S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....... vol.5 . issue.26.........27/06/2009
Editorial : DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE
In india , Law is one & same for all , however in it’s implementation & enforcement , the public servants are practicing double standards. Poor Innocents are harassed , tortured all in the name of law , rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records & are going scot free. The Public Servants treat Rich Criminals Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme court chief justice & President of india are hiding information relating to crime , covering-up crimes , violating commoner’s human rights , fundamental rights , obstructing citizen from performing their Constitutionally prescribed Fundamental Duties as Citizens of India , no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also becomes a criminal , if a commoner violates the fundamental / human right of a rich person , if a commoner obstructs a public servant from performing his public duties , all those become crimes & he is legally booked for each counts.
Why not police registering complaint against the above stated public servants for above crimes. IS IT NOT DOUBLE STANDARD. Jai Hind , Vande Mataram.
Your’s sincerely,
Nagaraj.M.R.
Death Bells Ring For India's Dissident Websites
By Sevanti Ninan
The controversial Mr. A. Raja does not just preside over telecom, which the country’s biggest industrialists are interested in. He also presides over the lawmaking which governs the use of the Internet in India. Surely that is something which deserves at least as much media vigilance as the awarding of telecom licences to companies?
Last year, a few weeks after the Mumbai attacks in November, a Bill which had been sitting around in a Standing Committee since 2006 was hastily passed, without much debate in parliament. The Information Technology (Amendment) Act, 2008 seeks to give teeth to existing laws on information technology and cyberspace. Last month, shortly before Mr. Raja began his second stint, the Department of IT posted on the Internet the results of its labours in drafting rules for this Act. Since the devil is in the details, the import of the Act resides in the rules. These are still at the draft stage, you are invited to send your comments to the Government of India, which does this feedback exercise to show how democratic it is. http://www.mit.gov.in/default.aspx?id=969
Here, then, is an idiot’s guide to what Mr. Raja and his men are proposing to do, in the name of national security, safe Internet use, and suchlike.
a) Intercept email, under Section 69 of the Act
Who can give orders for such interception? Technically, only the Union Home Secretary or the Home Secretary at the state level, but in unavoidable circumstances also a Joint Secretary. In further unavoidable circumstances — in an emergency (not defined) in a remote area (not defined) — a security officer of the rank of an Inspector Feneral of Police can order the interception. They have to get it okayed in a week’s time by a Home Secretary or Joint Secretary or cease intercepting.
What about laws protecting privacy? This provision circumvents those in the name of security.
b) Block websites and web content, under Section 69A
A designated officer of Joint Secretary-level is empowered to handle requests for blocking from departments or individuals. He submits the request to an inter-ministerial committee of Joint Secretaries, including one from the Ministry of Information and Broadcasting. In an emergency, scrutiny by just the designated officer will do, and the final permission has to come from the Secretary, Department of Information Technology. What can be the basis for a request to block? The Sovereignty or Integrity of India, the Defence of India, the Security of the State, Friendly Relations with Foreign States, Public order, and, for “preventing incitement to the commission of any cognisable offence relating to above.” Apart from the fact that all of the above are open to interpretation, do note the “preventing incitement” bit. In case somebody thinks you might provoke someone to do something, they can block your website.
What about a right to be heard before the blocking? There is none. The job of Secretary, Department of Information Technology, suddenly becomes a pivotal one in the matter of freedom of expression. He has the final say in any blocking.
Review of the decision? A committee headed by the Cabinet Secretary, GOI, needs to meet at least once in two months for that. As a CERT-IN official said at a recent meeting when questioned about the inordinately long time taken for a review, “Bahut cases hote, saab. Cabinet Secretary khali nahin baithe hota.” His point was that overall there is a four-level scrutiny, and that so far blocking of web pages or sites has been very rare indeed, three to four cases in the last five years.
c) Monitor and collect traffic data relating to a website, in the name of ensuring cyber security, and foiling cyber security incidents. Under Section 69B.
d) Set up an Indian Computer Emergency Response Team (CERT-IN), whose constituency “shall be the Indian cyber community”, under Section 70B (1).
If you plough through all the citizen-friendly sounding stuff that this team is supposed to do, you will hit upon this clause: “For carrying out its functions prescribed in section 70 (B) of the Act, CERT-IN may seek information and give directions for compliance to the service providers, intermediaries, data centres, body corporate and any other person, as may be necessary.” This innocuous body can order your service provider to cough up any data it wants. And what level of officer can do this? Any officer of CERT-IN, not below the rank of Deputy Secretary to the Government of India. Again, the defence is that this clause only relates to cyber security. The rules empowering CERT-IN are drafted by the organisation itself. Talk of giving yourself powers because you are making the rules!
e) Define the liability of Network Service Providers, under Section 79.
This is a section for which the rules have not yet been posted, because there is hectic lobbying going on by industry. It seeks to protect the companies that operate in India as Network Service Providers from being liable for any third party information, data, or communication link made available or hosted by them. They are not liable so long as they “do not initiate the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission, and so long as they observe due diligence while discharging their duties under this Act.” But once they come to know of data posted on their servers which could be interpreted as violating the “integrity of India, defence of India, friendly relations with foreign States” bits and do not remove it, they become liable.
Who will be defined as a network service provider? What will be defined as due diligence? What will be the definition of an intermediary? Industry is lobbying with CERT-IN on these issues. Sachin Pilot is the minister in charge.
But is civil society mounting enough of a fight to protect privacy, and prevent web content blocking without a prior right to be heard? Is it doing enough to oppose the extraordinary powers Mr Raja’s ministry is arming itself with? You know the answer to that one.
POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF
INDIA & H.E.HONOURABLE PRESIDENT OF INDIA
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.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC
SERVANTS have forgotten this & are acting as lords ,
autocrats - unquestionable public masters. CONSTITUTIONAL
FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers &
paymasters of this very same public servants.
In India , corruption has spread it's tentacles far &
wide , it has not even spared the judiciary. The last
resort of commonman for seeking justice is judiciary , even there
corruption has spread.In present day India , if one
is rich , he can committ any type of crime & get away clean from
courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up
different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture ,
file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the
list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a
deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks
for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK
ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is
left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is
corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST
LITIGATION before hon'ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT DOES
PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous
products from india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings
by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying
court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india's defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti
nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national
security , as public are affected by them. still supreme court of
india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good ,
inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was
very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief
justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
nationals ,
amounts to suppression of information , truth , evidences , which is a
cognizable offence.
We do have highest respect for all constitutional bodies ,
public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt
colleagues.
Hereby , i do once again appeal to the honourable chief
justice of india & H.E.Honourable president of india
to go through the following articles , to provide the requested
information in full , to order the subordinate public servants to
take appropriate action & to provide the requested information in full
and finally to accept this whole issue of news paper as a
PIL Appeal & to provide justice to the public. JAI HIND. VANDE
MATARAM.
Your's sincerely,
NAGARAJ.M.R.
Judgements for sale in Indian courts?
Recent events in Punjab & haryana high court proves that , corruption has
become rampant in Indian judidciary. Hereby we appeal to the honest few in
judiciary to stem this rot & to publicly answer the following questionnaire .
http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF INDIA
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
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.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC
SERVANTS have forgotten this & are acting as lords ,
autocrats - unquestionable public masters. CONSTITUTIONAL
FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers &
paymasters of this very same public servants.
In India , corruption has spread it's tentacles far &
wide , it has not even spared the judiciary. The last
resort of commonman for seeking justice is judiciary , even there
corruption has spread.In present day India , if one
is rich , he can committ any type of crime & get away clean from
courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up
different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture ,
file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the
list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a
deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks
for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK
ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is
left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is
corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST
LITIGATION before hon'ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT DOES
PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous
products from india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings
by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying
court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india's defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti
nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national
security , as public are affected by them. still supreme court of
india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good ,
inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was
very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief
justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
nationals ,
amounts to suppression of information , truth , evidences , which is a
cognizable offence.
We do have highest respect for all constitutional bodies ,
public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt
colleagues.The Honourable Chief Justice of India & H.E.Honourable
President of India
have violated their oaths of office , failed in their constitutional
duties , suppressed material truths / informations & thereby
repeatedly
violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC
HUMAN RIGHTS & Obstructing me from performing constitutionally
prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do
request you to legally prosecute the above two public servants
on the above mentioned charges. the whole issue of this news paper &
the related materials at the weblinks provided, forms part of this
complaint.
thanking you.
Date : 19.06.09 your's sincerely,
Place : Mysore nagaraj.m.r.
SHOW-CAUSE NOTICE TO H.E.PRESIDENT OF
Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313
home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ ,
http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
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