribers when they make delayed bill payments. After certain period service  line itself  will be ruthlessly cut. When this is the ground reality why Jio and other private telecom players are given twenty years period by supreme court in addition to discounted rate. Has the DOT submitted an appeal in the Supreme Court of India for the review of it's order ( by Justice Arun Mishra ) regarding AGR dues ?

20. Why not yet DOT stopped providing telecom infrastructure service to defaulting private telecom companies ?

21. Is it not loss to public exchequer ? Beneficiaries ?

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

  WhatsApp  91  8970318202

Home page :

http://di.dalitonline.in 

https://di-weekly.blogspot.com 

Contact  :  DI@dalitonline.in     , deccan.inquirer@gmail.com 

Custodial Torture

 DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.27…...........25/11/2020

RTI  request to  Honourable Chief Justice  of  India and  Honourable  Chairman National Human  Rights  Commission  New Delhi

Refer  RTI applications no :  JUSTC/R/E/20/01830  and 

NHRCM/R/E/20/00513

Honourable  Sir,

     First of all our salutes, whole hearted respects  to honest few in police , judiciary and public service. It is an appeal to those honest few to catch hold of their  corrupt colleagues. Both of  you take lakhs of rupees salary, enjoy 5 star bungalow, flight travel , perks , etc  all at  tax payer's  expense , still  don't  do your constitutional duties properly. SCI doesn't  even admit our PILs concerning national security , accountability of public servants , etc  although I have suffered  murder attempts, physical assaults, job loss , etc in my crusade. But SCI has got enough time to hear cases of cricket , movies. Whether NHRC  consists of  humans or not  needs a clarification. They lack humanness, empathy.  To my RTI requests SCI cites various  sections of law just like criminals, thieves  to evade truth. NHRC  too cites various sections of law to evade truth ,  to evade taking legal action. It is  Crime cover up, which is one more crime by them. Both of them must  first read the  third grade acts of police , judges at below articles and  following web sites : 

https://dalit-online.blogspot.com/2020/04/rogue-police-judges.html?m=1  ,

https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-to-corrupt-police-judges  ,

 In fact, following the landmark 1997 DK Basu vs West Bengal case, the Supreme Court laid down some basic guidelines to prevent custodial abuse which have been absorbed into the Code of Criminal Procedure.

These directions have to be followed by the police. Refusal to do would result in contempt of court.

Both of you  please give me information  regarding following  :

1. List of legal action taken by SCI & NHRC  against guilty police , judges involved in crimes against humanity , 3rd degree torture by police  case wise  since last 20 years.

2. List of legal action taken by SCI & NHRC  against guilty police , judges involved in crimes against humanity , 3rd degree torture by police   with regards to  cases  mentioned in  above web sites.

3. Legal steps taken by SCI & NHRC to  prevent  recurrence of 3rd degree torture by police , remand judge failing to protect health , safety of  accused and government doctor failing  to record  actual health status of accused. List of actions taken by SCI & NHRC against  such guilty judges and government  doctors  who aided  guilty police in covering up 3rd degree  torture by police on suspects.

4. List of Police who were booked on murder charges  for inflicting 3rd degree torture on  suspects.

5. List of police who were prosecuted for contempt  of SCI  with regards  to  violation of  SCI guidelines on arrest procedure and illegal 3rd degree torture by police.

6. List of actions taken by SCI and NHRC against police involved in torture , lathi charge of  farmers, farmer's family members during  MAHADAYI RIVER PROTEST in karnataka.

7. List of actions taken by SCI and NHRC against police involved in torture of tribals in MALE MAHADESHWARA HILLS karnataka during Operation catch forest brigand  Veerappan.

8. List of actions taken by SCI and NHRC against police involved in torture of tribals based on NHRC fact finding committee and  Justice A J Sadashiva findings.

 

If anything untoward happens to me or to my family members , Honourable  Chief Justice of India , Honourable  Chairman  NHRC together with jurisdiction police and district magistrate  will be responsible for it.

Date : 28.06.2020               Thank you,

Place : Mysuru                     Nagaraja  Mysuru Raghupathi 

How Tamil Nadu Police’s brutal act of revenge claimed lives of a father and son

Historically, the Tamil Nadu police is notorious for highhandedness and third-degree torture methods.

By  Arun Janardhanan 

The death of a father and son due to alleged custodial torture in Sathankulam town near Thoothukudi in Tamil Nadu has sparked rage across the state. The Tamil Nadu Traders Association downed shutters across the state on Wednesday. Victims were traders belonging to the Nadar community, a socially and politically powerful community in southern Tamil Nadu.

What was the series of events that led to the deaths in police custody?

P Jeyaraj, 62, who worked at his mobile shop at Sathankulam town, was taken in custody on June 19 evening.

Jeyaraj allegedly made some critical remarks about a police patrol team on June 18 for insisting shop owners to shut shops early for lockdown rules. An auto driver had informed police about remarks and the police team had come the next day to take him in custody. After an agitated police team had taken Jeyaraj in custody, his son, J Bennix, 32, followed the police team to the station.

At the Sathankulam police station, a senior police officer said, Bennix saw his father being physically harassed by an officer. An agitated Bennix questioned the officer, tried to stop the officer or pushed him to protect his father in his 60s. “It had provoked the police team, they thrashed both father and son for hours. There were two sub-inspectors and two constables in the torture team. A total of 13 officers were there at the station during the incident, including volunteers part of Friends of Police,” the officer said.

The alleged lockdown violation charge on Jeyaraj was something that would have got him a maximum of three months imprisonment if he was found guilty.

What happened the next day?

June 20. Jeyaraj’s family who waited outside the station till midnight got to see the father and son in the morning in “bad shape.” They were taken to the Sathankulam government hospital. Jeyaraj’s veshti and Bennix’s pants were fully soaked in blood. They had to keep changing lungis at the hospital due to severe bleeding. Policemen asked the family to bring “dark colour lungis”.

After three hours at the hospital, they were then taken to Sathankulam magistrate court.

Joseph, Jeyaraj’s brother in law who witnessed the scene, said the magistrate waved his hand from the first floor of the building as the police team stood outside. Both were sent on remand to Kovilpatti Sub Jail in a few moments.

The family had no news about the father and son till June 22 evening, when they were shifted to the nearby government hospital. Due to continuous bleeding and severe external and internal injuries from alleged lock up torture, Bennix died late evening on June 22, and Jeyaraj died in the wee hours on June 23.

What action has been taken?

Even as two FIRs have been filed, no officer has been booked for murder charges. Following the outrage and protests, four police officers including two sub-inspectors have been placed under suspension. The station inspector has been transferred. A judicial inquiry is in progress, post mortem report has been submitted to the Madras High Court in a sealed cover, and the court is waiting for a report from police.

The state government has announced a compensation of Rs 20 lakh for the victim family. DMK’s Thoothukudi MP Kanimozhi declared a compensation of Rs 25 lakh for the family.

Is there a communal angle?

Jeyaraj’s family belonged to the Nadar community. Multiple accounts from witnesses, relatives of victims and police show that the case had no direct communal angle but it was a brutal revenge by police officers, first for Jeyaraj’s alleged remarks against the police patrol team and for Bennix’s alleged attempt to physically stop, push away, an officer who was beating his father.

Are such incidents prevalent in Tamil Nadu police?

Historically, the Tamil Nadu police is notorious for highhandedness and third-degree torture methods. Senior officers would call it a normalised practice for several decades, from the British era.

In Chennai city, it is a normalised practice for police sources to release photos of the accused in police custody with fractured arms and legs. “Slippery toilets” at the station would be cited as a reason for their fractures, the same would be reported to the magistrate during the remand process, a normalised extra-judicial punishment “to criminal elements.” Like in many states, it is to be noted that there are often a handful of senior-most officers at the top level who would be endorsing such extra-judicial practices in private talks for their flawed understanding about criminals and their origins.

Did the judiciary too fail in this case?

K Chandru, a retired judge of Madras High Court, said even during the emergency, people had the right to approach the court. “But the latest lockdown scenario had shifted full powers to the police and bureaucracy. That when the High Court itself talks about the pandemic being equal to Emergency and that the officials must be given due weight of the situation, it sends a wrong signal to the magistracy. There are innumerable instances where they deviate from protecting the constitutional rights of the citizens.”

In this case, the judicial magistrate should be dismissed from service for judicial impropriety and misconduct, the former Justice said, adding it was his job to check on injuries and bleeding, he should have raised questions to police and accused instead of remanding them with an order saying “no complaints”.

ಪೊಲೀಸ್ ಠಾಣೆಯಲ್ಲೇ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಎಸಗಿದ ಇನ್ಸ್‌ಪೆಕ್ಟರ್ ಅಮಾನತು..!

ಬೇಲಿಯೇ ಎದ್ದು ಹೊಲ ಮೇಯ್ದಂತೆ ಅನ್ನೋ ಹಾಗೆ ರಕ್ಷಣೆ ಕೊಡಬೇಕಾದ ಪೊಲೀಸರು ಪೊಲೀಸ್ ಠಾಣೆಯಲ್ಲೇ ಅಪ್ರಾಪ್ತ ಬಾಲಕಿಯ ಮೇಲೆ ಅತ್ಯಾಚಾರ ಎಸಗಿದ ಘಟನೆ ಒಡಿಶಾ ರಾಜ್ಯದ ಸುಂದರ್‌ಘರ್ ಜಿಲ್ಲೆಯಲ್ಲಿ ನಡೆದಿದೆ.

ಒಡಿಶಾ: ಅಪ್ರಾಪ್ತ ಬಾಲಕಿ ಮೇಲೆ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಎಸಗಿ ಅಬಾರ್ಷನ್‌ ಮಾಡಿದ ಆರೋಪದಲ್ಲಿ ಪೊಲೀಸ್ ಇನ್ಸ್‌ಪೆಕ್ಟರೊಬ್ಬನನ್ನು ಕೆಲಸದಿಂದ ಅಮಾನತು ಮಾಡಲಾಗಿದೆ.

ಒಡಿಶಾದ ಬುಡಕಟ್ಟು ಸಮುದಾಯದ ಜನರ ಪ್ರಾಬಲ್ಯವಿರುವ ಸುಂದರ್‌ಘರ್ ಜಿಲ್ಲೆಯಲ್ಲಿ ಈ ಘಟನೆ ನಡೆದಿದ್ದು, ಆರೋಪಿ ಬಿರಾಮಿತ್ರಪುರ ಪೊಲೀಸ್ ಠಾಣೆಯ ಇನ್ಸ್‌ಪೆಕ್ಟರ್‌ ಆನಂದ್ ಚಂದ್ರ ಮಾಝಿ ಮತ್ತು ಇತರ ಐವರು ಬಾಲಕಿ ಮೇಲೆ ಅತ್ಯಾಚಾರ ಎಸಗಿದ್ದಾರೆ.

ಕಳೆದ ಮಾರ್ಚ್‌ 25ರಂದು ಬಿರಾಮಿತ್ರಪುರದಲ್ಲಿ ಪ್ರತೀ ವರ್ಷ ನಡೆಯುವ ಜಾತ್ರೆಯನ್ನು ಕಣ್ತುಂಬಿಕೊಳ್ಳಲು ಬಾಲಕಿ ಬಂದಿದ್ದಳು. ಆದರೆ ಲಾಕ್‌ಡೌನ್‌ ಇದ್ದಿದ್ದರಿಂದ ಜಾತ್ರೆಯನ್ನು ರದ್ದು ಮಾಡಲಾಗಿತ್ತು. ಈ ವೇಳೆ ಮನೆಗೆ ಹಿಂತಿರುಗಲು ಬಾಲಕಿ ವಿಫಲವಾಗಿ ಅಲ್ಲೇ ಬಸ್‌ಸ್ಟ್ಯಾಂಡ್‌ನಲ್ಲಿ ತಿರುಗಾಡುತ್ತಿದ್ದಳು. ಇದನ್ನು ಗಮನಿಸಿದ ರಾತ್ರಿ ಗಸ್ತಿನಲ್ಲಿದ್ದ ಪೊಲೀಸರ ತಂಡ ಆಕೆಯನ್ನು ಪೊಲೀಸ್ ಸ್ಟೇಷನ್‌ಗೆ ಕರೆತಂದಿದ್ದಾರೆ.

ಅಪ್ರಾಪ್ತ ಬಾಲಕಿಯನ್ನು ಪೊಲೀಸ್ ಠಾಣೆಗೆ ಕರೆತಂದ ಬಳಿಕ ಇನ್ಸ್‌ಪೆಕ್ಟರ್ ಸೇರಿದಂತೆ ಠಾಣೆಯಲ್ಲಿದ್ದ ಇತರೆ ಪೊಲೀಸ್‌ ಸಿಬ್ಬಂದಿ ಆಕೆಯ ಮೇಲೆ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಮಾಡಿ ಮರುದಿನ ಆಕೆಯ ಮನೆಗೆ ತಲುಪಿಸಿದ್ದಾರೆ. ನಂತರ ಆಕೆ ಗರ್ಭಿಣಿಯಾಗಿರೋದನ್ನು ಅರಿತ ಪೊಲೀಸರು ವೈದ್ಯರ ಮೂಲಕ ಗರ್ಭಪಾತ ಮಾಡಿಸಿದ್ದಾರೆ.

ಘಟನೆಯ ಸುದ್ದಿ ತಿಳಿದ ಜಿಲ್ಲಾ ಮಕ್ಕಳ ಸಂರಕ್ಷಣಾ ಅಧಿಕಾರಿ ಎಸ್ ಜೇನಾ ಅವರು, ಪೊಲೀಸ್‌ ಇನ್ಸ್‌ಪೆಕ್ಟರ್‌, ಗರ್ಭಪಾತ ಮಾಡಿದ ವೈದ್ಯ, ಬಾಲಕಿಯ ಮಲತಂದೆ ಮತ್ತು ಇನ್ನಿಬ್ಬರ ವಿರುದ್ಧ ದೂರು ದಾಖಲಿಸಿದ್ದರು. ಇದೀಗ ಘಟನೆ ನಡೆದ ಮರುದಿನವೇ ಇನ್ಸ್‌ಪೆಕ್ಟರ್‌ನನ್ನು ಕೆಲಸದಿಂದ ಅಮಾನತು ಮಾಡಲಾಗಿದೆ. ಕೆಲವು ಆರೋಪಿಗಳು ತಲೆಮರೆಸಿಕೊಂಡಿದ್ದು ಅವರ ಪತ್ತೆಗಾಗಿ ಬಲೆ ಬೀಸಲಾಗಿದೆ.

PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2018

IN THE MATTER OF

NAGARAJA . M.R

editor DALIT ONLINE

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

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Union Home Secretary , GOI

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:

Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth. Recently in many high profile cases like Sohrabuddin fake encounter case witnesses are turning hostile , but courts are not taking action against the responsible police. In few other cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even when the accused appeals to judge for his protection from 3rd degree torture by police , judge still remands him to police custody. Example Gauri Lankesh case.

2. Question(s) of Law:

Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ? When police or others use 3rd degree torture on accused , witnesses , etc are NOT such Police & Judge Punishable ?

If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not police torture former DGP for his involvement in lottery scam ? Why not police torture their colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.

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 cases to perform their duties.

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 , GOI , Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.

c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.

d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.

e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.

f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.

g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.

h. Hereby , I do request the honorable supreme court of India to order Government of Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the presiding judge of the case who failed to do his duty in protecting the accused.

i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either now they are under police threat, pressure &are lying orelse years back they were under police threat , pressure and lied previously. Either the present police are guilty or the previous ones. Therefore honourable court must first prosecute responsible police for criminal charges of covering up crime, cheating & misleading the court , contempt of court. Also the advocates of case at that time who together with guilty police mislead the court must also be prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of ruling elite who always wins.

j. to order state police , central intelligence to subject the police officials , judges also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.

k. 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.

Dated : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.

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

PIL – Compensate Prisoners illegally detained

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

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:

"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.

Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.

As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.

As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.

India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.

Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.

Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.

Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.

It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.

2. Question(s) of Law:

Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ? 

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.

4. Averment:

Prosecute Sanjay Dutt under TADA

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,

Traitors in Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,

Crimes by Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST Answer Judges Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

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 cases to perform their duties.

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 , Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.

c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.

d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.

e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.

f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.

g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.

h . 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.

Dated : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Crimes by policemen, a matter of concern

 

By D V Guruprasad,  , Former DG & IGP Karnataka

 

 

Sometime ago, when Delhi Chief Minister Arvind Kejriwal made a comment that “policemen are criminals in uniform”, there was outrage in the Delhi Police. A similar comment made earlier by a judge resulted in similar reactions. 

Recent incidents in Bengaluru involving policemen, both serving and retired, in criminal activities makes one feel that may be such comments are not entirely unfounded. In the last week alone, Bengaluru police arrested a retired deputy superintendent of police (DySP) and seven serving policemen on charges of robbing businessmen post demonetisation drive.

Few years ago, some police officers in Mysuru allegedly stopped a bus going to Kerala, detained a passenger and knocked off a huge amount of cash he was carrying. On his complaint, an investigation was conducted and some serving police officers were charged for the crime.

Earlier in the past, crimes alleged against police personnel used to centre around their corrupt activities or custodial violence. We had even heard of cases where stolen property recovered from the accused were misappropriated by unscrupulous police officers. 

However, policemen themselves planning and plotting robberies and dacoities were rare indeed. The fact that such incidents are now occurring frequently indicates that something is seriously wrong. 

There is no easy answer to the question as to why policemen turn criminals. Lure of quick and easy money, constant interaction with criminals and inherent behavioural problems may be cited as some reasons. 

But the larger question is how do such people get into the police force in the first place? Is there no system to screen such people from entering the system? Police recruitment does not have a system of identifying potential wrong doers. 

Usually physical efficiency test, written test and personal interviews are held for selection. Police departments of five states are now incorporating questions related to assessment of a person’s psychological makeup into the written test. 

But potential misfits are not flagged and removed based on their answers. In personal interviews of police sub-inspectors in Karnataka, a psychologist is part of the interview board. But no candidate seems to have been rejected based on the psychologist’s assessment.

Since it is difficult to prevent a person with criminal mind in getting selected into the police wing, it is incumbent upon police top bosses to inculcate values during induction training. While some states have introduced ethics as one of the subjects for police training, many still concentrate on subjects like law and police duties. 

It is also a well-known that police training does not get the importance it deserves. Hence even at this stage, undesirable persons do not usually get weeded out. 

If a person with a criminal mind manages to get selected and gets confirmed in the police force, the only way to make him pursue a path of law is by constant supervision. It is a pity there are no periodical assessments to gauge the mental makeup of a police constable or a sub-inspector. 

The department normally goes by whatever is written by seniors in the Annual Appraisal Reports (ARRs). More often, these reports are written routinely. In the armed forces or in the central police forces, an assessment of a person’s performance and mental makeup is periodically made and black sheep are mercilessly weeded out. 

As per the data of the National Crime Research Bureau (NCRB), the total number of criminal cases registered against policemen were 1,989 in 2013; 2,600 in 2014 and 5,526 in 2015. Of these 5,526 cases, Kerala itself accounted for 3,080 cases, whereas Karnataka reported only 84 cases. Considering that people in general do not make complaints against policemen in India, this figure is alarming. 

Rare punishments

Out of the 5,526 cases, 4,367 cases were charge sheeted and in 1,512 cases police personnel were arrested. However, the total number of police personnel convicted is only 25. These figures indicate that wrongdoers rarely get punished. 

Can such crimes be stopped? The answer is ‘no’. There will be black sheep in the department. However, such crimes can be minimised. 

This can be done by screening the applicants for police jobs by using well established psychometric tests, instilling strong sense of values during training and having periodic refresher training courses, taking strict action including dismissing from the service against those with criminal bent of mind and constantly monitoring the activities of at least those police men who come to adverse notice. 

Whistle blowers in the department need to be encouraged and protected. Efforts should be made to see that those police men charge sheeted for serious crimes do not escape punishment. 

Merely having a Police Complaints Authority in every state does not solve the problem. A system of policing the police needs to be introduced. If police leaders do not sit up and take corrective measures, the situation will go out of hand.

 

 

CRIMINALS IN POLICE UNIFORM

- An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,

brutality & corruption . in India, police are not impartially enforcing

law instead are working as hand maidens of rich & mighty. The corrupt

police officers are collecting protection money from criminals ,

collecting money to go slow on investigations , to file B- reports , to

fix innocents in fake cases , to murder innocents in lock-up /

encounters . they are hand in league with land mafia , today C.M of

Karnataka himself issued a warning to police officials about this.

Even in lock-ups , jails, the rich inmates bribe

officials get better food from outside , mobile phones , drugs , drinks

, cigareetes , etc. they get spacious cells & get best private medical

care . where as the poor inmates are even denied food , health care ,

living space as per the provisions of law. The corrupt jail officials

instigate rowdy elements in the jails to assault poor inmates & to toe

their line. More corrupt the police more wealthier he is. Even CBI

officials are no different. The only beacon of hope is still there are

few honest people left in the police force.

Hereby , e-voice urges you to make public the following

information in the interest of justice.

1.how many CBI officials & Karnataka state police officials are facing

charges of corruption , 3rd degree torture , lock-up/encounter deaths

, rapes , fake cases , etc ?

2.how you are monitoring the ever increasing wealth of corrupt police

officials?

3.how many officials from the ranks of constable to DGP have amassed

illegal wealth?

4.what action you have taken in these cases ? have you got

reinvestigated all the cases handled by tainted police?

5.how many policemen have been awarded death penalty & hanged till

death , for cold blooded murders in the form of lock-up deaths /

encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,

subsequent police complaints ?

is it because rich & mighty are involved ?

7.e - voice is ready to bring to book corrupt police officials subject to

conditions, are you ready ?

8.how many police personnel are charged with violations of people's

human rights & fundamental rights ?

9.how many STF police deployed to nab veerappan were themselves

charged with theft of forest wealth?

10.how you are ensuring the safety , health , food , living space of

inmates in jails?

11.how you are ensuring the medical care , health of prisoners in

hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of

inmates in juvenile homes ?

My 75 days of horror in the hands of Anti-Terror Squad

 

The Milli Gazette23 Oct 2010

 

 

In the police custody of 75 days, I never forget the words of Asstt. Commissioner of Police late Shri Vinod Bhatt, who committed suicide in the second week of August. Before his suicide, during interrogation he told me that he was under immense pressure from his senior officers to implicate us falsely in Mumbai train blast case and he also promised that he will try his best not to implicate all of you innocent people till he is alive.

Here is the story of Ehtesham Qutub in his own words how he was detained and tortured for two and half months by the Mumbai Anti-Terrorism Squad during the 7/11 blast investigations. He is resident of 202, Safiya Manzil, Naya Nagar, Mira Road (E), Distt. Thane, Maharashtra - 401107. He is currently lodged in a Mumbai jail where his address is: UT-1129/10, 2/4 (Anda Cell), Mumbai Central Prison, Arthur Road, Mumbai. According to an estimate around one thousand such Muslim youths are currently lodged in Indian jails on mere suspicion, concocted evidence mainly confessions extratcted through inhuman torture.

My name is Ehtesham Qutubudin Siddiqui, age: 29 years, occupation: Book Publisher. I was born in Uttar Pradesh in a poor family. In the year 1996, I moved to Mumbai for further education. My residential address in Mumbai is 202, Safiya Manzil, Naya Nagar, Mira Road (East), Thane – 401107 Maharashtra. I completed my XII standard through Maharashtra College, Belasis Road, Mumbai Central. I took admission in Narayan Nagu Patil Engineering College, in Pen. Raigad through Mumbai University in Chemical Engineering course in 1998. I used to stay in a hostel near the campus. However, during my vacation and holidays, I used to visit Mira Road which is my residential permanent address.

On 27 September, 2001 while I was travelling from Pen to visit my house, on the way, I thought of visiting a library situated at Feetwala Compound, Kurla (West) Mumbai, for reading some books. That evening around 8:00 pm, some policemen came in the library and took me along with seven other people to Kurla Police Station. They did not tell me the reason for detention, and arrested me under section 10&13 of Unlawful Activities (Prevention) Act 1967. They informed me that Students Islamic Movement of India has been declared as a banned organisation. They informed me about the offence only after the arrest i.e. when they produced me before Magistrate of Kurla Court. The truth is that I was never associated with any organisation which is mentioned above. The Hon’ble magistrate of Kurla court had released me on bail of Rs. 3000. However the Kurla police, instead of releasing me took me to the police station and put me inside the lock up and said that I have been arrested in another case of the same offence. Kurla police has framed me in false cases which I had nothing to do with, and they have spoilt my reputation in society. In regard to second false case, the police took 15-day custody. After 15 days, I was granted bail of Rs. 8000 security. As it was a conditional bail. I could not continue my studies which resulted in the end of engineering course. After that, I learned Desktop Publishing on my Personal Computer and started a DTP business from my house in Mira Road known as "Graphic Point". In March 2004, I started a publishing company known as "Shahadah Publishing House" publishing Islamic literature and books on general knowledge. In July 2003, I had taken admission in B Sc to complete my graduation through Indira Gandhi National Open University. But due to my arrest and false implication in 11th July 2006, Mumbai serial train blast case my whole career has gone for a toss.

Due to old record in Kurla police station, it had become a regular routine of detaining me. Every time or whenever any incident took place in Mumbai, I was called by police for a formal interrogation. Besides those two false cases registered by Kurla police,. I do not have any other criminal record as I was living a normal life in Mumbai.

On 11 July, 2006, serial bomb blasts took place on Western Railway during peak hours, that time I was at home. When I learned about the blast at Mira Road, I went to the blast site to help the victims. I knew very well that police will come to me for formal enquiry like the regular police routine, that had been a trend since 2001. Hence senior police Inspector namely Murade of Mira Road police station came to my house on 13 July, 2006 in evening time and asked me to come to the police station on the next day. On 14 July, 2006 at 11:00 am, I went to Mira Road police station to meet Sr. PI Murade. He questioned me about my whereabouts and asked me for my phone number, which I gave him (28115084) and left the police station. He also told me that if required for further investigation I will be called.

 

Torture position 1: Hitting the victim by flour mill belt on the inner part of hand, buttock and feet about 200 times per spell leaving part of hand and feet in blue colour with strong pain during torture. Other body parts too were hit by this belt any part of body

On 24 July, 2006, in the morning around 11:00 am, police sub-Inspector Sunil Mane of Anti-Terrorism Squad (ATS) unit-II, visited my house and asked me to come at Nagpada ATS office, the same day before 3:00 pm. That day I went to Nagpada ATS office at around 2:00 pm. I met PSI Sunil Mane and he told me that senior officials will interrogate me so they will take me to Bhoiwada ATS office. Upon reaching Bhoiwada ATS office, PSI Sunil Mane took me to the second floor in lock up, where he called PI Vilas Joshi, PI Dinesh Ahir, PSI Shailesh Gaekwad and other beating me with belts and sticks and continued beating me till evening. Later they took me from Bhoiwada to Nagpada handcuffed. They did not allow me to inform my parents or any of my relatives. When I was taken from Nagpada to Bhoiwada, before taking me inside the lock up, they emptied my pockets during my physical search. They took away my mobile, ATM card, PAN card and Rs. 25.000 cash, which I was carrying off, with which I wanted to purchase a personal computer. PSI Sunil Mane only made entry of ATM card, PAN card and mobile in panchnama. However they distributed the Rs. 25000 cash among themselves. On 29 July, 2006, when PSI Sunil Mane was prepreparing panchnama, I noticed that he did not mention the Rs. 25.000 cash in the recovery. upon which I asked him about the money. I was surprised by his reply: "bhool ja be tere paise!" (forget your money) 

Anti-Terrorism Squad (ATS) detained me illegally from 24 July, 2006 to 29 July, 2006, as I was not produced before any Magistrate till 29 July, 2006. During this period ATS officers continued beating me for several hours everyday.

ATS officers had searched my house in my absence, as I was in their custody. They took all the books and literature which was published recently into their custody. ATS officers had taken all valuable things from house, which I saw in ATS office and which included computer, printer, drill machine, tape recorder, Rs. 10.000 cash, blankets etc. ATS officers chose two books namely Jihadi Azkar and Islam ki Rooh-Jihad fi Sabilillah, which described basic fundamentals of Jihad in Islam, and contains verses of Qur’an and saying of Prophet Muhammad (pbuh), and does not contain any inflammatory material and is easily available in the market. On the basis of these two books they arrested me on 29 July, 2006 and produced me before Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai and took me on 15 days police custody u/s 10&13 of Unlawful Activities (Prevention) Act 1967. I was surprised when charge sheet was filed and one book namely Jihad fi sabilillah-kyon added in recovery which was not at my house. I wanted to tell many things to magistrate about the torture and illegal detention but ATS threatened me not to say anything to magistrate or else they will torture me more severely using third degree torture methods, therefore I could not tell any thing to the magistrate.

 

 

Torture position 2: Giving shock using an electric current machine by making the victim nude. They tie wire on thumbs of legs and private parts of body, then current is passed at regular intervals. 

ATS officer took me to unit-II office and they started beating me, they never told me any thing why they had arrested me but kept beating me. While torturing they used to say that too musalman hai isliye tere ko mar rahe hain (You are Muslim therefore we are thrashing you) with every blow they used to abuse my religion and said tere ko yehan koi nahi bachayega (No one will save you here). On 03 August, 2006 I was cruelly tortured by PSI Shailesh Gaekwad, PSI Sunil Mane and PI Vilas Joshi and asked me to accept the said crime of bomb blast in front of senior officials of ATS because of the torture I agreed to do whatever the ATS officers told me to do. After which they took me to ATS head office, where ATS Chief KP Raghuvanshi and DCP Naval Bajaj were seated in the office. There in front of these senior officers I complained about the torture that PSI Shailesh Gaekwad, PSI Sunil Mane and PI Vilas Joshi had done, and I also told ATS chief KP Raghuvanshi, that I am innocent and they are trying to involve me in the blast case. But to my surprise KP Raghuvanshi slapped me and told the officers that this torture was not enough and asked them to take me to Bhoiwada and beat me black and blue. I completely lost faith in the senior-most officers as well as junior officers because this fraud of framing innocent people was ordered by senior officers of ATS including ATS chief. That on next day i.e. on 05 August, 2006 an officer namely PI Sunil Deshmukh took me to Chandan Chowki at Juhu where the officers conducted Narco analysis test which was illegal and without permission of court, and the officers from Forensic Science Laboratory, Mumbai were also present there. Before taking me to Chandan Chowki, I was taken for medical check up at KEM Hospital, where I had complained about the torture, the medical officer present there referred to get x-ray and gave some medicines. However the medical reports were false and no report of torture was registered. After the illegal Narco test DCP Naval Bajaj told me that, I confirm that you are innocent and we will transfer you to judicial custody on 12 August, 2006. However the next day I was taken to Nagpada unit-II by PI Dinesh Ahir, and upon reaching there he along with other officers tortured me and also gave electric shock on my private parts. After torturing me for ten hours they left me back to Bhoiwada lock up.

 

 

Torture position 3: After removing clothes, the victim is made to sit on floor with both hands tied behind by rope; thereafter both legs are stretched in opposite direction making 180 deg. angle. 

On 12 August, 2006, ATS officers arrested me in Mumbai train serial blast case and took on police custody for two days. ATS officers told me that I will be sent to Judicial custody on 14 August, 2006. However on 14 August, 2006, they took police custody upto 25 August, 2006. On the same day I was taken to Kurla in Vijay Salaskar’s anti-Robbery Squad office which is also a torture room. There the officers beat me with belt and stick and then they handcuffed me to the window and did not allow me to sleep and I remained standing whole night.The same night ie. in the night of 59th anniversary of Independence day, horrifying torture were carried out by Vijay Salaskar’s men on the family members of an accused namely Faisal Shaikh, who is under arrest in the Mumbai train serial blast case. These tortures are a great shame for nation as our country became Independent on the ideology of "ahinsa" propounded by father of nation Mahatma Gandhi. In front of us Vijay Salaskar’s men had removed the dress of 75 year old Faisal’s father and beat him with belt. They also insulted the modesty of woman by uncovering the face of wife of Faisal’s brother, which was covered by veil.

On 21 August, 2006, PI Vilas Joshi, API Survey of Nagpada unit took me to Ujjain by train. There ATS officer showed me a hut 20 km away from Ujjain city. After that they told me that now you had attended a meeting held in 1st week of July at the said place. I was stunned and surprised because they falsely implicated me in the said meeting. On 24 August, 2006, I was taken back to Bhoiwada lock up.

On 25 August, 2006, I was produced before Hon’ble Judge of Mazgaon Court and ATS again took me in police custody till 08 September, 2006 in another case of Mumbai serial train blast registered by Andheri Railway Police Station. ATS officers did not allow me to sleep for six consecutive days. During this period an officer from Ahmadabad, Gujarat namely DG Vanzara also interrogated me and also abused and tortured me. He said that you are in Mumbai that is why you are alive, if you were arrested in Gujarat, I would have done your encounter. DG Vanzara told Naval Bajaj that the arrested accused are Muslims, therefore implicate them in the blast case to avoid public reaction and pressure from the government, and if required shoot any of them and show that they were trying to escape from custody.

 

 

Torture position 4: Victim is tied to a chair so that he is unable to move his head in any direction; water is dropped slowly on his scalp for hours causing very strong pain in neck and head. 

On 05 September, 2006, I was taken to ATS Head Office, where police commissioner AN Roy, ATS chief KP Raghuvanshi, Adl. CP SK Jaisawal, Jaijeet Singh were present. However Jaijeet Singh and SK Jaisawal left the room. KP Raghuvanshi told me that "we are not able to find the real culprits and were are planning to frame up the case because government is pressurising us to implicate the arrested accused and finish the case, and also told me that "we will make you an approver in the case and you will be released after some months". He also offered me Rs. 25 lakhs for becoming an approver. I refused and told him that I am innocent and there is no question of confessing the crime or turning into an approver. The next day I was taken to Bangalore to conduct Brain mapping test, polygraph test and Narco analysis test. PI Raja Mandge and PI Prasad Khandekar took me along with them to Bangalore through Jet Airways. In Bangalore I was taken to Forensic Science Laboratory, where brain mapping and polygraph test was conducted by Dr S Malini. Next day I was taken to Bowring & Lady Curzon Hospital for the Narco analysis test. After conducting this test I was brought back to Mumbai on 08 September, 2006. While returning to Mumbai API Shelke told me in the plane that the test confirms that I am innocent and will be released shortly. However ATS officers produced me before the court and took me in police custody till 14 September, 2006, and arrested me in another case of Mumbai train serial blast registered by Bandra Railway Police Station. On 10 September, I was again taken to Bangalore for another Narco analysis test. The Narco test was conducted on 12 September by Dr S Malini. During the test, I was conscious and understood all the questions asked by Dr S Malina and answer given by me. The next day i.e. on 13 September, 2006, I was brought to Mumbai by another officer PI Prasad Khandekar and was taken to Nagpada ATS head office and produced before KP Raghuvanshi who told me that I have taken lot of rest and now it is time to break your bones. If you want to save yourself then do as directed and become an approver. I declined his offer saying that I am innocent and you all are trying to frame me in an offence which I have nothing to do with. This infuriated him and he told to PI Tajne to take me to Kalachowki police station and beat me till I obey them. PI Tajne took me to Kalachowki police station, there officers including Adl. CP Jaijeet Singh, DCP Naval Bajaj, ACP Sadashiv Laxman Patil PI Raja Mandge, Tajne, Khanwilkar and other constables started beating me using third degree torture methods. During the torture ATS officer showed me an edited CD of the Narco test. When I told them that the CD was edited, they started beating me mercilessly and asked me to act according to their wish. The series of tortur continued till 18 September, 2006, and on the same day PI Khanwilkar talked to me in private and said that he will request to the police commissioner AN Roy for my judicial custody on 22 September, 2006 and after one month I will be discharged from this case. However, when I was produced in court on 22 September, 2006, PI Khanwilkar told me that the senior officers have planned to falsely implicate you people in this case, but also said that do not worry as ATS have no proof of your involvement in this case and you will be discharged or acquitted from this case in about two years.

On 24 September, 2006, ATS officers again took me to Bangalore for Narco analysis test and I understood that the frequency of conducting so many Narco test was only to convince the senior officials of the government. From the Narco test ATS officers wanted some specific word from the accused persons which would incriminate them in this case and they wanted the Narco test video CD edited in a proper manner, which they did with the help of Dr S Malini, who conducted the Narco test thrice on me and other co-accused persons. Dr S Malini is also involved along with the ATS officers in this fraud. On 27 September, 2006, I was brought back to Mumbai on 28 September, 2006, I was produced before Hon’ble special judge Shri Abhay Thipsay in Sewri Session Court and ATS took my police custody under Maharashtra Control of Organised Crime Act 1999 till 09 October, 2006.

On 29 September, 2006, I was tortured continuously for five hours using third degree methods by PSI Sachin Kadam, later I was produced before police commissioner AN Roy and ATS chief KP Raghuvanshi. Both the senior officers laughed at me and KP Raghuvanshi told me that I have been implicated in the blast case and forget about India being a democratic country. India is a Hindu rashtra and there is no place for Muslims in India. Muslims in India are only for jail and encounter. Now the only way to protect yourself from long imprisonment is that you become an approver in this case. I refused to become an approver and told them that the method to save myself was that you people catch the real culprits and release the innocent people. On this AN Roy told me that I have pressure from the home minister of India and home minister of state, and we are unable to do anything besides framing the case on you people and fabricating evidence against you people because I have to answer my seniors also. After this AN Roy told me that tomorrow we are calling a press conference and you all will be famous as terrorists.

On 03 October, 2006, DCP Naval Bajaj came to meet me in Bhoiwada lock up. He was convincing me to sign on some blank paper and some paper with written material, but I did not sign on any of the papers. He abused me and said that I was very stubborn and would not obey without being tortured. After that I was taken to Kalachowki police station for torture.

On 06 October, 2006, PI Tajne produced me before DCP Dattaray Karale of zone IV, where the DCP asked my name and lodged me in Matunga General lock up for 22 hours. During this time PI Tajne and API Deore tortured me in Matunga lock up and threatened me to sign on the papers given to me on next day. Then next day I was taken to the office of DCP Dattararay Karale, where he forced me to sign on some papers, with written material on it. PI Tajne and API Deore were also present in DCP’s cabin. I did not sign the papers voluntarily but upon police pressure and threats I did. Later I was produced before chief metropolitan magistrate SS Shirke. The magistrate asked my name and date of first arrest in front of ATS officers. I did not understand what was going on, then I was sent back to Bhoiwada lock up. On 08 October, 2006, one of the ATS offices told me that the papers which I had signed was my confession, which I was not aware of till this ATS officer informed me. On 09 October, 2006, I retracted my "confession", which is false and fabricated, before Hon’ble special judge Mridulla Bhatkar, and on the same day I was remanded to judicial custody.

 

 

Torture position 5: Victim is tied upside down, both legs and hands also are tied by rope, then water is poured into his nose at regular intervals for about one hour

In the police custody of 75 days, I never forgot the words of Asstt. Commissioner of Police late Shri Vinod Bhatt, who committed suicide in the second week of August. Before his suicide, during interrogation he told me that he was under immense pressure from his senior officers to implicate us falsely in Mumbai train blast case and he also promised that he will try his best not to implicate all of you innocent people till he is alive. Unfortunately Shri Vinod Bhatt committed suicide under tremendous pressure.

In the 75 days long period, police custody, ATS officers used third degree method for torture. The third degree torture methods which were used by ATS officers on me are as follows:

• ATS officers used belt, which is used in flour mill, to beat us. They strike on the inner part of hand and feet about 200 times per spell leaving part of hand and feet in blue colour with strong pain during torture. After beating the parts of hands and feet become swollen. Medical officer of KEM Hospital supported ATS by not examining properly. ATS also used this belt to torture us also on any part of body, even on buttock also, due to this torture I cannot sit properly.

• ATS officers gave me shock using an electric current machine by making me nude. They used to tie wire on thumbs of legs and private parts of body. After that they pass the current at regular intervals. ATS used this method of torture four times on me during police custody.

• After removing my clothes, I was made to sit down on floor, both hands tied by rope behind the body, thereafter my both legs stretched in opposite direction making 180 degree angle. This torture method was repeated many times. During the period of custody they stretched my legs five times.

• ATS officers tied me on a chair, which is kept very close to wall, they tied my head in a way that I cannot move my head anywhere in any direction. Then they dropped the water drop-by drop on my scalp upto eight hours. Due to this torture very strong pain occurred in neck and head.

• They used to tie me upside down (i.e. in reverse position) and my both legs and hands also tied by rope, then they used to pour water in my nose at regular intervals about one hour, they used this technique of torture on me 3 times.

• ATS officers threatened me that my family members also will be arrested in this case or brought by ATS and they will be molested, if I do not sign on confessional statement. They used the example of the family of my co-accused Faisal Shaikh, who was molested by Vijay Salaskar team in front of me.

• ATS officers, including senior officers of IPS rank police commissioner AN Roy and ATS chief KP Raghunvanshi had given huge amount of cash after release, and also given the inducement of settlement anywhere in the world. These officers also promised many times to discharge me from the case if I became an approver.

I, Ehtesham Qutubuddin Siddiqui, solemnly affirm that whatever has been stated here above is true and correct as per my knowledge and belief. 

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

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Judge's Bias- 3

 DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.26…...........18/11/2020

Editorial : Bias  Double Standards of  Supreme court Judges 

When a person is influential , well connected like Arnab Goswami  bail is given by SCI in a matter of few hours but commoners has to languish  in jail for  years. If person happens to be influential  industrialist like Adani  case is taken up even during court vacation, if commoner he has to wait for years. If person happens to be super rich like Ambani  crores of rupees dues will be deferred , instalment  facility for years is extended  if  a commoner in same scenario  doesn't pay dues court confiscates his personal property,  defaulter is put behind bars.  When  influential  persons land in trouble judges / police take suo motto action to rescue them, whereas when a commoner appeals ,  complains  to police , supreme court  specifically requesting  for justice , protection to life no appropriate  action taken. In each step of  SCI judges there is bias in favor of rich / influential.

SCI Judges  use “ CONTEMPT  punishing powers “ as a weapon to silence  persons  seeking  accountability  of judges. There is also bias , double standards by SCI Judges  just compare Advocate Nedumpara , Justice Karnan with Advocate Prashanth Bhushan.  Second  compare. AP Chief Minister Jagan Reddy with TV comedian  Kunal Kamra. 

Judges & Police lack professionalism. SHAME  SHAME  JUDGES & POLICE.

Will apex court protect liberty for all citizens?

The administering of justice should never be selective, or so lacking in humanity that it revolts the human conscience.

The Supreme Court of India upheld the principle of personal liberty by granting interim bail to Republic TV’s chief Arnab Goswami in a 2018 case where he is accused of abetment of suicide. This is a good thing. There are some who do not like Goswami’s views, or the abusive felicity with which he name-calls and verbally humiliates his ideological “opponents” or demeans those whom he does not like. However, anyone’s personal likes and dislikes are not material to the protection of his or her constitutional rights. If his personal liberty has been unfairly violated, and he deserves to get bail, he should not be arbitrarily kept in prison by the law enforcement machinery of a state government with which he is at loggerheads.

It was heartening for citizens to hear the clarion call of Justice D.Y. Chandrachud: “If we as a constitutional court do not lay down the law and protect liberty, then who will?” The message was clear. The highest court in the land will intervene to protect personal liberty at any cost, list a case of this nature with lightning speed, overrule the standard judicial procedures like first pursuing a bail petition before the designated lower court, and hear the petition even if means working on the weekend. This is also a good thing.    

However, such heartening news may not have bought much hope to Father Stan Swamy, who is languishing in Taloja jail in Navi Mumbai.  The 83-year-old tribal rights activist has been incarcerated since January 2018 for his alleged Maoist links in the Elgar Parishad case. On November 6 this year, Swamy moved a petition before the National Investigation Agency special court in which he asked for a straw or a sipper cup in jail. “I cannot hold a glass as my hands are unsteady due to Parkinson’s (disease)”, his petition said. He was asking not for big things like personal liberty and freedom. His only request was for a sipper cup or a paper straw so that he could drink water without spilling.  A straw or a sipper are not dangerous items, nor are they luxury items which prisoners should not have. But that request does symbolise some things as important as personal liberty, which the Supreme Court so vigilantly defended. It symbolises a human being’s legitimate craving for dignity;  of his supplication for compassion; of his expectation of humane treatment; of his hope in a caring system for those in deep medical distress. The special court judge who heard this desperate petition simply asked the NIA to file its reply on the matter on November 26. 

For 20 days Father Stan Swamy will continue to wait with his trembling hands for a straw or a sipper to be provided to him. The NIA will get twenty days to consider whether such a request should be conceded to.  And there is no guarantee that when it does file its reply on November 26, it would accede to the request. The legal position in the matter may require further deliberation. The rules need to be checked out for “dangerous” prisoners. If these don’t provide for a straw to be given to prisoners, how can an exception be made? After all a sipper, that would enable an 83-year-old prisoner suffering from advanced Parkinson’s disease to take a sip of water, could sabotage the interests of the state. 

Perhaps the honourable Supreme Court could take suo motu cognisance of such matters as well. Travesty of justice has many forms. In some cases, the rule book is thrown at those deprived of personal liberty, who languish in prison for months without bail. In others, matters are fast tracked at incredible speed, and the judiciary makes public its unwavering commitment to protect personal liberty. Perhaps, the highest court of the land will also then take steps to ensure that the personal liberty of people like the octogenarian Varavara Rao, who has been repeatedly denied bail, and not given permission to be admitted to hospital. The 80-year-old poet, teacher and activist, who has been in jail without trial since 2018, again for alleged Maoist links in the Elgar Parishad case, “was found lying on a soiled bed soaked in urine with no one to attend to him”. His health is extremely precarious; he has suffered deliriums in jail, where he also contracted the Covid-19 virus. Perhaps the Supreme Court may also ask its judicial subordinates why bail in the case of a pregnant Safoora Zargar, arrested for participating in the protests against the Citizenship Amendment Act, took as much as 70 days to be processed.

The nation looks upon the Supreme Court, and the judiciary in general, as an agency of the last resort to get justice. When the Supreme Court declares that it will intervene proactively to ensure personal liberty, it raises, in the thousands of prisoners who are for untenable and inhumane reasons being denied personal liberty, the possibility of hope.  Surely, the Government of India is not so vulnerable that it treats people above the age of 80 who are nearly disabled, as “enemies” who can destabilise the State. The administering of justice should never be selective, or so lacking in humanity that it revolts the human conscience. When Father Stan Swamy is given the freedom to drink water with a semblance of dignity, we will believe that the Supreme Court’s concern for Arnab Goswami has a larger meaning and a message for the conduct of the judiciary as a whole.

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

  WhatsApp  91  8970318202

Home page :

http://di.dalitonline.in   

https://di-weekly.blogspot.com 

Contact  :  DI@dalitonline.in   , deccan.inquirer@gmail.com