Saturday, February 24, 2007



e – Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom


Editor : Nagaraj.M.R............vol.2…issue.50.............24/02/2007

Editorial : MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver + non performing assets of banks to the tune of Rs. 200 000 crore

- An appeal to Honourable Supreme Court of India

India has become an IT power , taken giant strides in the field of science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of drinks , non-veg foods not at their papaa’s expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it’s dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it’s worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don’t pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off dues cann’t be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa’s property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04th January 2007. just look at this in the backdrop of “QUESTIONS FOR MONEY BY SOME MPs” and “MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL”. The government is always unresponsive , careless towards the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it’s services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,

  1. to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.
  2. to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading like – selling products , materials , shares to their sister concerns at discounted prices or buying products , materials , shares from their sister concerns at inflated prices or lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.
  3. to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.
  4. to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.
  5. to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.
  6. to put behind bars tax officials who have helped such corporates in swindling public money.
  7. to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.
  8. to recover & protect public money at any cost.
  9. to confiscate all money , properties possessed by directors of such criminal corporates & properties of corrupt bank , tax officials , public servants.


Your’s sincerely,




In india , tax compliance is worse. In our criminal justice system, there is rigorous imprisonment for a pick-pocketer stealing Rs.10. even the authorities spend thousands of rupees in legally prosecuting him & the thief spends a year or more as punishment behind bars. Where as there is no commensurate investigation nor legal prosecution nor punishment for corporate thieves , evading tax to the tune of crores of rupees. In contrast, those tax thieves pay a part of that booty to the ministers & political parties and get crores of rupees tax exemptions , incentives from the government. Government is rewarding corporate criminals.

The tax officials of central & state governments are hand in glove with these corporate criminals & traders. For a price, they are helping corporates & traders in evading tax. Most of the tax officials are wealthy & leading luxurious lifestyles , much beyond the scope of their legal income. The black money thus generated every year by tax evasion , is many times more than our total annual budget allocation. As a result, all our fiscal reforms fail & inflation is soaring. This black money is the source of illegal funding of political parties , terrorist outfits & underworld. It is a greater threat to national unity & integrity.

Both the central government & karnataka state government have failed to collect the full , actual tax dues from corporates & traders. As a result , the governments don't have enough money in their coffers even to provide basic needs like health care , education , safe drinking water , etc to the poor & needy. For every Rs.100 tax evaded , one poor patient is dying without medical care , 10 poor persons lack education , 100 persons don't get safe drinking water , 100 persons barely survive on a single piece meal per day , 20 persons starve. Most of The government officials , ministers & people's representatives who have deliberately failed in their duties of tax collection & welfare of poor citizens , SHAMELESSLY indulge in luxurious lifestyle at the expense of poor tax payer . they live in paltial bungalows , chauffer driven AC cars , all living food expenses paid by exchequer , dine at 5-star hotels , only drink bottled mineral water , eat non-vegetarian dishes , drink alcohol sitting before mahatma gandhi's photograph & preaching mahatma's ideals. Mahatma preached & practiced simple living , vegetarianism & he was teto teller , he paid for his expenses from his earnings . these public servants are parasites , who are making merry at the expense of tax payer.

Some non government organisations ( NGO) have formed trusts and under the aegis of those trusts are running educational institutions , hospitals , community halls , etc , in the name of providing free / subsidised services like education , health care , etc to the poor. It is only in record books , they conduct fake medical camps , self employment training camps . in practice they are running these educational institutions , hospitals & community halls as commercial enterprises & collecting huge fees. they are not even remitting full fees collected to the trust account & swindling the money. no outsider is allowed to become a member of these NGOs , only their cronies & their family members are in these trusts.

Numerous NGOs promoted by religious bodies , mutts are swindling public & government money to the tune of crores of rupees. Nobody dares to question the heads , pontiffs of these mutts , as at his feet VVIPs , ministers fall down. These religious bodies are hot beds of fundamentalism , terrorism & mafia. Hwere is the accountability of religious bodies & political parties in in india ?

Inspite of bringing specific cases to the notice of authorities , they are mum ? hereby , HUMAN RIGHTS WATCH offers it's services ( subject to conditions ) to the governments of india & karnataka , in apprehending the criminals – tax evaders. Are you ready mr.Chidambaram sir & mr.Yediyurappa sir ? If you are ready to do your duty look into the cases our publication has given in previous issues , take appropriate action & kindly inform me about the outcome.

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- An appeal to honourable chief justice of india

In India, as per law the ownership of the living physical bodies of human beings lies with the government of India. The person / human being doesn’t have any right over his own physical body. The government is the owner, GOI is in the position of a trustee / guardian of all human beings within Indian territory.

The role of a trustee / guardian of a property is not just to enjoy the profits , is not just to have a right over the property but to safeguard , up-keep & maintain the said property till it is passed on to the final beneficiary. In this case , the collective human beings in India constitute the HUMAN CAPITAL of India. The GOI is the trustee of this human capital and is duty bound to pass on this safely to the final beneficiary ie GOI itself.

The trustee must safeguard the trusted property & maintain it , instead if he joins his hands with the criminals , vandalisers & destroys the said property , the trustee looses all his moral & legal rights over the property.

The GOI instead of protecting the human rights , fundamental rights , protecting & up-keeping the health of it’s human capital has failed to provide even basic necessities of a living being. On the contrary , GOI has joined hands with criminals & snatched away remnants of life sustenance from the human capital. In India , GOI has teamed up with criminals - police who falsely implicate & kill innocents using 3rd degree torture , manufacturers of adulterated / harmful food products who slowly disable & kill innocent consumers , manufacturers of fake medicines who slowly disable & kill innocent patients , the govt officials who siphon-off food grains meant for FOOD FOR WORK programme , the govt doctors who siphon-off free medicines meant for poor , etc

As a result , millions of people in India barely survive on a single piece meal per day , millions lack access to potable drinking water & health care , hundreds are dying due to starvation , mal-nutrition , food poisoning , wrong medication , etc. numerous innocent people are suffering 3rd degree torture in police stations & many are getting killed in lock-ups.

Even when these crimes are brought to the notice of GOI, instead of protecting , safe guarding the people , it neglects it’s duties & indirectly aid the criminals. Thereby , GOI has lost it’s moral & legal right over the physical bodies of living persons , GOI has lost it’s trusteeship.

In this backdrop , as a human being is left to fend for himself , to get out of his personal hardships a human being at his option can sell his own body’s organs or commit suicide or can ask a doctor to kill him on grounds of mercy. It will be just & legal , as GOI has failed in it’s duties as a trustee.

Hereby , HRW appeals to honourable supreme court of India , to order GOI & other state governments to perform it’s duties as a trustee of human capital or to declare the sale of human organs by the person himself , suicide & mercy killing as LEGAL.


One eye & One kidney for sale. Minimum reserve price Rupees ten lakhs exclusive of taxes. Insurance cover for double the amount must be provided to the organ’s seller by the buyer , right from acceptance of bid till his lifetime. 10% of the bid amount must be paid to the prime minister of india’s national calamities relief fund. The buyer must bear all expenses related to this sale process. The seller reserves the right to withdraw this offer. Contact the editor of e-Voice Of Human Rights Watch.


Dear Sir,

INDIA: Alleged arbitrary arrest and torture of 7 rag pickers by the Baranagar police

CASE 1 Name of the victims: 1. Mr. Sattar Gazi son of Late Mandar Gazi 2. Mr. Mansur Sardar son of Late Siraz Sardar, residing at 4, Basanti Colony, Ultadanga Police Station 3. Mr. Sabadu Barman 4. Mr. Bihima Barman 5. Mr. Nandan Das 6. Mr. Sukumar Das The other rag pickers who reside under the jurisdiction of the Baranagar Police Station, Kolkata Alleged perpetrators: 1. The Officers-in-charge of Baranagar Police Station 2. The arresting police officials of Baranagar Police station 3. Mr. Abhijit Chowdhury, Investigating Officer as well as Sub-Inspector of Baranagar Police Station 4. Subhas Mullick, Advocate practicing in the Assistance Sub Divisional Judicial Magistrate court of Barrackpore Place of Incident: Metharpara, near Baranagar Police Station and Bonhooghly Date and time of incident: 29 January 2007 at about 12:00 pm

CASE 2: Name of victim: Kaua Seikh, residing at 4, Basanti colony, Koilkata-67, West Bengal, India Alleged perpetrators: The arresting Police Officer of Baranagar Police Station, Kolkata, West Bengal Place of Incident: Baranagar police station Date and Time of Incident: 22 December 2006 at 10:30 am

I am writing to voice my concern about the alleged arbitrary arrest, illegal detention and brutal torture of seven rag pickers by the Baranagar police station in West Bengal 22 December 2006 and 29 January 2007. The victims also allege that the police have fabricated charges against them. The victims are amongst the poorest and most marginalized group in West Bengal and have been targeted due to there vulnerability.

I was informed that the above mentioned poor rag pickers were arrested by the police of different police stations going against the law of the country and direction of Supreme Court of India. Mr. Sattar Gazi and Mr. Mansur Sardar were collecting rags at Metharpara near the Baranagar Police Station and Bon Hooghly, which also falls under the same district police Station in Kolkata. Two police officers in civilian clothes arrested the men and took them into custody without showing a warrant or providing any reason. A case was later registered by the Baranagar police against the victims under section 380 of the Indian Penal Code and was then dated 27 January 2007, two days prior to their arrest.

I was also informed about another incident of arrest involving a rag picker named Kaua Seikh who was allegedly tortured, assaulted and abused by a police officer from the Baranagar police station. On 22 December 2006 at around 10:30 am, Kaua was picking up waste paper when a police officer in civilian clothes started beating him without reason and then brought him to the police station. When Kaua asked to know what charges were laid against him, the police assaulted him and accused him of stealing a one-lakh vehicle worth twenty-five thousand rupees (USD 565). At 10:45 am, he was thrown inside police lock-up.

The next morning on 30 January 2007 at 10:15 am, Mr. Sattar Gazi and Mr. Mansur Sardar, along with four other detainees named Mr. Sabadu Barman, Mr. Bihima Barma Mr. Nandan Das and Mr. Sukumar Das were taken to the government hospital for a check-up. After the hospital, the men were brought back to the police station. They were then sent to the court of the Additional Chief Judicial Magistrate of Barrackpore at 10.45 am. They were granted bail with the help of a hired advocate named Subhash Mullick who charged each detainee Rs 500 (USD 11). Subhas Mullick is regularly seen at the police station allegedly offering his services to rag pickers who have been illegally arrested for five hundred rupees.

I also know that a man named Mr. Makhan Chakrabarty had registered a case of theft at the Baranagar police station. It seems to me that the Baranagar police have falsely implicated the poor rag pickers in this case to save face.

It also pains me to hear the rag picking still exists in India. It is shameful that these individual’s have been singled out by police. This community is one of the most vulnerable in the country and should be protected and helped by the government. Instead, they are forgotten and neglected.

I therefore urge you to immediately intervene in this situation by initiating an independent inquiry and take all necessary steps in the cases of arbitrary arrest of rag pickers on the basis of fabricated charges so that these poor people can achieve justice. I also request that an independent inquiry is conducted against the police officers responsible for violating the rules of arrest.

I trust that your intervention will be forthcoming in this matter.

Your’s sincerely,


Profile of a police station in India post Nithari, lockup story in Noida

-- By Dr. Pushkar Raj Honourable Secretary, PUCL As I led a group of researchers on police and judicial reforms from School of Law and Governance from one of the prestigious universities of India, JNU, to one of the police stations in Noida, a suburb of Delhi, I overheard the researchers talking amongst themselves that they were visiting a police stations for the first time. I was not surprised. Most of the privileged of India do not go to the police, the police come to them. For poor it is different. As is evident from Nithari. The group was excited. More so because they were visiting a police station in Noida, supposedly the infrastructural capital of the country and home to the cream of India’s retired bureaucrats, influential and prosperous. Add to it that the police station they were going to visit was the one that had presided over the doings of the serial killers of the notorious Nithari. As we entered through the entrance into an alley, two dirt invested old white plastic chairs greeted us. In front of them laid a bench like long table covered with a piece of mud colored cloth that was washed long back. Across the table were two more chairs supposedly for the duty officer and his assistant. All the chairs were empty. To the left of this alley stood men’s lock up, somewhat in darkness and invisible. Opposite to it was woman’s lock up. The women lock up was being used as a dumping store including liquor bottles which were there in plenty. On the right side was the record room; opposite to it was a spacious room that was station house officer’s (SHO, who is known as SO) office. The duty officer was a sub-inspector, the same rank that is of the police station in charge. There could be as many as ten sub inspectors serving under the sub inspector who is the station in charge. How they manage the psychological upheaval of subordinates of the sub-inspector rank serving under the station house in charge of the same rank and its impact on administrative and professional functioning is any one’s guess. The duty officer as a matter of exception was not arrogant. He pleasingly agreed to address the questions of the researchers. He enlightened the researchers that a suspect always needs `thukai pitai’ (sound trashing) to tell the truth. To him that was not only a rule but a cosmic truth that could be ignored at the peril of the investigation. He further said that generally they end up spending money out of their own pocket while investigating a case if it involves stiff dead lines when influential people are involved or if that involves traveling. Or it is done at the expense of the party that might benefit if the case is worked out. The provisions under law that provide for release of money for investigation of a case are too antiquated, cumbersome and inadequate that they are left unused. It is insulting to ask for money from the police station in charge who has discretion over that fund. As the rest of them were engaged in serious conversation with the duty officer I peeped into the men’s lockup room. The men’s lock up, a fifteen by twelve room without light had a worn out darri spread over it. In one corner stood a wall of around three feet height separating the rest of the room that served as a bathe room and the toilets for the inmates. Being in a corner of an unventilated lockup the place was enveloped with a stink of urine and excreta. There were two inmates. One awake and the other asleep. As I spoke to the one who was awake the other also got up. He was wrapped in a thin blanket, definitely not adequate in under 5 degree Celsius temperature in cold winter of the capital and its surroundings. One was Anil. The other was Ravinder. Anil was 24, dark, well built and handsome. Under matric from Bihar he worked in a factory in Noida. His friend Ravinder, a little taller matched his friend’s physique and education and was 26. Ravinder works in Delhi. Anil was charged with eloping with a girl who the police say is minor, Anil says she is not. Ravinder has nothing to do with it. He was there because he was Anil’s friend. He came to visit him in police station and thanks to the police he got stuck up in lock up. Both of them are there for four days- a clear violation of article 21 of the Indian constitution. As I looked into the eyes of these two inmates in lockup there was tiredness, grief and resignation. I asked them what the matter was. They reluctantly told me that they were hungry. It was four in the afternoon. They were given food last night. They told me that generally they were given food once a day- during the night only. That too was not adequate. There was no drinking water in the lockup. I asked the police in charge why they were kept in lock up for four days while they should be presented before the judicial magistrate under the law. He answered in `know all tone’ that these people have committed a very serious crime and that these types of the cases get solved like this only. I did not reason with him what law provided, for I knew that it would not make this over fifty years old officer see reason. When I asked him why they were not given adequate food he said that they get Rs. Three and fifty paisa per meal (or was it Rs. Five and fifty paisa, he was not sure and he did not think it fit to confirm it). And he implied that it was obviously not enough to feed them three times a day. I wondered how many future inmates of this lockup will be starved and dehumanized before the officers of this police station will respect the law of the land. And this is one of our better police stations on the edge of the capital. Imagine about the rest! .


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