DALIT ONLINE – e News
Weekly
Spreading the light of humanity & freedom
Editor:
Nagaraja.M.R..
Vol.14..Issue.41........14 / 10 /
2018
Editorial
: Hang Corrupt Police & Corrupt Judges
- An
Appeal to Honourable Supreme Court of India & Honourable
National Human Rights Commisssion
At the outset , our salutes
to honest few left in police & judiciary. It is an appeal to
them to catch & legally prosecute their corrupt, cruel ,
inhuman colleagues.
Many times police summon ordinary public
to police stations without any official written summons , will be
illegally detained orelse they are shifted to
other inaccessible locations for interrogations. In few cases when the
detainee dies due to 3rd degree torture , body is thrown out.
Nobody can pin police for such crimes , it will be booked as a murder by
unknown persons.
In lock up death cases the whole police
force , government officials including doctors work like a mafia in
destroying evidences , threatening witnesses all to cover up crimes of
police. example below mentioned Uday Kumar Lock up death in Kerala.
Hereby we request Honourable SCI &
NHRC to constitute enquiry committee consisting members of NGOs ,
local public to probe lock up death cases and to award capital
punishment to such police officials. Also , properties of such police
officials must be attached and compensation paid to victim’s family.
The guilty police official’s family members must not enjoy luxurious lifestyle
out of ill gotten money of police.
2 police
officers get death for Udayakumar’s murder
https://timesofindia.indiatimes.com/city/thiruvananthapuram/2-police-officers-get-death-for-udayakumars-murder/articleshow/65140167.cms
https://timesofindia.indiatimes.com/city/thiruvananthapuram/2-police-officers-get-death-for-udayakumars-murder/articleshow/65140167.cms
Two
Kerala policemen get death for custodial death, three get rigorous imprisonment
The court had
convicted these five for the custodial death of a 26-year-old man at the police
station in September 2005
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Thiruvananthapuram:
A CBI Special Court here on Wednesday sentenced to death two policemen and
three others to rigorous imprisonment for three years in a case of custodial
torture and death 13 years ago.
Those handed out
capital punishment include Constables K. Jithukumar and S.V. Sreekumar, who had
detained Udayakumar who later died in custody.
Those found guilty
of conspiracy and destroying evidence are then Sub-Inspector Ajith Kumar,
Circle Inspector E.K. Sabu and then Assistant Commissioner of Police K.
Haridas.
The court on
Tuesday had convicted these five for the custodial death of the 26-year-old man
at the Fort police station in September 2005.
Police had detained
two friends, Udayakumar and Suresh Kumar, on the charge of theft. When
Udayakumar was let off later, policemen were irked when he asked for Rs 4,000
taken from his pocket by the police while he was in custody. He was brutally
tortured with an iron rod, following which he died.
Udayakumar's mother
Prabhavathi Amma had approached the Kerala High Court for a probe by the
Central Bureau of Investigation.
"This is the
best news I am hearing," she told the media as she broke down.
"Justice has
been finally delivered to my son and me. It should serve as a lesson to all
policemen never to use force against people. Such fate (her son's) should never
befall anyone again," she added.
“It was just before the Onam festival that my son
was brutally killed by these policemen. And see, Onam is now round the
corner... just as my son could not eat his Onam meal then, these policemen will
not be able to eat theirs this time," the aged woman said
News media as well as social media called it justice for Udayakumar’s
mother after 13 long years. But one young man sitting outside the Kerala
secretariat disagrees..
People in Kerala woke up on Thursday morning to pictures of Prabhavathi
Amma in the front pages of all major newspapers. The 67-year-old was in tears
after a CBI special court sentenced two policemen to death, for the custodial
murder of her son in 2005.
News media as well as social media called it justice for the mother
after 13 long years. But one young man sitting outside the Kerala secretariat
disagrees.
Sreejith, who has been sitting in protest for 957 days now, asks, “How
can you call it justice when it took 13 years to come out with a verdict?”
Sreejith's brother Sreejeev, too, was a victim of custodial violence –
in 2014. “For a mother, the loss of her son cannot be replaced by anything. I
don’t think she will feel any happiness even if the guilty are punished,"
says Sreejith.
In January this year, following a social media storm, Sreejith was able
to gain massive support from different corners of the state. While common
people marched for him on the streets of Kerala, actors like Nivin Pauly,
Parvathy and Tovino Thomas also spoke up for him.
Speaking about all the support that seems to have died down now,
Sreejith says, “It was something I didn’t call for. It picked up by itself.”
“Even as thousands gathered to support me, there were certain groups of
people who were trying to hijack the cause and to take it away from me,” he
adds.
Sreejith fears that these were people who were closely associated with
the police and the people in power.
“Just last month, I had filed a complaint with the CM of Kerala saying
that if people who are responsible for the murder of my brother are not brought
under the law before my protest reaches 1000 days, then I will stage a fast
unto death,” says Sreejith.
Sreejith also says that for the first time since he had started
protesting, he would like the people of the state to stand by him.
“Earlier this year, people of the state came together for me without me
requesting them to do so. But right now, I desperately need the support of the
people,” he says.
Though the CBI started investigating the case this year after tremendous
public pressure forced the Kerala government to approach the agency, Sreejith
resumed his strike after his statement was recorded by CBI.
In his 957 days of protest, Sreejith has gone on a hunger strike many
times and he tells TNM that he’s been on a hunger strike for the past 4 days.
Sreejeev's death
Sreejith’s brother Sreejeev was taken into custody by the Parassala
police on allegations of theft in May 2014. Days after this, Sreejeev died in a
hospital. While police officials maintain that Sreejeev consumed poison, his
family accused the officers of murder.
In 2016, the Police Complaint Authority investigation found that his
death was indeed caused by custodial torture and that the police version of the
event was false.
Lock-up
death: Nine policemen booked for murder
Lock up Death in
Mandya
Q&A – Honourable
Chief Justice of India
Almost 900
judicial custody deaths recorded in 2017, reveals RTI: Maharashtra tops chart
of deaths in police lock-ups
A total of 894 deaths in judicial custody — and 74 deaths in police
custody — have been recorded in India in 2017, an RTI response to Firstpost revealed.
The letter, signed
by the joint registrar (Law) of the National Human Rights Commission, stated
that Uttar Pradesh leads the chart of deaths in judicial custody by a
significant margin, with 204 deaths recorded in the period between 1 January,
2017 and 2 August, 2017. The state was followed by Punjab with 76 deaths
and Bihar with 64 deaths.
Uttar Pradesh, however, has a history of
consistently topping the charts of judicial custody deaths in the country.
Uttar Pradesh
Inspector General of Police (Prisons) Pramod Kumar Mishra blamed the statistics
on the high number of prisoners registered in the state's prisons. "We
have over 95,000 inmates in our jails, which is way more than the number in any
other state. When you count the deaths per ten thousand prisoners, I don't
think we will stand out as much," he said.
"One cannot
see the numbers in isolation; you have to put it in perspective. We have
22 crore people in Uttar Pradesh — you cannot compare us with Kerala which
has 3.5 crore people," Additional Director General (ADG) of Uttar
Pradesh Police Anand Kumar said, adding that the subject does not come directly
under his jurisdiction. "I am not contesting the numbers given by NHRC,
but in a populous state like Uttar Pradesh, a lot of these deaths might have
also happened due to natural causes," he said.
ADG Bhushan Kumar Upadhyay of Maharashtra Police says that the
numbers were worse before. "With better medical facilities, counselling
sessions, and marking prisoners with suicidal tendencies, we are trying to
bring the number of deaths in prisons down to a minimum," he said.
Of the 74 deaths in
police custody in 2017, Maharashtra leads the tables with 16 deaths recorded
until 2 August, 2017. Telangana comes a distant second with 7 deaths, while
Karnataka recorded a third-highest 5 deaths in police custody this year.
A senior police
official with the Maharashtra Police who wished to remain anonymous suggested
that the numbers are not a cause of worry. "I don’t think the situation is
particularly bad here. It can also be because of the sincerity of a police
force in keeping records— we are sometimes too efficient in putting everything
on paper," he said.
"Often, the
numbers are misleading. Recently, our men helped a dying beggar on the streets
and moved her to a hospital, but the doctor declared her dead on arrival. Now
this gets recorded in the list of police custody deaths in Mumbai," he
added, "Another incident involved a very sick prisoner. Since the jail was
under-staffed, they [the prisons department] requested us to send a man to
guard the prisoner in the hospital. When the prisoner died in the hospital due
to his sickness, the death got recorded as a police custody death."
Of the 16 deaths in
Maharashtra, two have been recorded in Mumbai, according to the RTI.
In July, a Dalit boy, Vinayakan, committed suicide in
Kerala, allegedly after he suffered physical and mental torture in police
custody— an allegation that was later confirmed in the post-mortem report.
Cases like Vinayakan's open a car of worms as custodial deaths in the
country often go unreported, if not unpunished.
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
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
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Contact :
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