Saturday, November 3, 2012

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Friday, November 2, 2012

Fundamental Rights Versus Basic Justiciable Human right enforcement mechanism absent in our Nation

n India , as per constitution of india all citizens are

equal , have right to equal oppurtunity &

equitable justice irrespective of caste , creed , religion , etc. the

constitution has guaranteed these to every indian

citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every

humanbeing on earth has got HUMAN RIGHTS, by virtue of

his / her birth.

However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC

SERVANTS have forgotten this & are acting as lords ,

autocrats - unquestionable public masters. CONSTITUTIONAL

FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,

public are the kings of democracy , they are the taxpayers &

paymasters of this very same public servants.

In India , corruption has spread it's tentacles far &

wide , it has not even spared the judiciary. The last

resort of commonman for seeking justice is judiciary , even there

corruption has spread.In present day India , if one

is rich , he can committ any type of crime & get away clean from

courts of law. there are corrupt police officials

who modify FIR , suppress evidences ,manipulate evidences , takes up

different line of investigation , fix innocents ,

coughs-up false confessions from innocents by 3rd degree torture ,

file B report closing the case , decides not to

appeal in higher court of law , etc , ALL FOR A PRICE. Just see the

list of millionnaire police officials who are

caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a

deal , manipulates evidences , manipulates way

of presentation of case & way of argument favouring the rich crooks

for a price , as observed in high profile

BMW case involving public prosecutor IU KHAN & defense counsel RK

ANAND. In this way , if corrupt police & advocates ,

together manipulate the due process of law , the presiding judge is

left high & dry eventhough the judge is honest,

he is left helpless. to add to this , when the judge himself is

corrupt , people's last hope , democracy is dead. nowadays

we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST

LITIGATION before hon'ble supreme court of india,

but the vested interests there are not accepting it as PILs. WHAT DOES

PUBLIC INTEREST LITIGATION MEANS ?

ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.

The issues raised by us for sample :

1. sale of fake medicines & adulterated food products , beverages ,

colas affecting the health of millions of indians

& public of importing nations who are importing the same dangerous

products from india .

2. demolition , eviction of houses , lands belonging to poor dalits ,

tribals , backward castes by government authorities

whereas regularising illegal land encroachments , illegal buildings

by high & mighty people in total disregard to law.

in some cases government has even made contempt of court , by defying

court orders & enacting special laws all to favour rich land grabbers.

3. take the cases corporate frauds, violation of labour laws ,

pollution board laws , tax laws , etc by companies.

4. The reports in media about certain highly placed public servants

leaking india's defense secrets to foreign countries

& some politicians , film stars attending parties hosted by anti

nationals DAWOOD IBRAHIM & underworld dons in gulf

countries & elsewhere.

these type of appeals are for public good , national

security , as public are affected by them. still supreme court of

india is not considering

our repeated PIL Appeals.the courts have the authority to consider

even a post card , e-mail as a PIL Appeal , the courts

even have the right to initiate suo-motto action for public good ,

inspite of absence of any appeals / complaints.

over & above this at the time of my very first appeal my income was

very low & i was a retrenched factory employee who was eligible

for free legal aid, even free legal aid was not given to me.

Now , even to my repeated RTI Appeals the Honourable chief

justice of India & H.E.Honourable President of India

are not giving the requested information . these action of CJI &

PRESIDENT OF INDIA is aiding high & mighty criminals , anti

nationals ,

amounts to suppression of information , truth , evidences , which is a

cognizable offence.
We do have highest respect for all constitutional bodies ,

public servants , but it is an appeal to the

honest few in public service ,to bring to book their corrupt

colleagues.The Honourable Chief Justice of India & H.E.Honourable

President of India

have violated their oaths of office , failed in their constitutional

duties , suppressed material truths / informations & thereby

repeatedly

violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally

prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do

request you to legally prosecute the below mentioned public servants
viz

For Varnadharma System Birth is Accidental We salute the NSG Commandos And Brave Soldiers on Kargil Pakistan Border Not Judges

In india , till 1947 public life in the society was guided by four varnashrama system or Manu’s caste system. Birth is accidental not out of choice , just for being born in a particular caste the human beings were treated worse than animals. This caste system  was designed & enforced by the village farming community (Gowdas , Thakurs , Reddys , different names are used to indicate those belonging to farming community in different states of india  ) , Trading community and most importantly Brahmin community. Brahmin provided the ideological reasoning for this inhuman ,  barbaric act of DALIT OPPRESSION citing various religious texts . The physical enforcement of this oppressive act was done by those belonging to the farming community with their muscle power.  Both the farming community & Trading community had complete control over the local economy and forced dalits economically too to slave it out for  unjust  labor charges at the farms of those same oppressors.

After independence of india , little has changed. The government has banned the practice of untouchability , provided various welfare measures for the upliftment of dalits through legislations. Now , the Brahmin community which was providing ideological base for “UNTOUCHABILITY” has been isolated and are at disincentive for getting seats in government colleges , scholarships , for getting government jobs , etc. Brahmins are paying the price for the past wrongdoings of their forefathers.  This has been achieved by the government easily as the Brahmin community lacks numerical strength & muscle power. 

What about the farming community & trading community ? both the communities have  got numerical strength , muscle power  & are the deciding electorate in the formation of governments. Previously those belonging to these two communities were village heads , ruled the villages & controlled local economy. Now the same community people are MLAs , MPs , Cabinet Ministers and are continuing with their practice at the subtle level. These two communities didn’t pay any price for their past wrong doings  for  practice of untouchability. They are also enjoying various reservation benefits , welfare measures , incentives from the government . Still they have not changed their mindset & are practicing discrimination against dalits at the subtle level  – for them Dalits are just a vote bank  . who will punish them ?

Even the  society , media which reflects the majority view , reflects the discriminatory attitude at the subtle level. For all the terrorist crimes usually muslim community is targeted , does that mean whole of muslim community are terrorists in the view of government & majority community ? whenever a tribal person  , a dalit struggles for his  survival , existence – he is branded as a  naxalite ? 

when the persons belonging to majority community are involved plotting , execution of  major , more heinous terrorist acts , he is let off freely , even media does not report  , however  if a muslim community person  is caught he is slapped with TADA , POTA Charges , media gives much hype to it. When the terror master minds in government of india seeded , supported , financed   Tamil Terrorists in srilanka , Bangla terrorists in East Bengal (now Bangladesh) – who killed lakhs of innocent srilankans & Bangladeshis , nobody not even media questioned it. See how film actor sanjay dutt got a favorable treatment from government , police & judiciary  , media  as he belonged to a forward caste & from an influential family although he stored the arms , ammunitions meant for Bombay bomb blasts .  Nobody not even the media questions the attendance of film actors , politicians at the parties hosted by under world dons , terror master minds in gulf & south asian countries.

Still in india , practice of untouchability is there at the subtle level. The sad part is that few dalits who got education , job , economic benefits just due to the government legislation , who are now standing firm , capable , got respectable stature in the  society themselves have become puppets in the hands of forward caste people. These progressed Dalits have taken sides with the forward caste oppressors & are suppressing their own Dalit Brothers. Now , take for instance the case of Justice Dinakaran rhe Dalit  – he has got , education , incentives , reservation , job , etc , all due to the government legislations. Instead of working for the upliftment of his Dalit brothers in his greed for more money , more wealth he usurped the very land earmarked by the government for his Poor Dalit brothers.  Thereby , JUSTICE DINAKARAN HIMSELF HAS PROVED THAT HE IS ANTI-DALIT. HE MUST BE PUNISHED , NOT JUST LET OFF WITH RESIGNATION FROM SERVICE or GAG ON MOUTH.

Media & Government has given much hype to JUSTICE DINAKARAN’S case as he is a DALIT. What about the more grave crimes done by high ranking judges belonging to upper castes ? what action government has taken ? why  does not media give wide coverage for such upper caste judges  caught , finally helping in hushing up the  case  ?  Take for instance roost resort sex scandal involving Karnataka high court judges or the UP high court judge belonging to upper caste                                                                who  got his official chambers cleaned , purified with GANGA JAL (as the official chamber was previously occupied by a dalit judge). WHY NOT MEDIA IS GIVING COVERAGE TO SUCH CASES INVOLVING UPPER CASTE JUDGES ? WHY NOT GOVERNMENT IS TAKING ACTION AGAINST ERRING UPPER CASTE JUDGES , WHO’S CRIMES ARE GRAVER  THAN DINAKARAN’S  ?

Government & Media should not practice double standards . TRUTH FOREVER – Attempts by vested interests  to silence our publication , to silence a human rights activist  , to silence the voice of Dalits
The police , judges , public servants , etc  question the accussed persons , to ascertain the root cause of crime or dispute, to know the truth behind every actions. The police even apply 3rd degree torture on commoners ( although it is illegal ) to elicit truth , information about crimes. When the same public wants to know the truth  behind crimes involving police , judges & public servants , and seeking truth , answers , informations as per RTI ACT from police , judges & public servants  , they are  not answering lest the truth come out. They are citing one or the other technical reasons to hide information , to hide truth about crimes , to shield the criminals. If any of the following public servants truly stands for law , justice , truth , let them answer for the following questions publicly through media.
Salutes to our Freedom Fighters who enabled us to live in independence ,
salutes to our brave Jawans who are safe guarding our independence ,
salutes to our Kargil martyrs , salutes to our NSG Commondos , who are
protecting us from deadly Terrorists. Our head bows to you all – the
Brave sons of India.

After 63 years of india's independence the lives of commoners is far
worse than under britishers. The benefits of independence has reached
only few , thus creating islands of few ultra rich people surrounded by
vast sea of utterly poor. The rich people in nexus with those in power ,
are getting favourable laws enacted to suit their ends. Those in power
are shamelessly enjoying 5-star luxuries all at tax payer's expense ,
while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost
complete. The corruption has spread it's tentacles far & wide , there is
corruption from womb to tomb ,from maternity hospital to grave yard. The
injustices meated out , the atrocities perpetrated by by public servants
are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal /
justice , when a commoner suffers injustice he can appeal to respective
government official or police for justice , still if doesn't get justice
he can appeal to court of law , further the aggrieved can get the
appropriate law enacted through his M.P / M.L.A. The sad part in India
is no public servant is neither aware of the value of our hard won
independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide
justice to the aggrieved , when corrupt judges-police-politician-public
servants act as a criminal nexus & block justice delivery, the commoner
has only 2 options , either to suffer in silence or to take law into his
own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs – cabinet
ministers , police were found to be guilty of torture , murders of
innocents by justice sri Krishna enquiry commission. The government is
sitting over enquiry commission report. The court is not taking
suo-motto action in public interests a result , the guilty ministers &
police who are fit cases for death sentences are roaming free &
commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials ,
the cover-up begins right from start ie FIR Registration. Police conduct
name sake enquiry , investigation, suppress evidences , witnesses ,
destroy some of them , the prosecution takes a favourable stand putting
up weak arguments. Naturally, the guilty official , minister is
acquitted by court for lack of evidences. So, the guilty who should have
been rightfully put behind bars , hanged goes scot-free , to commit more
crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the
guilty , which should have been given by the court but failed. Are not
such acts of public, to uphold law & dignity , national security right &
patriotic ? if any body terms it as crime , that means guilty VVIPs ,
police , public servants should be left unpunished allowing them to
commit more crimes , anti-national activities. Is that right from
national security angle ? is it equality before law & equitable justice
?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose
,subhash Chandra bose , bhagath singh , veer savarkar others who took
violent path of independence struggle & killed inhuman british officers,
police & judges have contributed valuably ,immensely to our freedom
struggle. One of the main causes of origin of naxalism ,separatist
movements is the rampant corruption & unaccountability of public
servants in India.

In this back drop , in India anarchy is not far away. The days of
suffering public ,killing their tormentors corrupt police , corrupt
judges , corrupt tax officials ,etc is not far away. No police security
, no SPG cover can protect those corrupt , as police & SPG personnel
work for pay , perks and will be on the wrong side of law –
protecting criminals. The suffering public fighting for their survival ,
on the right side of natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of
corrupt public servants legal ? is the cover-up of such corrupt acts by
police , vigilance officials & some judges by mis quoting
/misinterpreting , misusing law is right , legal ? the GOI has created ,
funded , supported , given training , arms & ammunition to various
terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries ,
resulting in destruction , mass murders of innocents there . In india
itself in assam , Kashmir , the GOI has created counter terrorist
outfits to reduce the reach of terrorist groups. The bihar , jharkhand ,
chattisgarh state governments have created armed gangs SALWA JUDUM to
counter naxal outfits , are all these acts of government right , legal ?
the days of dogs death for corrupt is quite nearby. it is high time , to
the corrupt to reform , repent themselves.

In our own experience, e-voice didn't get justice from authorities in
many cases of injustices brought before it , most shameful fact even
supreme court of India failed to register PILs , even shameful supreme
court of India even failed to give information as per RTI Act , utterly
shameful supreme court of India failed to protect the fundamental rights
of editor of e-voice & obstructed him from performing his fundamental
duties. Still, e-voice believes in peace , democratic practices. E-voice
firmly believes that violence should not be practiced by anybody –
neither state nor public.

Hereby, e-voice urges the corrupt public servants to mend their ways ,
to uphold law & dignity of democratic institutions. Atrocities ,
violence , corruption breeds more violence , invites dog's death. Peace
,truth , honesty is the harbinger of prosperous democratic nation.
Greetings to all my Indian brothers & sisters on the occasion of 63rd
independence day celebrations, let us build a true democratic India ,
free of corrupt public servants.

CHIEF JUSTICE MARKANDEY KATJU AND CHIEF JUSTICE A.K GAUNGALI REMAIN SILENT WHEN JUSTICE P.D. DINAKARAN Name Recomended for Chief Justice To CJI K.G. BALAKRISHANANA?. WHY TO SPEAK In ODD TIMES ?.


COURT JUDGEMENTS  FOR A PRICE ? MANIPULATION OF INDIAN LEGAL SYSTEM
-          SHAME SHAME  SHAMELESS CORRUPT  PUBLIC SERVANTS 
The strange case of Justice P.D. Dinakaran” has taken a strange turn. A group of advocates and activists in Tamil Nadu are alleging that the chief justice of the Karnataka High Court is the victim of a motivated vilification campaign. That his character is being assassinated because he is a Dalit.
“The real agenda is to prevent a member of a backward community from entering the ‘sanctum sanctorum’, now a monopoly of the upper castes,” K. Veeramani, general secretary of Dravida Kazhagam, the parent organisation of the DMK, has been quoted as saying.
The figleaf was provided by the veteran jurist Shanti Bhushan, who was among the legal eagles who brought the memorandum of charges prepared by the Madras-based Forum for Judicial Accountability to the notice of the chief justice of India, K.G. Balakrishnan, also a Dalit.
In an interview to The Pioneer, Delhi, Bhushan is reported to have said:
“It is inexplicable on the part of the CJI as to why he is not consulting the judges of the Supreme Court, like Justices M. Katju and A.K. Ganguly, under whom Dinakaran has served. So many lawyers are making allegations against him. Why is he (CJI) so keen to get him (Dinakaran) appointed? Perhaps the reason may be that he is a Dalit. We cannot say.”
An imputation of favouritism was also made by the SC lawyer Rajeev Dhavan in an article in Mail Today, after Justice Dinakaran excused himself from a tour to Australia once the scandal broke:
“Justice Dinakaran has declared that he will not accompany the ‘judges exchange’ delegation to Australia. There is a lot to doubt whethere he deserved to be a delegate over others in the first place. Someone seems to have a soft spot for him.”
Questions: Is Justice Dinakaran being because he is a Dalit? Or is this a lame attempt to give the controversy a caste colour to shield the judge? Should a Dalit be excused if he is accused of land grabbing, corruption, abuse of office and lack of probity merely because he is a Dalit? Is a Dalit entitled to take away lands of other Dalits, as is being alleged, because he is a Dalit?
Recently we have seen media reports about arrest of high ranking police officers by Karnataka lokayukta , many police are arrested by karnataka lokayukta . Many government officials are  apprehended by Karnataka lokayukta in the past , on an average from each arrested corrupt government officials  millions  of rupees  worth illegal wealth was confiscated from each criminal. This wealth is earned  by selling their official duties , for preparing fake government reports , records in  somebody’s favor. During the proceedings of the court  , paradoxically the judge depends on those very same concocted government reports , records (prepared by corrupt official) as the gospel truth & gives his judgement. The corrupt police officials by taking bribe suppress evidences , leave criminals from FIRs , deviate from the line of investigation , purposefully delay investigations allowing  for destruction of evidences / escape of criminals , close cases with B reports ,  delay arrests of criminals as not traceable , in the same way fix innocents ,  coughs up fake confessions from innocents , etc all to protect the real rich & mighty criminal in the background. During the proceedings of the court , the judge heavily relys on the investigation reports , records of these corrupt police officials & gives his judgment.
Recently a fortnight back , in an article written by Karnataka government law & justice minister Shri. Suresh Kumar has mentioned about an incident where in an innocent was illegally arrested by police , the public prosecutor  demanding a FAT FEE from the innocent detainee to get his release. Nowadays , many of the government paid Public Prosecutors in understanding with the defense advocate strike a deal , present the government’s case in half hearted manner allowing the rich & mighty criminal to escape. During the proceedings of the court  the judge relies on the stand of prosecution , the stand of corrupt public prosecutor as government is the party which has filed that very case.
In the court of law , judges follow the law enacted by parliament or state legislatures. However some of the criminals who have entered into the halls of parliament & legislatures are successful in getting certain illegal acts legalized . the courts of law blindly follow those illegal , unethical , immoral LAWS / ACTS / GOVERNMENT ORDERS as gospel truths , as guiding  lines as they happen to be technically legal.
In a fresh twist to the controversy surrounding Justice Paul Diwakar Dinakaran, a collective of civil rights groups here has questioned his Dalit background, saying he ceased to be a member of the Scheduled Castes ever since he converted to Christianity.
Addressing mediapersons here, representatives of the organisations said the entire issue of elevation of Dinakaran is premised upon serious charges of corruption and those who try to rake up his caste background were unaware of what they are doing.
Going by the Constitution, the People’s Watch said, the judge was not an SC member, instead a Christian falling under the Backward Classes. The National Commission for the Scheduled Castes was “needlessly trying to jump into an issue, which basically stems from charges of corruption alone”, the NGO’s Executive Director Henri Tiphagne noted.
O Fernandes of the Human Rights Advocacy and Research Foundation and others representing Dalit forums said the issue was only about encroachment of public property, misuse of office, and “questionable” judicial orders in certain cases, besides violation of some provisions of the Motor Vehicles Act. “Most charges stand substantiated after our field visits.”
Justice Dinakaran has 527 acres of land in Kaverirajapuram village near Tiruttani. Of this, 230.19 acres come under government ‘poromboke’ and ‘adineenam’ category.
The locals used the lands for purposes like cattle grazing. Their misappropriation has affected the local poor, mainly Dalits and other backward people. “Let all charges be probed. If he is exonerated, then its fine,” Tiphagne said.
Asked how Dinakaran could continue as the Chief Justice of the Karnataka HC if the charges were true, he said, “Ideally he must not. But, we cannot ask everything at the same moment.” A detailed account of alleged misappropriation of wealth would be sent to the CJI and the collegium.

In some cases , the judges themselves happen to be corrupt , they sell all judicial orders for a price. Just remember the case of a TADA court judge issuing bail orders for a price , or a judge issuing arrest warrants against then CHIEF JUSTICE OF INDIA & PRESIDENT OF INDIA .

Due to all these cases , the rich & mighty criminals are manipulating the entire legal system to their own favor and  innocent people , common folk  are getting a raw deal in the  courts of law. Where is Ram Rajya  even after  62 years of India’s Independence.

By all these action  can  we expect justice from  the  corrupt mentioned in the following articles. SHAME TO SHAMELESS CORRUPT JUDGES , CORRUPT POLICE , CORRUPT PUBLIC SERVANTS of india . These corrupt must  learn lessons of duty from their honest colleagues, honest few judges , police , public servants still  left in service. These few honest  judges , honest police & honest public servants must teach their corrupt colleagues how to behave.  Corrupt must first learn to be human beings , to behave as human beings & to interact with the public as human beings.