Sunday, June 3, 2007

SUPREME COURT OF INDIA - OPEN YOUR EYES

e –Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom Editor : Nagaraj.M.R.........vol.3…issue.12................02/06/2007

Editorial : BMW Expose – pointer to failure of indian judicial system

- OPEN YOUR EYES SUPREME COURT OF INDIA

Recent NDTV BMW Expose points towards , how rotten our judicial system has become. In a democracy like India , for a common man judiciary is the last saviour . When that saviour himself becomes a demon , to whom he should turn . the said case point towards cases involving rich & mighty , whether it is a criminal case , civil or tax cases , etc , when rich & mighty are involved they purchase both defence & prosecution side involving witnesses , government officials testifying. Those who don’t fall into their lines are threatened , assaulted & even murdered. As a whole the judicial process is derailed. The honest judge who is presiding over the case remains as a mute spectator & forced to acquit the criminal for failure of prosecution , for lack of evidences. In some cases , the judges themselves are also corrupt , which makes the job much easier for the rich & mighty criminals to go scot-free.

Take the case of editor of e - voice of human rights watch , inspite of suffering numerous injustices , physical assaults , murder attempts , etc and repeated appeals to the authorities including the chief justice of India & president of India , justice is no where in sight , police have repeatedly enquired the sufferer of injustice but they never questioned the perpetrators of injustices. It is the constitutional duty of president of India & chief justice of India as custodians of law , to safe guard the fundamental rights & human rights of every Indian citizen , but till date they have failed to do their duty. The supreme court of India has even failed to provide information , reply to the application dated 27/04/2007 of editor of this publication seeking information as per RTI Act 2005. All these actions & inactions of supreme court of India & president of India , has emboldened the rich & mighty criminals that they can do any thing in India & go scot-free. In this back drop , further if any thing untoward happens to editor of e – voice of human rights watch or to his family members , to his dependents , IT IS H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA WHO WILL BE BOTH RESPONSIBLE FOR IT.

What is needed is protection of witnesses , protection of both defense & prosecution side witnesses , transparency in the judicial system , accountability of judges & advocates , code of conduct for advocates & judges. By these measures alone , we can protect & respect our constitution of India , citizen’s rights. JAI HIND. VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH , INDIA

Respected Madam ,

INDIA: Caste based discrimination and assaults against Dalits are on the increase in Uttar Pradesh

Case 1: Name of victims: 1. Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar 2. Ms. Sunita, wife of Virendra Sonkar (Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh) Alleged perpetrators: 1. Mr. Manoj Yadav son of Nakhdu Yadav 2. Mr. Rajesh Yadav son of Shyam Narayan Yadav 3. Mr. Vinod Yadav son of Nakhdu Yadav (All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh) Date and place of Incident: 11 and 12 May 2007 at Shankarpur village, under the jurisdiction of Chaubepur police station in Varanasi district, Uttar Pradesh Case 2: Name of victims: 1. Mr. Lalji Ram, son of Mr. Neur Ram 2. Mrs. Nageena Devi wife of Mr. Lalji Ram 3. Sunil, son of Mr. Lalji Ram (All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh) Alleged perpetrators: 1. Mr. Nathuni Yadav, son of Mr. Nakdu Yadav 2. Mr. Dina Yadav son of Mr. Sadhu Yadav (Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh) Date and place of Incident: On 17 and 24 April, 2007 at Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh

Case 3: Name of the victims: 1. Mr. Mithailal alias Mithairam, son of Mr. Ramdhani 2. Mr. Balkaran nephew of Mithailal (Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India) Name of the perpetrators: 1. Mr. Savaru Yadav, son of Budhu Yadav 2. Mr. Panaru Yadav, son of Babanu Yadav (Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India) Date and place of Incident: On May 18, 2007 at Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India

[Mr. Praveen Yadav, who is the Officer-in-Charge of Chaubepur Police Station, Varanasi district, Uttar Pradesh, was presented all the above cases but no action has been taken to stop violence against Dalits and to punish those responsible on grounds for his cast.]

I am writing to you to express my concern about the three cases of atrocities committed against the dalit community in Varanasi district reported from Shankarpur and Gaurdih village. I am informed that in three separate incidents that happened on 17 and 24 April 2007 and 11, 12 & 18 May 2007 the victims named above were assaulted by various persons from the Yadav community.

I am informed that in the first case Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar and his wife Ms. Sunita was assaulted by Mr. Manoj Yadav son of Nakhdu Yadav, Mr. Rajesh Yadav son of Shyam Narayan Yadav and Mr. Vinod Yadav son of Nakhdu Yadav. The incident was started off by the perpetrators intentionally destroying Virendra’s cultivation, which when opposed was silenced by the perpetrators abusing and assaulting the victims, whereby they suffered injuries.

The second case reported from the same village, though it happened in April, before the change of the government, was an incident that was triggered off after a request for water from the common tube-well in the village. In this case the assailants named above, again from the Yadav community, assaulted the father, mother and the child. All the three were injured in the incident.

In the third case the members of the Yadav community from Gaurdih village assaulted Mithailal and his nephew Mr. Balkaran because Mithailal’s cow had walked into the land of one Mr. Savaru Yadav. The arguments, between the victim Mr. Mithailal and the owner of the land Mr. Savaru, resulted in an incident where Mithailal and his nephew were attacked by the Yadavs of the village.

I am concerned about the pattern of these three incidents where individuals of the dalit community in the villages are assaulted by groups from the Yadav community. From the facts of these three cases it is also evident that the situation within the villages that are dominated by the Yadav caste must be tense, particularly after the defeat of the former government which was led by the Yadav leader. The incidents are also a probable reflection of the Yadav or the upper caste community and its apprehension of an increasing dalit resistance in villages. In this context I also wish to bring to your notice the fact that from Shankarpur village in the past there had been reported cases of starvation deaths.

I am also surprised to know that the Station House Officer of Chaubepur Police Station and the Senior Superintendent of Police, Varanasi had not initiated any action against the perpetrators upon the incident even though the cases were brought to their notice in writing soon after it happened. This also suggests the reluctance of the local police to investigate and take actions in cases where atrocities are reported against the dalit community.

I therefore urge you to immediately inquire into the matter and take the following actions:

1. To order an immediate inquiry by the local police against the incidents reported to them regarding the cases mentioned above and to charge the perpetrators named above for the crimes they have committed; 2. To inquire into why the local police failed to take any action in the three cases and; 3. To provide protection for the victims in the case.

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

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO H.E.PRESIDENT OF REPUBLIC OF EGYPT

Your Excellency,

I am gravely concerned about the arrest of Abdel Karim Sulaiman Amer, who was detained November 7. Amnesty International believes he may be a prisoner of conscience who is being prosecuted on account of the peaceful expression of his views about Islam and the al-Azhar religious authorities. I ask that the Egyptian government clarify the reasons for his detention and wish to express concern that his arrest could violate Egypt’s international commitment to protecting its citizens’ rights to freedom of thought, conscience and religion. I urge that Abdel Karim Sulaiman Amer be released immediately and unconditionally if he is held solely for reasons connected with his peaceful expression.

Abdel Karim Sulaiman Amer was summoned to appear before the office of the Public Prosecutor in Maharram Bek district of the city of Alexandria on November 7 following a complaint reportedly made against him by al-Azhar University, where he previously was a student. He was charged with an array of offenses, including “spreading information disruptive of public order,” “incitement to hate Muslims” and “defaming the President of the Republic.” The Public Prosecutor ordered his detention for four days, which was later reportedly extended for a further 15 days.

He previously spent 12 days in detention in October 2005 after he wrote about sectarian riots in Alexandria's Maharram Bek district. The detention and his writings further led him to being expelled as a student at al-Azhar University following a disciplinary hearing.

I am sure you are aware that the International Covenant on Civil and Political Rights, to which Egypt is a state party, protects freedom of thought, conscience and religion. The covenant requires governments to protect citizens from any coercion that would limit these freedoms. I thank you for your personal attention to these serious concerns and request that you inform me about any developments in Abdel Karim Sulaiman Amer’s case.

Your’s sincerely,

Nagaraj.M.R.

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