DALIT ONLINE –
e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.14..Issue.26........30 / 06 / 2018
PIL – Witness Protection Sohrabuddin Fake Encounter Case , Gauri
Lankesh Case
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 ?
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 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 : 26th June 2018
…………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru ,
India…………………….PETITIONER-IN-PERSON
Editorial
: Corrupt Judges & 5 Star Jails
- Safety
of Jail Inmates Responsibility of Judges
The presiding judge of the case who issues arrest
warrant against a person , who rejects the bail plea of the accused
and the judge who remands accused to police custody / judicial
custody is fully responsible for safety , human rights of the prison /
jail inmates. Use of 3rd degree torture is rampant in
jails and in all such cases , respective presiding
judges must be made to pay compensation from their pockets and
judges must be charged for AIDING & ABETTING THE
MURDER ATTEMPT on prisoner by jail / police
authorities.
In the same way , it is the duty of the presiding
judge who convicted or remanded a person to jail , to ensure
whether the person is getting RIGHT PUNISHMENT as per law whether
less or more in jail and to ensure right punishment for him.
Rich & mighty criminals are getting lesser punishment than
the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor
people are exposed to harsh punishment , 3rd degree torture
within jail which are not permitted by law / judgement.
This can only happen with the connivance of corrupt judges
& police. Why not legal prosecution of corrupt judges &
police and putting judges , police behind bars ? Are the JUDGES
& POLICE above Law ?
Presiding Judge who convicted Sasikala &
Police fully responsible for 5 Star Jail life of Sasikala
& Ilavarasi Watch :
Are CJI & Supreme Court Judges sleeping or
conniving ? Anyway SCI Judges get lakhs of rupees salary , 5 star
bungalow , car , etc even if does duty properly or
improperly.
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
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
Crimes by Khaki
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
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
Contact : editor@dalitonline.in
