accountability of indian public servants

HUMAN RIGHTS WATCH'S – Weekly newspaper on web Spreading the light of humanity & freedom Editor : nagaraj.M.R.................vol.2 issue.33...................... 28/10/2006 EDITORIAL : PEACE, NON-VIOLENCE THE NEED OF THE HOUR Just yesterday ie on 27/10/2006 wee hours , in the peaceful city of mysore terrorists were gunned down. the basic reason for rise in criminal activities is the rampant corruption in all wings of government & the catalyst for this corruption is greed , selfishness of officials. the indifferent attitude of the public towards corruption is the reason for lack of accountability on the part of public servants. HRW has utmost respect for all institutions & all public servants , individuals. this is an effort by the HRW to bring to book the corrupt few among the public servants and an appeal to the honest public servants to bring to book their corrupt colleagues. The terrorist attacks, naxalite attacks, bomb blasts have become rampant all over the world. recently srilankan foreign minister was assassinated. When there is going to be an end to this cycle of violence ? the problem of naxalism, terrorrism , is a direct result of moral decay, fall of personal integrity, break-up of social fabric in the society. All over the world with rapid strides in scientific advancements , the life styles of human beings has witnessed sea changes. Human being by nature is greedy , selfish & wants more & more comforts , luxuries for himself. The nature has given us – the human beings enough resources to live happily, if shared equally & to live in harmony. However the gross resources in a society doesn't increase with the greed of some people. The greedy people want more than their share, legitimate share of natural resources, for their selfish objectives. The people in power, amass more resources through illegal, inhuman means which rightfully belongs to others. This creates a chasm, at one side few greedy, inhuman , corrupt super rich people, at the other side millions of hungry people even lacking basic necessities. As per darwin's theory it is the jungle rule " SURVIVAL OF THE FITTEST". These poor people struggle together to get back their rightful share of resources. This objective is good when carried out in a legal, peaceful, non-violent way. At this juncture, the so-called leaders with selfish objectives become leaders & takes them for a ride on the violent path.. even after years of violent struggles, the lives of these poor people has not changed where as the leaders have become super rich. It is the same story every where, the names differrent. In some countries, after violent struggles the terrorist leaders themselves have become president / prime minister of new independent countries. However the lives of people are today more miserable than previously, their new leaders more corrupt than those ousted. The cause lack of honesty, integrity, humaneness in the new leaders. Hypothetically, if the leader is humane, honest, empathetic, any type of governance is good. However in practice nobody is so. That is why in relative terms democracy is the best form of governance. Just remember, how a loin cloth clad mahatma gandhi fought against the mighty british empire. Gandhi didn't even fire a single gun shot, he didn't have money power. Still he won independence for us – indians. Now see H.E. dalai lama , head of state , tibet, inspite of being driven out of his kingdom by chinese army, he is doing peaceful dialogue with them. No violence at all. His followers do protest against the injustices meated out by chinese ,not through guns or bombs but through silent processions. SEE THE FOOLOWING CYCLE OF VIOLENCE : Selfishness-injustice-crimes-violence-violence-violence-total destruction-all round sufferring At the end nobody wins, nobody wins as in fables. It is destruction , sufferring every where. The people must struggle for their survival against the corrupt leaders, public servants in a peaceful legal manner only. the following vedic hymn sums up the whole issue, O'god Take us from ignorance to enlightenment Take us from darkness to light Take us from death to eternity Let there be peace peace harmony every where. Jai hind. Vande mataram. Your's sincerely, Nagaraj.m.r. C.B.I COVERING UP THEFTS IN R.B.I - Lie detector tests for C.B.I officers ? Nowadays even free e-mail accounts need password to operate, to operate a bank locker there are multi level security settings. However , it is ridiculous, unbelievable to note that in the high security reserve bank of india currency note press mysore, there were no different key sets , palm readers, pass words, no different authorised persons, no troops of security guards, to access the area. Just only one security guard- a constable. It is a cock & bull story of C.B.I, that all alone a single security guard stole the booty. There must be a crime syndicate. The C.B.I officers themselves must be subjected to polygraph, brain mapping tests to know why they are lying , to cover- up whom? The C.B.I has not answered previous questions raised by HRW. The C.B.I must answer the following questions : 1. who were responsible for selling the good printing machine at security press nasik to scamster karim lala telgi as scrap ? 2. who recruited the candidates below merit rankings in R.B.I for what criminal roles ? 3. how many irregularities have taken place in R.B.I till date ? 4. who is responsible for installing, operating & supervising the security set-up in R.B.I ? 5. how the raw materials ie number of paper sheets, ink, etc are accounted for in inward stores & while issuing for printing ? 6. how wastages, scrap of ink , papers , etc in the printing process are accounted for? 7. How the finished goods ie currency notes are accounted for ? 8. Who keeps physical figures & possession of goods, inventory of all the above? 9. How the scrap paper is disposed off ? 10. From security angle who keeps track from start till dispatch ? QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ???? -improper functioning of democracy in india the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a position to manipulate , enact laws favouring , benefitting the criminals their cronies. Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn't even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it's verdict awarding damages worth Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian & multinational companies are lootingindian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing. In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making. The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers. Now consider the following example : Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it. The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation. On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 58 years in india. In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest representative, whosimply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans. Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form. WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ??? In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income. HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit - were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues. It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are hiding behind legal immunity privileges & making money. I , HUMAN RIGHTS WATCH'S Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of india sir ? LAW GUARDIANS THEMSELVES ARE LAW BREAKERS - POLICE TURNING INTO ROBBERERS IN KARNATAKA In india corruption has spread it's tentacles far & wide. Recently karnataka lokayukta has arrested 5 top cops on charges of corruption . in raid he has unearthed crores of rupees worth propperties & cash. Nowadyas police play the role of a mediator in land disputes , property disputes , accident cases , etc. They don't book the cases as per law , instead they settle it through mediation & in some cases coerces innocents , poor people without backing to come to compromise with rich criminals. They threaten poor people with faslse fix-ups in cases , 3rd degree torture , etc , if they don't agree to compromise . without an alternative poor people agree to the forced down compromise formula. In the end , mediating cop gets a hefty commission from the rich criminal. The corrupt cops collect mamools from bar owners , transporters , etc to shield their illegal deals. Now as the mumbai encounter specialisty S.I. DAYA NAYAK's case is unfolding , it is becoming clear what he did as a S.I OF POLICE are not encounter deaths , cunningly planned & ruthlessly executed supari murders. Mr.daya nayak is not a encounter specialist but a hit man for the under world in uniform. Literally corrupt police are nothing but GOONDAS , ROWDIES IN UNIFORM. The corrupt habbits of corrupt police die hard. Even if they are posted to C.B.I , VIGILANCE , LOKAYUKTA , etc, they make money by passing on information about raid details. Thereby , they help the guilty to escape. Abiut this issue karnataka upalokayukta himself has expressed his heplessness . lokayukta police are on deputation from state police , lokayukta don't have any powers to take disciplinary action against his own subordinates , he can recommend it only to his mother organisation. What a paradox. Cops turning into thieves & the lokayukta police who are supposed to book corrupt themselves corrupt. The politicians in power simply make statements about giving more powers to lokayukta , on record they don't do any thing. As the corrupt officials are one of the sources of party funds & those corrupt officials themselves help corrupt politicians in doing corrupt deals & shielding it. H.D kumara swamy chief minister of karnataka has said "I want to send a strong message to government servants that stringent action will be taken against corrupt elements among them without fear or favour. We will empower the Lokayukta with more legal powers to continue its crackdown on all officials indulging in corrupt activities." The arrested police personnel are deputy superintendent of police (Bangalore rural) N. Krishnappa, Crime Branch inspector Shami-ur-Rahman, VVIP security inspector N. Narayanaswamy, Koramangala (south Bangalore) inspector Mir Arif Ali and Yeshwantpur (north Bangalore) inspector Shivanna. Lokayukta chief N. Venkatachalaiah said: "It is not about the quantum of money or properties seized but the rot that has set in the system. If lawmakers turn into law breakers, how can people have confidence in them?" However these corrupt people pay a part of the looted booty to their superiors & political masters , as a result in the end nothing happens out of enquiries or investigations. At the most these guilty person are transferred to another fertile location away from the eyes of people to make more money. in some cases even the guilty corrupt officers are promoted. The fate of over 100 reports of the Karnataka Lokayukta against government servants, facing charges of corruption, is hanging in the balance with the Karnataka High Court declaring that Lokayukta will not inherit the powers of Upalokayukta to take suo motu action, when Upalokayukta's post is vacant. Further, the future of about 1,000 cases being investigated by the Lokayukta has also become uncertain as in all these cases the Lokayukta had exercised the suo motu power available only to the Upalokayukta under the Karnataka Lokayukta Act, 1984. The Lokayukta had invoked suo motu powers and initiated action on complaints against government servants as the State government had failed to appoint Upalokayukta. The post is vacant since April 2002. The Karnataka High Court, in the case between Prof S N Hegde, former vice-chancellor of Mysore University and the Karnataka Lokayukta, has declared that Lokayukta had no jurisdiction to discharge the functions of Upalokayukta when "no Upalokayukta is appointed". The High Court had also clarified that the Lokayukta can carry out functions of Upalokayukta only when Upalokayukta is unable to discharge his duties due to "absence, illness or any other causes". However, the Lokayukta was empowered to investigate a case, not defined under the Act, if the Government refers the case to the Lokayukta through a notification, according High Court's observation. But the State government, except in a few cases, has neither referred the complaints to the Lokayukta through a special notification nor appointed Upalokayukta so that it can inquire into these complaints. With this, it is clear that in all these cases Lokayukta acted without jurisdiction as government had not referred most of the complaints to Lokayukta when post of Upalokayukta is vacant, said a senior advocate. In the light of the above observations by the High Court to the most of the cases investigated by the Lokayukta while exercising the powers of Upalokayukta would mean that all the action taken by the Lokayukta would become void ab-initio (not legally binding), observed an advocate. However, the benefit of these judgement would available to the government servants only when they question Lokayukta's action before the High Court, said an official of the Law Department. "Inaction on the part of the Government in appointing Upalokayukta has seriously affected the painstaking investigations done by the Lokayukta", said a police officer attached to Lokayukta police wing. Meanwhile, realising the impact of the High Court order, the State government, apart from preferring an appeal against this verdict before a larger bench, has initiated the measures to clothe the Lokayukta with suo motu powers. According sources, the government was also studying the possibility of giving suo motu powers with retrospective effect so that the reports already submitted by the Lokayukta and the cases under investigation would not become invalid following High Court's verdict. Lokayukta Justice N Venkatachala and State Advocate General A N Jayaram said that they have decided to challenge this judgement of single judge bench before a division of the High Court. However all is not last , there are few sincere hard working police officers in the state police , there are sincere public servants like lokayukta & upa lokayukta , let all of us support them. India will be a corruption free country. APPEALS TO HONOURABLE PRIME MINISTER OF INDIA APPEAL NO.1 Dear SIR , INDIA: An innocent person tortured by the Kerala state police Name of the victim: Mr. Wilson, aged about 42 years, son of William, residing at Atuparambil house, Mannuthy post, Thrissur district, Kerala state Alleged perpetrators: 1) Mr. Ramachandran, Circle Inspector of Police, Ollur Circle Office, Thrissur district, Kerala state 2) Mr. Radhakrishnan 3) Mr. Raphy 4) Mr. Jayan 5) Mr. Ansar 6) Mr. Gopalakrishnan [2 to 6 above are Police Constables stationed at Mannuthy Police Station, Thrissur District, Kerala state] 7. Mr. Chandran, District Superintendent of Police, SP's Office, Civil Station, Thrissur, Kerala Date of the incident: 9 October 2006 Place of Incident: Mannuthy police station, Thrissur district, Kerala I am writing to you to express my concern about the case of torture of Mr. Wilson, the victim named above on 9 October 2006 at Mannuthy police station, Thrissur district, Kerala. I am informed that Wilson who was taken into custody as a suspect in a murder case was brutally tortured at the police station by the police officers. It is shocking to know that the Circle Inspector of Police was himself assaulting the victim and that too under the directions of the District Superintendent of Police. It is alleged that Wilson was punched and slapped by the officers and that he was examined after being stripped in public at the police station by the police officers. It is also alleged that even though Wilson was set free the same day night he was forced to report at the police station for four days to sign some register. It is also alleged that the actual accused was later arrested and currently detained for trail. It is shocking to know that several cases of custodial deaths and torture are reported from police stations in Kerala. However, it is disheartening to know that the state government is doing nothing to prevent custodial torture. The state government has publicly announced that it does not tolerate custodial violence anymore. However, I am concerned that nothing is being done by the government to prevent custodial violence, other than publicly stating that it is neither a government policy nor an action which the government would tolerate. In these circumstances I urge you to take this case as one of the model cases where the perpetrators are punished in accordance with the existing law of the country. I also urge you to pressure the government of India to ratify the United Nations International convention against United Nations International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to come up with a domestic legislation to implement the convention in India. I also request you to pay interim compensation to Wilson pending further inquiry into the case. The police officers involved in this case must be punished, if they are found guilty of the offense. I am also informed that Wilson is willing to file a complaint at the local magistrate court and that he fears that the police will further torture him if they are informed that Wilson is taking steps to prosecute the officers involved in his case. I request you to take all necessary steps to ensure that the police officers involved in this case will not intimidate Wilson to force him to withdraw his case. Sincerely your's, NAGARAJ.M.R. APPEAL NO.2 Dear SIR , INDIA: Man tortured by Kodakara police in Kerala state looses his hearing Name of the victim: Mr. Sunil, aged about 25 years, son of Velayudhan, residing at Padinjarekunnathu house, Kodakara, Thrissur district, Kerala state Alleged perpetrators: Mr. Lohidakshan, Head Constable, Kodakara police station, Thrissur district, Kerala state and three other police constables attached with the Kodakara police station Date of the incident: 23 September 2006 Place of Incident: Kodakara police station, Thrissur district, Kerala state I am writing to you to express my concern about the case of torture of Mr. Sunil, the victim named above on 23 September 2006 at Kodakara police station, Thrissur district, Kerala. I am informed that Sunil who reported at the Kodakara police station was beaten and slapped by the police officer named above. It is also alleged that Sunil is likely to loose the hearing in his left ear from the assault. I am informed that the Head Constable who assaulted Sunil is currently under suspension. However, I am concerned whether there will ever be an impartial inquiry into Sunil's case. I am also aware that Justice Rajendra Babu Commission appointed by the state government is inquiring into this case. It is shocking to know that several cases of custodial deaths and torture were reported from police stations in Kerala in the recent past. However, it is disheartening to know that the state government is doing nothing to prevent custodial torture. The state government has publicly announced that it does not tolerate custodial violence anymore. However, I am concerned that nothing is being done by the government to prevent custodial violence, other than publicly stating that it is neither a government policy nor an action which the government would tolerate. In these circumstances I urge you to take this case as one of the model cases where the perpetrators are punished in accordance with the existing law of the country. I also urge you to pressure the government of India to ratify the United Nations International convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment and to come up with a domestic legislation to implement the convention in India. I also strongly request you to pay interim compensation to Sunil pending further inquiry into the case. The police officers involved in this case must be punished, if they are found guilty of the offense. Sincerely your's, NAGARAJ.M.R. 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