OPEN LETTER TO HONOURABLE CHIEF JUSTICE OF INDIA

______________________________________________

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

_______________________________________________

Editor : Nagaraj.M.R............vol.2…issue.49.............17/02/2007

_____________________________________________________________

Editorial : AN OPEN APPEAL TO JUSTICE SHRI. K.G.BALAKRISHNAN , HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

Recently , in the media an interview with the present chief justice of India was reported. In the interview the honourable CJI stated that he is against any compulsory disclosures to be made by judges ie he is against any external supervision of judges performance , as any self respecting judge would not like this. He is for voluntary disclosures by judges themselves. It is true , thinking on the same lines, our constitutional forefathers thought that only people with self respect , personal integrity will come to occupy high constitutional offices in parliament , legislature & judiciary , as at the dawn of independence there were great educationists , statesmen in parliament , judiciary , in the whole of public service . that is the reason they have left out blank in drafting disciplinary proceedings against erring judges , ministers , MLAs , MPs. They have not even dreamt of the present situation, now see the opposite individuals facing murder , rape , extortion charges are in parliament , state legislatures, corruption is rampant in judiciary. These facts have been publicly acknowledged by union cabinet ministers , supreme court judges themselves. This problem has grown out of proportion due to failure of self regulation , transparency by judiciary & parliament.

Even certain technicalities , actions of the judiciary are biased for the rich & mighty. The cases of commoners drag on for years , months without a hearing whereas the special leave petitions which only rich can afford & other cases which the judge thinks urgent comes for hearing at the shortest time & even interim orders are issued. The judiciary in convenient cases initiates suo-motto action based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.

Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ? what about poor people who unable to bear police 3^rd degree torture confess to crimes they have not committed & suffer punishment - some times even death sentence , what about their self respect ?

Nowadays numerous scandals involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it’s findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.

In the same manner , senior judges facing charges of irregularities / corruption are either asked to resign or not allotted any judicial work. Only in rarest cases impeachment motion is brought about by parliament.

In this manner on quid pro quo basis the functioning style , action time of judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?

Resignation from office or not allotting any work to tainted constitutional functionary is not complete equitable justice ? what about the legal prosecution for their wrong doings ?

Just see the recent media reports about justice bhalla. See the recent reports in “vijaya karnataka’ about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits afterwards. Naturally, corruption spreads. Just remember “ROOST RESORT SCANDAL” involving selectors- high court judges & the candidates - newly selected women judges.

The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people’s fundamental rights. Ofcourse , there are honest persons in public service – judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues . JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

_______________________________________________________________________

WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???

In the media , recently there were reports about irregularities about Justice Bhalla who is awaiting promotion as chief justice of high court. 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 , e-Voice Of 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 ?

_______________________________________________________________________

ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED

In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones – the judges will give favourable judgements when the cases of these godfather's & their cronies comes before them – the prodigal sons. As in other wings of government , corruption has spread it's tentacles far & wide in the judiciary also. Remember " roost resort"scandal" – wherein the newly selected women judges were returning favours immorally to their selectors – high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.

Our constitution has given independence to judges , to freely make their own inference , interpretation of law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don't have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as " contempt of court" , the commonman is punished & the voice seeking the truth is silenced forever.

The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of India to give me information about the following :

1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?

2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?

3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?

4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?

5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.

6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?

7.are judges more equal than the citizens of india?

8.why don't the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?

9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?

10.why don't the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?

11.why you have not registered previous appeals of HRW , as PIL & not responded till date?

12. the judiciary – honourable supreme court of India itself is violating my constitutionally guaranteed FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?

We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india's unity & integrity, than terrorists. Hereby, HRW offers it's services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

_______________________________________________________________________

AN APPEAL TO HONOURABLE REGISTRAR-GENERAL SUPREME COURT OF INDIA & HONOURABLE REGISTRAR-GENERAL HIGH COURT OF KARNATAKA

In the past , police have apprehended tricksters who have given wide advertisements in the media publishing vacancies in reputed or some times fictious companies. The tricksters used to collect application fees by way of DD from desiring candidates and used to vanish even without conducting interviews , fully taking advantage of rampant unemployment problem in India. Now , Karnataka state judicial department has duped umemployed youths with the same trick. They have called for various positions in the year 2003 vide notification :

registrar, city civil court, bangalore ( NO: ADM/E(A)/422/2003) &

registrar, district & sessions court, mysore ( NO: ADMN/A/10825/2003).

Till date , there is no reply from them. As per RTI Act when information was sought from them , they replied that they have not yet conducted the interview & awaiting law department’s sanction. How come they have started the recruitment process without the law department’s approval ? is it not cheating of the unemployed youths of their application fees & most importantly their precious careers ? what action ?

the judges & judicial officers are independent as per law and are not the servants / employees of any state or central government. So, they are basically ineligible to be members of the “ KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEE’S HOUSING CO-OPERATIVE SOCIETY”. However , judicial officers from the rank of munsiff judges to chief justice of India have become members of the said society & were allotted prime lands worth crores of rupees for a few thousands at judicial layout , yelahanka , Bangalore. While the genuine members of the society like clerks , peons , etc in the state judicial department are waiting for the sites. Has the powers that be in government of Karnataka , repaid favours in this manner ? what action ?

________________________________________________________________________

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy. 1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? 2) What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House 3) What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. 4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. 5) Are the privileges defined & codified ? 6) Are these privileges above freedom of the press ? 7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? 8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? 9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? 10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? 11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. 12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? 13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ? 14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? 15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? 16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? 17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? 18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? 19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? 20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? 21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. 22) What is the criteria for admitting a P.I.L. & giving free legal aid ? 23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

________________________________________________________________________

Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,

MYSORE – 570017 INDIA………cell : 9341820313 home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/,

http://e-voiceofhumanrightswatch.blogspot.com/ contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

A member of AMNESTY INTERNATIONAL INDIA