S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....... vol.5 . issue.18 .........02/05/2009
EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACY Freedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom - urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals . based on these in -born natural traits of a human being - a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. As there is a boundary line to the field, there are certain limits - social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every one i.e. freedom, guarding one-self & his fellows not to cross that limit is " Responsibility/ Duties". As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightened citizens or press.
This in-born urge to freedom is therefore a natural birth right, a
human right. Democracy-the system of governance based on the natural
traits of human beings and ensuring their organic growth, is built
upon this very foundation. Thus The Constitution of
Nowadays due to widespread criminalisation - unwanted elements have entered into corridors of power - politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media / press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people, criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people - It is the key to their riches . So some of these constitutional functionaries physically assaulted media persons, got them beaten - up & even murdered the dissenting media / human rights activists. The speakers of the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don't even attend the house punctually. Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals - the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information / expression - The Media / press.
Nowadays it is becoming frequent with Judges & the people's representatives, to slap contempt proceedings "Against Journalists & citizens" who demand information / accountability & against those who speak - out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through "Legal Immunity Privileges". The recent cases are the "Roost resort case involving Karnataka High Court Judges" where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu" & "Murusoli".
Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official's secret act Reservation Policy, Article 370, various non-uniform civil codes etc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning democracy. Ensure , protect & preserve it.
JAI HIND VANDE MATARAM Your's Sincerely, NAGARAJ. M.R.
NARCO-ANALYSIS – RIGHT OR WRONG?
The advances in science must be used by the police to find out the truth, to solve the mysteries of the crimes. It is the better option for both investigation / interrogation than the classical interrogation method involving third degree torture, where in the accused breaks -down & blurts out the truth, usually, in most of the cases innocents unable to bear the torture confesses to the crimes they have not at all committed. The scientific tools of interrogation namely Narco-analysis . Brain mapping & polygraph Tests must be made mandatory for interrogation. The perpetrators of third degree torture i.e. Police Military personnel must be punished severelly. Not just on innocents, even on proven criminals police have no rights to torture. It is grossly inhuman & illegal.
At present, there is certain bias in the usage of scientific interrogation tools:-
1) Generally everybody is afraid of police & their corrupt practices. Even innocent persons are frightened of false fix-ups & third degree torture by police. This fear shows up in their heightened anxiety level, changes in their blood pressure, respiration, heart-beat etc., There are chances of misinterpreting this as the "Fear of a criminal of being caught".
2) These scientific tools are in the hands of police only. Therefore it is biased towards the police or prosecution in a case. Forensic science labs where these scientific interrogations are conducted are under the control of Police department . Fundamental objective of police is to prove their case, the prosecutions stand point rather than finding out the truth. Sometimes, the stand points of prosecution police are influenced by caste, political & monetary considerations. This bias reflects in the preparation of the "Questionnaire by the Interrogator" The interrogator if he wants to bring out a negative image of the accused before the court, he prepares the questionnaire such that only negative issues come out as the answers. If the accused has got political patronage & has paid hefty bribe to the police questionnaire is prepared such as to bring out a positive image, to highlight innocent image of the accused. Leaving out all other related questions, which brings out truth, a negative image of the accused. The police are the one who decide the fate, destiny of the accused.
3) Every human being has two personalities with in his sub - conscious mind one personality is evil, selfish & craves for all material pleasures. The other personality is good , humane & sociable one. Whenever an issue comes up before a human being , whenever a human being sees, reads or hears a subject two opinions are formulated about it by him. One by his evil, selfish ego the other by his good, humane self .A perfect human being, a social being is one who controls his mind, contains the evil influences of his selfish self and follows the guidance of his good self. This readily expresses itself through good humane social actions. A criminal is one who does not have control over his mind and acts according to the evil guidance of the selfish self.
There are chances of mis-interpretation during scientific interrogation . If you expose only evil self you will get a negative image or else if you expose only the good self you will get a positive image of the accused. For a balanced view, you have to see the both evil-self & good self of the accused together with his past & present actions.
4) At present only it is the prosecution who can use these scientific interrogation facilities, but not the defence. In the fake stamp paper scam during Narco Analysis , king pin Mr. Karim Lala Telgi blurted out the truth - gave out the names of his VVIP accomplices, Police accomplices, his business details, so far so good. Hereby I do request you to order both the union government & all state governments :-
1) To keep the forensic science laboratories under the control of autonomous bodies like National Human Rights Commission.
2) To make the scientific facilities of interrogation available for both the prosecution & the defense of course, for a fee.
3) To enact legislation to subject the corrupt investigating officer, corrupt public prosecutor, corrupt presiding judge of the case, etc., to scientific interrogations, by both the defense & prosecution.
4) To factor in the allowances for the natural fear for police (for their corrupt, ruthless, devil face).
5) To create an unbiased impartial atmosphere free of fear or favor to conduct the scientific interrogation.
6) To enact guidelines for scientific interrogation for framing questions to bring out both good & evil self in the sub conscious to have a balanced view of the man under question together with his past & present actions .
7) To make it mandatory for all cases including VVIPs .
In various cases scams, involving VVIPs cases drag on for years. Public money is wasted through waste of deliberations of the house ( Parliament, Legislative Assembly), Waste through constitution of Parliamentary committees , Judicial commissions, why not all those VVIPs accused of involvement in scams subjected to tests like Narco analysis, poly graph, Brain finger printing etc., So that L K Advani & Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia gandhi family will tell about Bofors, George Fernandese about Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam about Telecom purchases, Lallo Prasad Yadav about fodder scam. The scam tainted VVIP list goes on. Why not these VVIPs are subjected to scientific interrogation with unbiased questionnaire?
FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN
Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest.
3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police
At the outset , e-voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues. The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this : 1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree torture on innocents. 2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree torture is used on innocents. 3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd degree torture on innocents. Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them. There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police. In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police. All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks. Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias. hereby we urge the GOI & all state governments : 1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings. 2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc. 3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings. 4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture. 5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents. 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court. 7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar. 8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA". 9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor. 10) To include human rights education in preliminary & refresher training of police personnel. 11) To recruit persons on merit to police force who have aptitude & knack for investigations. 12) To insulate police from interference from politicians & superiors. 13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police. 14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely. 15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.
FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES
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
POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF
Reference: On-line grievances DARPG/E/2009/06279 , DPG/M/2009/80069 , DPG/M/2009/80070
In India , as per constitution of india all citizens are equal , have right to equal oppurtunity &
equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian
citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of
his / her birth.
IS NARCO – ANALYSIS A RELIABLE SCIENCE ?
Introduction & History-
The term Narco-Analysis is derived from the Greek word nark? (meaning
"anesthesia" or "torpor") and is used to describe a diagnostic and
psychotherapeutic technique that uses psychotropic drugs, particularly
barbiturates, to induce a stupor in which mental elements with strong associated
affects come to the surface, where they can be exploited by the therapist. The
term narco-analysis was coined by Horseley. Narco analysis first reached the
mainstream in 1922, when Robert House, a
The search for effective aids to interrogation is probably as old as man's need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.
A Brief Outline of The Narco Analysis Test- The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject's inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject's inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain "probative truth" about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person's sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.
Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.
Other associated truth finding tests-
Apart from narco test there are also other two kinds of tests which are
popularly used on the convict for extraction of truth, these are-
I. Polygraph or lie Detection Test:
It is an examination, which is based on an assumption that there is an
interaction between the mind and body and is conducted by various components or
the sensors of a polygraph machine, which are attached to the body of the person
who is interrogated by the expert. The machine records the blood pressure, pulse
rate and respiration and muscle movements. Polygraph test is conducted in three
phases- a pretest interview, chart recording and diagnosis. It was Keeler who
further refined the polygraph machine by adding a Psycho-galvanometer to record
the electrical resistance of the skin.
II. P300 or the Brain Mapping Test:
This test was developed and patented in 1995 by neurologist Dr. Lawrence A.
Farwell, Director and Chief Scientist "Brain Wave Science",
In 1989, the New Jersey Supreme Court (State v. Pitts) prohibited the use of
sodium amytal narco analysis because the results of the interview were not
considered scientifically reliable. The court opined that subjects are
susceptible to filling in gaps in stories with fabricated detail (hyper
amnesia), or believing in false events (memory hardening), and hypnotic recall,
where thoughts of non-existent events become embedded in the memory.
Scientific skepticism and the absence of controlled studies have not deterred
Indian investigating agencies from running to the FSL in Gandhinagar or, more
The polygraph test is premised on the principle that certain physiological changes will take place due to the fear of deception in the mind of the guilty person, which can be detected by using proper technology.  This in reality does not always take place, because unlike the fictional Pinocchio we are not equipped with a distinctive physiological response that we emit involuntarily when and only when we lie. Brain mapping, not entirely free from controversy itself indicates whether a subjects brain stores experiential knowledge about a certain object.
Narcoanalysis is used when investigators need oral elicitations from a suspect.
For instance, if brain mapping indicates that the suspect stores information
about a murder weapon used in the crime, then narcoanalysis, according to the
The narco analysis test is based on the principle that a person is able to lie using his imagination and, under the influence of certain barbiturates, this capacity for imagination is blocked or neutralized by leading the person into a semiconscious state. It becomes difficult for the person to lie and his answers would be restricted to facts he is aware of.
Narco analysis poses several questions at the intersection of law, medicine and ethics. How truthful is truth serum? Is the procedure for narco analysis is violative of the rights agains self-incrimination, guaranteed under Article 20 (3) of Constitution. Article 20 (3) states that no person accused of any offence shall be compelled to be witness against himself. This privilege against self-incrimination also provides the individual, the right to remain silent. Arguments have been made that narco analysis constitutes mental torture and thus violates the right to life under Article 21. It works by inhibiting the nervous system, and it is not difficult to interpret this as a physical violation of an individuals mind-space. It is for this reason that the scientific, legal, and evidentiary issues relevant to the narco analysis debate need to be discussed critically.
In Dinesh Dalmia v. State of
It is often reasoned that the consent form signed by the accused supplies the requirements of voluntary disclosure. This is a fallacy, as in case of court mandated narco analysis, the consent form has absolutely no relevance because the compliance of a judicial order passed by a competent court is not subject to anybodys consent. The term order itself implies authority to compel obedience. The above case is in stark contrast with the judgment of an eleven-judge bench in the case of State of Bombay v Kathi Kalu Oghad, where it was observed that self-incrimination means conveying information based upon personal knowledge of the person and cannot include merely the mechanical process of producing documents in court.
The principle of immunity from self incriminating evidence is founded on the presumption of innocence, the maxim Nemo tenetur seipsum accusare had its origin in a protest against inquisitorial and manifestly unjust methods of interrogating accused persons. It is not necessary that the actual trial needs to commence for an accused to avail this privilege. The Supreme Court of U.S in Miranda v Arizona observed that a person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; Further, if the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.
It is perceived that Police Departments in
The Supreme Court has not yet delved into the question of whether narco-analysis
is in violation of Art.20 (3). There have been orders of various High Courts
upholding the validity of narco analysis. These judgments are in stark contrast
with the earlier judgments of the Supreme Court interpreting Art. 20(3). The
veracity lies in the fact that narco analysis is still a nascent interrogation
technique in the Indian criminal justice system without any rules or guidelines.
The Central government must make a clear policy stand on narco analysis -
because what is at stake is
While expert studies and court opinions available internationally have granted that there may be some use in narcoanalysis, the overwhelming evidence is that narco analysis is by no means a reliable science. In the absence of proof that narco analysis is backed by sound science; it must necessarily be suspended, especially given its ethical and human rights implications.
The test can be grossly misused by suggestive questioning by the investigating agencies. Psychiatrists hold that some 50 per cent of all individuals are suggestible even while fully conscious, meaning they can be made to believe events that never actually happened. Therefore, while patients under narco analysis may find it difficult to lie consciously depending on the depth of the narco analysis, they can certainly say things that are on the surface of their minds. The patient may say things that he wished were true and not that were necessarily true.
Therefore such a dubious technique of interrogation which requires enormous
amounts of training and patience - skills evidently lacking in much of the
police force in
Sir James Stephens, writing in 1833, rationalizes a grisly example of such impatience of the Indian police, "it is far pleasanter to sit comfortably in the shade, rubbing red pepper in a poor devil's eyes than, to go about in the sun hunting up evidence." History:
The scientific history of lie detection methods can be traced to the early
1900s. As early as 1885, Caesar Lombroso used a device to measure changes in
blood pressure for police cases; a device by Vittorio Benussi used to measure
breathing and an abandoned project by William Marston used blood pressure and
galvanic skin responses. A device recording both blood pressure and galvanic
skin response was invented in 1920 by Dr John A Larson of the
The narcoanalysis method during the past was used only by psychiatrists to find
out psychological truth which was achieved by using one or two barbiturates such
as sodium amytal or scopolamine. The application of this technique for criminal
investigation was adopted in the early 1950s. The first successful report of
this technique came from the
P300 or Brain mapping Test was developed and patented in 1995 by neurologist Dr
Lawrence A Farwall, Director and Chief Scientist, `Brain Wave Science',
The Bombay High Court upheld the use of all 3 tests. The court also upheld the order given by the Pune Special court allowing the police to conduct narcoanalysis on the accused inn the infamous fake stamp paper scam. It was held that polygraph and P300 tests didn't involve any statement being made and the statement made under narcoanalysis was not admissible as evidence in court. The court also held that these tests involved minimal body harm. Conclusion: From all the points of view, it can be said that no such magic potion as `truth serum' exists. From the tests which were conducted, success depends on the skill of the expert who conducts the tests. The success rate has been claimed to be 94 – 97 % by the FSL Bangalore. The constitutionality of the tests has been held valid and will remain till new ground is broken.
name : ...........................NAGARAJ.M.R.
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date : 16/04/2009…………………………..your's sincerely,
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