DALIT ONLINE – e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.14..Issue.12........25 / 03 / 2018
PIL – Prosecute Chief Justice of India
An Appeal to all Honourable Judges of Supreme Court of India
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor , DALIT ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysuru – 570017 , Karnataka State
....Petitioner
Versus
Justice Dipak Mishra
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
All Honourable Judges of Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
In his death note Former Arunachal Pradesh Chief Minister Mr.Kalikho Pul has clearly alleged involvement of CJI Khehar , President Mukherjee & others in the crime.
Justice Karnan was silenced for asking for investigations into corruption by higher judges. Judge Prabhakar Gwal dismissed from post for initiating legal prosecution of powers that be , higher judges. Judge Loya MURDERED (?) for not toeing the line , favorable judgement for powers that be , higher judges.
Advocates who raise their voice seeking truth face tormented in many ways. Certain advocates great intellectuals (?) take the side of powers that be , guilty judges and pass unfounded comments , rhetoric against the truth seekers. These type of advocates question the locus standi of petitioners. First of all what locus standi these advocates have to silence the voices seeking truth ? Are these advocates giving Service Invoices to their customers / clients for the fees paid / Are they paying tax properly ? Mr.Ram Jethmalani when he himself has failed in his own domain made irresponsible comment taht Justice Karnan is of unsound mind. Is Mr.Ram Jethmalani a qualified doctor ? One High Court Advocate Mr.Mishra threatened this petitioner for seeking prosecution of Dipak Mishra.
These type of few advocates , intellectuals are parasites who thrive on our corrupt legal system. They don’t want transparency , as it will stop their illegal income / favors . These type of advocates , judges are bringing disrepute to honest advocates , honest judges and to the bar & the bench.
2. Question(s) of Law:
As per constitution of India , are not all citizens of india equal before law ?
3. Grounds:
Requests for equitable justice. Prosecution of corrupt Judges , CJI Dipak Mishra , Former President Mukherjee & Corrupt Public Servants.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases to perform their duties.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , in the case to perform their duties.
b. To register FIR against Chief Justice of India Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution.
c. To constitute an impartial investigation team to investigate the crimes – Judge Loya Murder , Sohrabuddin fake encounter case , Chief Minister Kalikho Pul Suicide , Land scam of CJI Mishra , Birla Sahara diary , Medical college scam and the crime cover ups by high ranking judges , powers that be . The team must be accountable to the public.
d. to protect the human rights , constitutional rights of advocates , petitioners who are seeking truth in the above cases.
e. to initiate criminal legal prosecution against great (?) advocates , intellectuals (?) who irresponsibly comment against truth seekers , who try to bar truth seeking advocates from practicing , from filing PILs in courts.
d . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 02nd March 2018 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
Editorial : FUNDAMENTAL DUTIES Vs Corrupt Judges Police Public Servants
Fundamental Duties of Citizens and Constitutional Duties of Public Servants are complementary to each other. Nowadays criminalization of politics , judiciary , police , etc has taken place and many unfit candidates are in public service. These corrupt , unfit public servants are misusing their offices and putting legal seal on illegal acts , making those illegal acts technically legal. Here raises the conflict between FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN and ILLEGAL ACTS OF GOVERNMENT OFFICIALS.
For example real estate mafia grabs BEML Quarters lake , Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru creates fake title deeds and even gets it registered by sub registrar all with the help corrupt officials in government. Even police protect the rich land grabber. When a case is made out in the court of law for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based on official documents he gives green signal to encroacher and orders for protection of his encroached properties. Lakes are nobody’s property , it is a public property and to be preserved for public usage. The good Samaritan Indian Citizen who did his “Fundamental Duties of Protecting Lakes “ lost money , time, faced abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.
One more example , a citizen while passing through a public road witnesses an accident , takes the injured to the hospital for emergency treatment to save life and informs police regarding accident making vehicle. Instead of appreciating his good work , police fits him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner who made the accident , no protection to the citizen for doing his :Fundamental Duties”.
One more example , a citizen complained to authorities regarding business of a liquor bar in a residential location much close to religious building & schools. The bar owner had secured license from state excise department much against the norms. Police called the good citizen for questioning repeatedly , court judge called him to court repeatedly and finally based on the license given by corrupt government official allowed the bar to operate , fined the complainant. Goons of bar owner roughed up the good citizen making him to move away from the locality itself.
An Indian citizen requests for information from authorities regarding llegalities , irregularities , misuse of office in working by judges , police , etc from supreme court of india and other related authorities under RTI Act. So that based on RTI reply from concerned authorities he can legally prosecute the guilty judges , police , public servants , can get the injustices rectified by court of law and put an end to further crimes by those guilty , corrupt public servants all in public interest. This is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES” to uphold law , constitution of india. But PIOs , RTI Appellate authorities of supreme court of india & other bodies didn’t give full truthful information at all . Thereby , they committed one more crime of of covering up another crime and aiding criminals to continue with their crimes unabated. Thereby , guilty judges , police , other public servants obstructed the citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL RIGHTS & HUMAN RIGHTS TO EQUITABLE JUSTICE. No justice in sight till date to good Samaritan Indian citizen , more injustices were meted out to him by judges , police , public servants - he suffered physical assaults , murder attempts , jobs denied , news paper closed , press accreditation denied , PILs he sent to apex court were not admitted , all to silence him.
In this way , there are numerous cases of Indian Citizens , whistle blowers , RTI Activists , Journalists who themselves suffered gross injustices for raising public causes , for doing their Fundamental Duties. No Justice to them even from apex court till date.
Every citizen of india must perform his / her “Fundamental Duties” without fail, before demanding his fundamental rights. Every public servant must do their constitutional duties without fail.
A citizen performs fundamental duties without any rewards or pay or perks where as a government official / public servant does his / her duties for huge pay & perks.
A citizen while performing his fundamental duties often has to spend his own money , time to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.
A citizen while performing his fundamental duties faces rowdy elements , physical assaults in few instances even resulting in his own murder. His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if anything untoward happens his family will get compensation.
Obstructing a Citizen from performing his fundamental duties doesn’t attract any legal prosecution whereas obstruction of public servant’s constitutional duties is a crime under IPC.
Therefore in order to preserve , uphold democracy , Constitution of india , apex court must order Central Governments , All State Governments and other Statutory bodies :
1. To make obstruction of “Fundamental Duties of an Indian Citizen” a legally punishable offence on par with the obstruction of a public servant’s duties.
2. To pay compensation of Rupees Two Crores and above to RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered injuries in the course of their fundamental duties.
3. To order for inspection , investigation of each & every issue raised by a citizen in the course of his fundamental duties instead of simply relying on government records alone prepared by corrupt officials.
4. To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers , other public servants to do their constitutional duties properly.
Your’s ,
Nagaraja Mysuru Raghupathi
Important duties of a citizen towards his Motherland / State
(a) Allegiance:
Every citizen is expected to be loyal to the state. His or her loyalty should, in no case, be divided. The state expects unstinted allegiance from its citizens.
(b) Obedience:
All the citizens should willingly and habitually obey the laws of the state. A democratic government is a government of the people themselves. Laws reflect their own will. There should not be, therefore, any hesitation in the obedience of laws.
(c) Payment of Taxes:
The administration of a country involves a certain amount of expenditure. This expenditure cannot be met without raising certain taxes. Citizens in their own interest, should, therefore willingly and honestly make payment of their taxes.
(d) Public Spirit:
Every citizen should be public spirited. He should not seek his self-interest and should always be ready to contribute his mite to the welfare of society.
(e) Honest exercise of Franchise:
Vote is a sacred trust in the hands of the citizens. It should always be used judiciously. Suitable represen-tatives should be sent to the legislatures. A wrong use of vote may result in a bad government.
(J) Help to Public Officials in the maintenance of Law and Order:
It is the duty of every citizen to lend a hand of co-operation to public officials in the discharge of their duties. Every citizen should try to remove evils and crimes from society by rendering help to the officials concerned.
(g) Work:
Every able-bodied citizen should work and try to add something to the social fund. Idlers are a parasite on the society. Work brings in wealth and prosperity in the country. In countries like Russia work is considered to be a legal duty.
(h) Toleration:
Every citizen is expected to be tolerant towards others. Their religious beliefs "Do unto others what you wish to be done by," should be the motto before every citizen.
(j) Resistance:
It is more or less a moral duty. It is the duty of a good citizen to resist injustice from any quarter. If the government is unjust, it may also be resisted.
The Fundamental Duties
- Speech by Justice Kurian Joseph
The following ten Fundamental Duties were introduced by the 42nd Amendment Act, 1976 — Article 51-A:
It shall be the duty of every citizen of India:
To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
To cherish and follow the noble ideals which inspired our national struggle for freedom; to uphold and protect the sovereignty, unity and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
To develop the scientific temper, humanism and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity.
So that the nation constantly rises to higher levels of endeavour and achievement. Subsequently, another duty was added by the 86th Constitutional Amendment Act of 2002: for a parent or guardian to provide opportunities for education of the child or ward between the age of six and fourteen.
Since then, the scope of Fundamental Rights under Part III of the Constitution has seen significant expansion through judicial pronouncements; the right to free legal services to the poor, right to speedy trial and right to live in a clean and healthy environment are just a few examples. As a result, an imbalance has been created between the current set of Fundamental Rights and Duties. Here is an attempt to examine if a few additional Fundamental Duties in the Constitution of this country could help in balancing out the rights of its citizens and further make them more responsible towards the country’s development.
Additional duties
Duty to vote: Article 326 of the Constitution read with Section 62 of the Representation of People’s Act, 1951 confers the right to vote. However, quite often the question arises as to whether that right also implies an obligation. The voter turnout during the last general election amounted only to about 67 per cent. This voter apathy should be taken seriously and an attempt should be made to make voting a citizenship obligation.
The state can take several steps to ensure that this duty to vote is made operational and effective. One method through which this may be achieved is by developing a system of incentives for voters and conversely disadvantages for those who abstain from performing their duty to vote. A very large section of people can be motivated to vote this way.
Duty to pay taxes: The tax gap (the revenue that a government is expected to receive as against the revenue it actually collects) continues to increase every year. The greatest indicator of this is the fact that the size of India’s shadow economy as a share of the GDP reached 24.3 per cent in the year 2012. Research has found that tax evasion is a direct result of lack of trust among the people, in general, and the government, in particular. Citizens must believe that their taxes are bound to be used for public good. The incorporation of the right to pay taxes as part of Fundamental Duties in the Constitution will shift the onus onto the taxpayer to pay taxes rather than the tax department to collect them.
Duty to help accident victims: Every 60 minutes, 16 persons die in traffic accidents in India. According to the Law Commission of India, at least 50 per cent of fatalities can be prevented if road accident victims receive medical attention within the critical first hour after the accident. The Karnataka government’s decision to frame a ‘Good Samaritan law’ is a step in the right direction. With the increase in the number of accidents, it has become pertinent for India to recognise this duty as one owed by its citizens towards each other.
Duty to keep the premises clean: Prime Minister Narendra Modi’s Swachh Bharat Mission has received tremendous support from people from all walks of life. The most effective mechanism to tackle uncleanliness is to sensitise people about this duty. Therefore, it is imperative that a Fundamental Duty to this effect be added to the Constitution.
For a better society
Duty to prevent civil wrongs: It is not enough that a citizen refrains from committing wrong; he has a duty to see that fellow citizens do not indulge in the commission of wrongs.
Duty to raise voice against injustice: Today people seem to have stopped reacting to atrocities; they neither report crimes nor volunteer to testify in a court. The duties of a victim or a witness can be classified into two main categories, viz. duty to report a crime and duty to testify in court. The state must also on its part work to ensure that the fight to bring the offender to book does not become a Kafkaesque nightmare for the victim or witness.
Duty to protect whistle-blowers: With the coming into force of the Right to Information Act, 2005, every citizen has become a “potential whistle-blower”. While the state has a great deal of responsibility in providing for their protection through appropriate legislative instruments, the responsibility to protect torchbearers of transparency vests on each one of us.
Duty to support bona fide civil society movements: Citizens have a moral duty to organise themselves or support citizen groups so that the gaps in governance left by the executive can be filled and the rights guaranteed by the Constitution are made available to every citizen. Therefore, it is proposed that there must be an addition to Part IV-A of the Constitution to that effect.
Reinvigorating civic responsibility: In the modern context, it has become increasingly important to instil a reinvigorated sense of civic responsibility among Indian citizens. This can be achieved by adding new duties to the existing list of Fundamental Duties while also laying emphasis on the performance of the existing ones. The significance of Fundamental Duties is not diminished by the fact that there is no punishment prescribed for not following them. Fundamental Duties constitute the conscience of our Constitution; they should be treated as constitutional values that must be propagated by all citizens.
It appears our polity is not even aware of such a noble part of our Constitution. This should be included in the curriculum of high school students at least.
Why citizens are not performing fundamental duties enshrined in Article 51A of the Constitution of India?
By Ashok Arora
I recently filed a PIL, Ashok Arora V/S Union of India (Civil Writ 314/2016) stating a shocking fact, but the bitter realty that 99.9% citizens including the Supreme Court lawyers, judges and the parliamentarians don’t perform their fundamental duties enshrined in Article 51A of the Constitution of India.
We all know that article 51A of the constitution, which defines the fundamental duties of a citizen, enjoins upon every citizen to develop the spirit of enquiry and scientific temper. It enjoins upon us to abide by the constitution, which starts with a pledge to secure for all its citizens, justice social, economic and political. The dream of the framers of the constitution to ‘wipe the last tear from the last eye’ is nowhere near realization; rather millions of fellow citizens go to bed on an empty stomach.
More than two lac fifty thousand farmers committed suicide during the last fifteen years. Millions have no access to clean drinking water, basic health facilities and primary education and the majority of degree holder youth are unemployable.
Also Read: Constitution of India is Not Available Free to the Citizens
The real cause of miseries to the millions of fellow human beings is the lack of training of mind & soul, not developing the spirit of enquiry as mandated by the Constitution of India. We have no time to develop that spirit of enquiry and scientific temper as envisaged in the constitution of India.
We all want our rights without performing the fundamental duties. The question is that how can we think of building a nation without building the national character? And how can we build the national character without performing the fundamental duties like developing the spirit of enquiry? The lack of ‘training of mind and soul (pure conscience)’ to provide value education leads to non-performance and corruption, which leads to miseries to the fellow citizens.
The state has failed to provide any opportunity and facilities to children to develop in a healthy manner and in condition of freedom and dignity as enjoined under article 39(f) of the constitution of India. It has further failed to protect the youth against exploitation and against moral and material abandonment as enjoined in the same article of the constitution of India. It has also failed in its endeavour to provide (within a period of ten years from the commencement of our constitution) for free and compulsory education (Purposeful Education) for all children until they complete the age of fourteen years as mandated by the constitution of India.
That article 51A (h) is the most important provision of the constitution, which mandates for every citizen to develop scientific temper, humanism and the spirit of enquiry. The successive governments for the last 69 years, the state has failed to create awareness, it has failed to inform the citizens of the fundamental duties and it has failed to create an atmosphere where every citizen performs his fundamental duties. It has failed to implement the recommendations made by various education committees appointed to suggest educational reforms.
My Public Interest Litigation has been filed to seek directions that the states implement the recommendations made by various education committees on educational reforms, states provide for compulsory education (purposeful education), it performs its duty to make people aware of their fundamental duties, creates an atmosphere where everyone performs his fundamental duties, it defines the real meaning of education as per the recommendations of various committees & the meaning of education suggested by great philosophers and make necessary changes in the education system accordingly.
I also sought permission to assist the court with reference to my module for training of the mind and soul, which I prepared with reference to my study of holistic personality development, child development, Holy Scriptures and views of philosophers, saints and educationists. I started the study of child development even before the birth of my son, thirty two years ago and eleven years back decided to renounce a lucrative law practice to dedicate myself to guide the youth. I have tried to make my humble contribution by writing a few books and articles on the subject.
My film, ‘Kasoor Kiska”, which is referred in this petition also suggests the ways to guide and motivate the youth to work towards nation building. I have had the privilege to deliver hundreds of free talks in Leh-Ladakh and many remote areas of Jammu & Kashmir, UP, MP, Rajasthan, Punjab, Haryana, Delhi and Maharashtra. I interacted with many students and educationists at many places in Harvard, Oxford, Switzerland, USA, Canada, Germany and Dubai etc. I wish to refer to a few of my YouTube talks and pictures to demonstrate that the youth is enthusiastic and in fact, hungry to listen to good things.
Unfortunately they are not being guided appropriately. They are all good and they all want to serve, but they do not have any role models. The problem throughout the world is same that the education system is producing computers and not compassionate human beings. That is why even after 69 years of independence and 66 years of the history of Supreme Court of India we have not produced a single statesman like Dr. BR Ambedkar, Bhagat Singh, Mahatma Gandhi, Abraham Lincoln, Martin Luther King, Sardar Patel or Sir Sayed Ahmed. The world is investing more in making of bombs than in producing compassionate human beings, which is the main reason for sufferings and violence all over the world.
Knowing your wisdom, expertise and vast experience, dear citizens I wish to seek your guidance. I request my dear citizens to initiate a debate, file an intervention or write an article to guide the law students and the society on the above subject. I am in Texas; US these days but keep coming to India as and when required. Kindly indicate the best time to have a telephonic conference with you. I can email you the petition and the whatsapp video message I sent to the Honb’le CJI, which also initiated the debate as to whether a whatsapp message can be treated as PIL.
I argued the matter before Court 1 on 9th May and now it is listed for 19th July. I also wish to discuss with you what transpired on the first listing.
http://www.livelaw.in/breaking-erring-prosecutors-and-investigating-officers-must-be-proceeded-against-in-case-of-unmerited-acquittals-and-wrongful-convictions-sc-download-the-judgment/
PIL – Fundamental Duties of Citizens Vs Corrupt Government Officials
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Fundamental Duties of Citizens and Constitutional Duties of Public Servants are complementary to each other. Nowadays criminalization of politics , judiciary , police , etc has taken place and many unfit candidates are in public service. These corrupt , unfit public servants are misusing their offices and putting legal seal on illegal acts , making those illegal acts technically legal. Here raises the conflict between FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN and ILLEGAL ACTS OF GOVERNMENT OFFICIALS.
For example real estate mafia grabs BEML Quarters lake , Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru creates fake title deeds and even gets it registered by sub registrar all with the help corrupt officials in government. Even police protect the rich land grabber. When a case is made out in the court of law for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based on official documents he gives a green signal to encroacher and orders for protection of his encroached properties. Lakes are nobody’s property , it is a public property and to be preserved for public usage. The good Samaritan Indian Citizen who did his “Fundamental Duties of Protecting Lakes “ lost money , time, faced abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.
One more example , a citizen while passing through a public road witnesses an accident , takes the injured to the hospital for emergency treatment to save life and informs police regarding accident making vehicle. Instead of appreciating his good work , police fits him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner who made the accident , no protection to the citizen for doing his :Fundamental Duties”.
One more example , a citizen complained to authorities regarding business of a liquor bar in a residential location much close to religious building & schools. The bar owner had secured license from state excise department much against the norms. Police called the good citizen for questioning repeatedly , court judge called him to court repeatedly and finally based on the license given by corrupt government official allowed the bar to operate , fined the complainant. Goons of bar owner roughed up the good citizen making him to move away from the locality itself.
An Indian citizen requests for information from authorities regarding llegalities , irregularities , misuse of office in working by judges , police , etc from supreme court of india and other related authorities under RTI Act. So that based on RTI reply from concerned authorities he can legally prosecute the guilty judges , police , public servants , can get the injustices rectified by court of law and put an end to further crimes by those guilty , corrupt public servants all in public interest. This is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES” to uphold law , constitution of india. But PIOs , RTI Appellate authorities of supreme court of india & other bodies didn’t give full truthful information at all . Thereby , they committed one more crime of of covering up another crime and aiding criminals to continue with their crimes unabated. Thereby , guilty judges , police , other public servants obstructed the citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL RIGHTS & HUMAN RIGHTS TO EQUITABLE JUSTICE. No justice in sight till date to good Samaritan Indian citizen , more injustices were meted out to him by judges , police , public servants - he suffered physical assaults , murder attempts , jobs denied , news paper closed , press accreditation denied , PILS he sent to apex court were not admitted , all to silence him.
In this way , there are numerous cases of Indian Citizens , whistle blowers , RTI Activists , Journalists who themselves suffered gross injustices for raising public causes , for doing their Fundamental Duties. No Justice to them even from apex court till date.
Every citizen of india must perform his / her “Fundamental Duties” without fail, before demanding his fundamental rights. Every public servant must do their constitutional duties without fail.
A citizen performs fundamental duties without any rewards or pay or perks where as a government official / public servant does his / her duties for huge pay & perks.
A citizen while performing his fundamental duties often has to spend his own money , time to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.
A citizen while performing his fundamental duties faces rowdy elements , physical assaults in few instances even resulting in his own murder. His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if anything untoward happens his family will get compensation.
Obstructing a Citizen from performing his fundamental duties doesn’t attract any legal prosecution whereas obstruction of public servant’s constitutional duties is a crime under IPC.
2. Question(s) of Law:
Are Fundamental Duties of Indian Citizens Supreme or the Illegal acts , orders by corrupt Government officials (Legalizing illegal acts) Supreme ?
3. Grounds:
Requests for equitable justice , Prosecution of corrupt judges , police , public servants responsible for injustices , obstructions to Fundamental Duties of citizens.
4. Averment:
Please read details at :
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
SHAME SHAME JUDGEs - Atrocities against DALITs by Judges
https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges ,
https://sites.google.com/site/eclarionofdalit/shame-shame-judges
“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
- Mahatma Gandhi
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases mentioned at above web sites , to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
1. To make obstruction of “Fundamental Duties of an Indian Citizen” a legally punishable offence on par with the obstruction of a public servant’s duties.
2. To pay compensation of Rupees Two Crores and above to RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered injuries in the course of their fundamental duties.
3. To order for inspection , investigation of each & every issue raised by a citizen in the course of his fundamental duties instead of simply relying on government records alone prepared by corrupt officials.
4. To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers , other public servants to do their constitutional duties as well as their FUNDAMENTAL DUTIES properly.
5. To admit all the PILs sent by me to supreme court of india and to order the concerned public servants to give proper reply to all RTI Appeals made by me.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 26.02.2017……… ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
A Critical Study of the Fundamental Duties under the Constitution of India as Legally Enforceable Duties under Different Statutes
By – Mohit Daulatani
Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution.Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. Date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.
It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
The Fundamental duties have been incorporated in the constitution to remind every citizen that they should not only be conscious of their rights but also of their duties. The concept of Fundamental Duties was taken from the constitution of USSR along with the concept of Five Year Plan.
The Fundamental Rights in Part III, the Directive Principles of State Policy in Part IV and the Fundamental Duties in Part IVA forms a compendium and have to be read together. It is true that there is no legal sanction provided for violation or non-performance of Fundamental Duties. There is neither specific provision for enforceability nor any specific prohibition. However, Fundamental Duties have an inherent element of compulsion regarding compliance. Out of the ten clauses in article 51A, five are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h) and (j) require the citizens to perform these Fundamental Duties actively. It is said that by their nature, it is not practicable to enforce the Fundamental Duties and they must be left to the will and aspiration of the citizens. However, in the case of citizens holding public office, each and all Fundamental Duties can be enforced by suitable legislation and departmental rules of conduct. Appropriate sanctions can be provided for lapse in respect of each Fundamental Duty and it is quite practicable to enforce the sanction against every citizen holding a public office; for instance, departmental promotions can be deferred, increments can be withheld, etc. If an officer takes part in a strike or stalls the proceedings of his institution, he can be made to forgo the salary for that day.
For the proper enforcement of duties, it is necessary that it should be known to all. This should be done by a systematic and intensive education of people that is by publicity or by making it a part of education. The Law minister has himself suggested it.
In M.C. Mehta (2) v. Union of India, the Supreme Court has held that under Art. 51-A (g) it is the duty of the Central Government to introduce compulsory teaching of lessons at least for one hour in a week on protection and improvement of natural environment in all the educational institution of the country.
In AIIMS Students Union v. AIIMS, speaking about the importance of Fundamental Duties enriched in Article 51-A while striking down the institutional reservation of 33% in AIIMS coupled with 50% reservation discipline wise as violative of Article 14 of the Constitution, the Supreme Court said that they are equally important like fundamental rights.
2. Inception of the Indian Constitution
The Constitution of India came into force on 26 January 1950. Since then, the day is celebrated as Republic Day. However, before 1950, 26 January was called Independence Day. Since 26 January 1930, it was the day on which thousands of people, in villages, in mohallas, in towns, in small and big groups would take the independence pledge, committing them to the complete independence of India from British rule. It was only fitting that the new republic should come into being on that day, marking from its very inception the continuity between the struggle for independence and the adoption of the Constitution that made India a Republic.
The process of the evolution of the Constitution began many decades before 26 January 1950 and has continued unabated since. Its origins lie deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states. Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution. Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.[5]
It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
In 1946, the British decided to examine the possibility of granting independence to India. As a result, a British cabinet mission was despatched to India to hold discussions with the representatives of British India and the Indian States in order to agree on the framework for writing a constitution, and, to set up a constituent body and an executive council. Following this mission and the ensuing negotiations, a Constituent Assembly was indirectly elected by the provincial legislatures comprising 278 representatives and 15 women. Parties represented in the CA were the Congress Party which had a majority, Muslim League, Scheduled Caste Federation, the Indian Communist Party and the Union Party. The CA met for the first time in December 1946 and by November 1949 the draft constitution was approved. The constitution went into effect in January 1950 and the CA was transformed into a Provisional Parliament.
The Constitution which is still in force has been amended over 90 times making it one of the most frequently amended constitutions in the world. It is also known to be one of the longest and most detailed in the world with 395 articles and 10 appendixes called schedules.
Key timelines in the 1948 constitutional process
1946 Britain decides on to grant independence to India and cabinet mission is dispatched to India to discuss modalities for transfer of power
14 August 1947 Proposal for creation of committees is tabled
29 August 1947 Drafting committee is established
6 December 1947 Constituent Assembly formally convenes for the first time, following elections, to start the process of writing a constitution.
4 November 1947 Draft is finalized and submitted
1948 – 1949 Constituent Assembly meets in sessions open to the public
26 November 1949 Constituent Assembly adopts final draft making it official
26 January 1950 Entry into force of the new constitution
3. Fundamental Duties
Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
Following are the Fundamental Duties under the Constitution of India which is given in Part IV-A of the Constitution of India which was inserted by the (42nd Amendment) Act, 1976.
It shall be the duty of every citizens of India-
a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
c) to uphold and protect the sovereignty, unity and integrity of India;
d) to defend the country and render national service when called upon to do so;
e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
f) to value and preserve the rich heritage of our composite culture;
g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
i) to safeguard public property and to abjure violence;
j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]
[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]
The Fundamental duties have been incorporated in the constitution to remind every citizen that they should not only be conscious of their rights but also of their duties. The concept of Fundamental Duties was taken from the constitution of USSR along with the concept of Five Year Plan.
Part IV-A of the Constitution (Forty-second Amendment) Act, 1976, in accordance with the recommendations of the Swaran Singh Committee in order to bring out Constitution in line with Article 29 (1) of the Universal Declaration of Human Rights, 1948 and the Constitutions of countries like Japan, China, U.S.S.R. etc.
Article 29 (1) of the Universal Declaration of Human rights, 1948, states:
“Everyone has duties to the community in which alone the free and full development of his personality is possible.”
It is the basic principle of jurisprudence that every right has a correlative duty and every duty has a correlative Right. But the rule is not absolute. It is subject to certain exceptions in the sense that a person may have a right, but there may not be a correlative duty.
In Chandra Bhawan Boarding v. State of Mysore, the Supreme court made the following observation prior to the insertion of Article 51-A:
“It is a fallacy to think that our Constitution, there are only rights and no duties. The provisions in Part IV enables the legislature to build a welfare society and that object may be achieved to the extent the Directive Principles are implemented by legislation.”
The Supreme Court has referred to these duties in the context of clause (g)--pollution matters and Clause (j)--excellence in the civil service.
In A.I.I.M.S. Student’s Union v. A.I.I.M.S., a three-Judge Bench of the Supreme Court made it clear that fundamental duties, though not enforceable by a writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples’ wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment.
In Mohan Kumar Singhania v. Union of India, a governmental decision to give utmost importance to the training programme of the indian Administrative Service selectees was upheld by deriving support from Article 51-A (i) of the Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.
In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, a complete ban and closing of mining operation carried on in Mussoorie hills was held to be sustainable by deriving support from the fundamental duty as enshrined in Article 51-A (g) of the Constitution. The court held that preservation of the environment and keeping the ecological balance unaffected in a task which not only government but also every citizen must undertake. It is a social obligation of the state as well as of the individuals.
4. Enforceability of Fundamental Duties
The fundamental duties enjoined on citizen under Article 51-A should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies.
Duties are observed by individuals as a result of dictates of the social system the environment in which one lives, under the influence of role models, or on account of punitive provisions of law. It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens. If the existing laws are inadequate to enforce the needed discipline, the legislative vacuum needs to be filled. If legislation and judicial directions are available and still there are violations of duties by the citizens, this would call for other strategies for making them operational.
The legal utility of fundamental duties is similar to that of the directives; while the Directives are addressed to the state, so are the duties addressed to the citizens, without any legal sanction for their violation. The citizen, it is expected, should be his own monitor while exercising and enforcing his Fundamental rights. He should keep in mind that he owes the duties specified in Article 51-A to the State and if he does not care for the duties, he does not deserve the rights.
of course, the duties as such are not legally enforceable in the Courts of law, but if a law has been made to prohibit any act or conduct in violation of the duties, it would be reasonable restriction on the relevant Fundamental Rights.
However, the fundamental Duties are not enforceable by mandamus or any other legal remedy
Directions to State/Central Government.—Since the Fundamental Duties are not addressed to the State, a citizen cannot claim that he must be properly equipped by the state so that he may perform his duties under Article 51-A. However, the Supreme Court has issued directions to the States, having regard to Article 51-A (g).
Protection of environmental—Duty of.—In view of the duty to protect and improve the natural environment including forests, lakes, rivers and wild-life and to have compassion for living creatures imposed on the citizens under Article 51-A (g) of the Constitution, the Supreme Court has held that it is a duty of the Central Government to take a number of steps in order to make this provision effective, and issued the following directions to the Central Government—
a) To direct all educational institutions throughout India to give weekly lessons in the first ten classes, relating to the protection and improvement of the natural environment including forest, lake, rivers and wild life.
b) To get text books written for the said purpose and to distribute them free of cost.
c) To introduce short term courses for training of teachers who teach this subject.
d) Not only the Central Government but also the State Government and local authorities are to introduce cleanliness weeks when all citizens including member of Executive, the Legislature and the judiciary should render free personal service to keep their local areas free from pollution of land, water and air.
5. Conclusion
The Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution concern individuals and the nation. Citizens are morally obligated by the Constitution to perform these duties. The Fundamental Duties are however, not legally enforceable, i.e. without any legal sanction in case of their violation or non-compliance.
There is a need for these duties to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law, or else the law stands in a very disadvantageous position. The Supreme Court has finally, issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties properly. This project was an attempt to check the enforceability of the fundamental duties under the different statutes, which have been references to the Indian Constitution.
PIL – Cancel Proposed Judge’s Salary Hike
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Every human being , every Indian citizen are equal and guaranteed equitable justice as their human right and Constitutional right.
b. In india mafia of powers that be and government ensure that cases drag on for years , so that poor litigant either dies before judgement day or opts out in the middle. Due to this delaying tactics , many poor people rather suffer injustice instead of seeking justice in courts. Mafia indirectly forces them to keep away from litigation.
c. Due to occupation induced health problems my health is deteriorating day by day , some of the PILs concerning national security , public welfare I have filed are two decades old , still no justice in sight. Judges not even admitted the cases.
d. Actual working hours , working days for judges are less in india. Too many case adjournments , less number of judges , too many holidays for judges like summer vacation , winter vacation , working hours less than 8 hours per day , etc.
e. Judges work less but enjoy 5 star pay & perks at public expense.
f. Due to denial of justice common people suffer injustice for more time or till their death. Say some falsely implicated persons suffer in jail for years till their acquittal by courts , some petty criminals whose crime attracts one year imprisonment suffers in jail for ten years. Because they are not well connected , cann’t afford hi fi advocates , bail fees.
g. Due to lethargic judiciary , some land acquisition cases drag on for years land looser suffers also the project cost escalates by hundreds thousands of crores of rupees.
h. The lethargic Judiciary in India itself is the biggest violator of common man’s human rights , fundamental rights. It is the culprit responsible for loss of thousands of crores of rupees to public exchequer due to project cost escalations.
i. when a common man’s human rights , human rights is violated in the form of delaying tactics by court of law , judiciary , the presiding judge becomes a criminal and liable to pay damages to the aggrieved.
j. The central government and state government yearly spend thousands of crores of rupees unnecessarily like purchasing new cars for ministers , renovation , interior decorations of minister’s bungalows , foreign jaunts , etc. These are all not priority one spending. Out of these spending how many more judges could be appointed , paid salaries.
k. when compared to project cost escalations of thousands of crores of rupees caused due to case delays , is it not wise on the part of government to appoint requisite number of judges with additional budget burden of few crores of rupees.
l. Both central and state governments are the biggest litigants in the country.
m. Government is manipulating judicial process by denying finance to appoint more judges , to create more court infrastructures.
n. We common people are imposed with time limits to mandatorily comply with, in our interactions with other public , with government authorities , with courts itself. For our failures we common people are penalized.
0. Paradoxically , there is no mandatory time limits for judges , public servants to finish specific works concerning public. In most of the cases they adopt delaying tactics , deny justice still they are not penalized and don’t pay any compensation to the aggrieved public.
p. Due to delaying tactics of judges , many anti national crimes , terror attacks took place and still continuing which could have been well averted in time if judges took timely action. For helping mafia by the way of delayed justice , mafia rewards some of those judges with post retirement postings , promotions , site allotments , etc.
q. The Judiciary has the right , authority , power to order government to allocate finance for appointing judges , setting up court infrastructure. If the government gives ruse of no money in it’s account , courts can definitely monitor spending of government , cut down on waste , non-priority spending of government , divert such money for appointment of judges , court infrastructure development. No need for CJI to weep before prime minister. Judges themselves never consider the sufferings of weeping litigants. It shows the weakness of CJI and a shame to our nation.
r. Our Indian Judges are on the verge of getting approximately 300% salary hike now , while common people are suffering and duty performance of judges is below average.
We once again appeal to Honourable CJI , Supreme Court of India to take action on the following PILs , to answer the show cause notice and to order the concerned public servants to answer RTI questions. The officials of SCI don’t even have etiquette , decorum to reply to our letters. Some of my appeals are two decades old.
Remember the basic fact you are all enjoying 5 star pay , perks at the expense of public and owe your duty to public. Are not judges drawing huge salaries , 5 star pay , perks on time without fail , on 01st of every month? Have they forgotten to take salary in 25 years , but they keep cases pending for 20 - 25 years. CJI weeping before Prime Minister shows the weakness of the judiciary & a shame to the nation. Judges never consider sufferings of weeping litigants in cases. Judges themselves are responsible for long pending cases.
Don’t refer the case to police as they don’t have power , authority to enquire high & mighty people , judges & previously they have failed and the case is to subject some police officials , judges themselves to enquiry. Referring the case to police is nothing but attempt to bury the truth , only supreme court monitored transparent enquiry by CBI is right.
Delaying tactics of judges is only helping the criminals , anti nationals and terrorists. Please refer below mentioned sample cases of Justice delayed for years to innocents , sufferings of their family members. No judges , police are bothered. Are not the the respective judges , police guilty of defaming those innocent persons , spoiling their livelihood , gross violation of their civil rights ? why not those guilty judges , police are paying compensation to victims of their wrong actions ? But the very same guilty judges , police are SHAMELESSLY enjoying 5 star pay perks from public exchequer for decades.
Bail system , Parole system are in favour of rich crooks in india , cases of rich crooks move at faster pace wheeas the cases of poor which are although older still continues. Judiciary , it’s system are biased. Consider the sample cases of sanjay dutt , salman khan , jayalaita. Our judges , Police don’t have spine to enforce rule of law on rich crooks , while they put full force , might on poor innocents.
If anything untoward happens to me or to my dependents Chief Justice of India together with jurisdiction police & District Collector will be responsible for it.
Rot in judiciary is decades old. Honourable CJI sir , weeping is not right constitution of india has given you the authority , TAKE ACTION DO YOUR DUTY. People , History will remember you forever with respect. Anyway you are getting very good 5 star pay & perks , will also get decent pension after retirement from government. First forget about post retirement postings , discretionary allotment of sites , etc from government then you can work fearlessly. Both central & state governments are biggest litigants in the country , IAS babus make wrong application , interpretation of laws leading to litigations. Start by clearing the rotten eggs within the judiciary. When judiciary & police in a country strictly uphold law , work impartially that country surpasses even heaven.
Do remember on the D Day , in the Court of Almighty everybody CJI , Judges , prime ministers , common man alike has to bow his head. In who’s court there is no match fixing , no techinicalities , no vociferous hi fi advocates , no bias based on caste , religion , region , community , etc , only straight simple account of wrongs & rights. Guess his judgement in your case. GOD BLESS US ALL.
2. Question(s) of Law:
Is it right for judges to deny justice . is it right on the part of judges to delay justice under various ruses to common man , violate their human rights , fundamental rights.
3. Grounds:
Requests for equitable justice , Prosecution of judges , police , public servants responsible for case delays.
4. Averment:
Please read details at :
Honourable Chief Justice of India TAKE ACTION
https://sites.google.com/site/eclarionofdalit/honourable-cji-take-action ,
https://www.scribd.com/doc/312858947/Honourable-CJI-Take-Action
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Tax Authorities , Law Enforcement Agencies , RBI authorities in the following cases to perform their duties & to answer the below RTI questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute responsible , concerned judges , police & public servants.
d. To cancel winter , summer vacation holidays for judges.
e. To bring down the holidays of courts per year to twelve on the lines of industrial establishments.
f. To make it mandatory for judges to conduct court hearings for 8 hours per day.
g. To bring down unnecessary court adjournments.
h. to reserve precious court timings only for arguments , cross examination of litigants , witnesses.
i. to use information technology , internet for issue of notices , summons and litigants submitting documents , applications instead of wasting court time.
j. to introduce working of courts on shift basis in the same infrastructure.
k. to appoint retired judges immediately to bring down gaps in judges requirement.
l. to order the biggest litigant government of india and all state governments to frame laws strictly in accordance with constitution.
m. to order governments to give proper training for public servants , IAS officers , KAS officers , others about law of the land.
o. to make specific public servants personally responsible for wrong applications of law while discharging their duties and to make them pay compensation from their personal pockets.
p. to order Chief Justice of India to pay compensation of Rupees TWO CRORES to Nagaraja Mysuru Raghupathi editor SOS e Clarion of Dalit & SOS e Voice for Justice , towards the damages he has suffered due to delayed justice.
q. to order the respective judges , police in all cases of case delays more specifically in the below mentioned cases to pay compensation to innocent victims. Make a guideline for compensation payment. Legally prosecute guilty judges , police.
r. to frame a guideline for bail & parole procedure. When it is violated by judges , police , jail authorities , other public servants order them to pay compensation and legally prosecute guilty judges , police , jail officials.
s. to immediately put on hold proposed salary hike to judges and to cancel it subsequently.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 06.02.2017……… ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
UNFIT people selected as Judges , Police , Prosecutors
Our whole hearted respects to honest few in judiciary , bar , legal profession , police & public service. This article is only directed towards few rogues in the legal profession , police , Read the following web pages , it is only the tip of ice berg. UNFIT candidates lacking merit , honesty , integrity are being selected as judges , police , public prosecutors , taluk / district magistrates through illegal means. On top of all , these people behave like rogues on common people while kowtowing before rich crooks.
Therefore , all the people arrested , charge sheeted by police are NOT criminals , in the same way all people convicted by judges are NOT criminals. As there may be CRIMINALS in Khaki , Judicial robe , lawyer’s gown itself.
During trial of a case , as accused is subjected to thorough background check by prosecution , police & judges. In the same way people , defendants , parties in cases have a right to examine thoroughly the antecedents , back grounds of public prosecutors , lawyers , police , judges handling the case to ascertain whether they are honest or rogues.
Jai Hind. Vande Mataram.
Your’s sincerely ,
Nagaraja Mysuru Raghupathi.
Public Prosecutor Appointment Scam
http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,
https://www.youtube.com/watch?v=WAEBJsp_Zsg ,
Four Arrested in Delhi Police Recruitment Scam
http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/ ,
https://en.wikipedia.org/wiki/Vyapam_scam ,
KPSC , Scam
http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html ,
http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,
Judge Selection Illegal
http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html ,
http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804 ,
http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms ,
Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam
http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/ ,
Judges Suspended For Mass Copying
http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html ,
Legal Notice to Honourable Chief Justice of India
To,
Honourable Chief Justice of India,
SUPREME COURT OF INDIA,
New Delhi.
Honourable Sir ,
Subject : Legal Notice to Chief Justice of India
Are Judges , Police PERFECT ? Satya Harishchandra ?
Hereby , I challenge Chief Justice of India in the exercise of my FUNDAMENTAL DUTIES as a citizen of india , that subject to conditions I will legally prove the crimes of few judges , police , public servants within the government service and other criminals. Is the CJI ready to book those criminals , traitors , anti nationals ?
Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out one after another. But the same judges are SHAMELESSLY taking huge pay perks for years now are also poised to get almost triple fold salary increase. Parasites feeding on Indian Public. Whenever questions of accountability are asked judges level contempt charges against the questioner or police fix him in fake cases or he is silenced by threats , murders , denial of jobs , etc. Since 25 years in many ways they are trying to silence me. Just take the recent example of Justice Karnan who leveled corruption charges against specific judges with CJI. Instead of conducting a fair investigation into the matter , CJI tried to silence him by serving him contempt notice.
Our Judges , Police are NOT Perfect Not Satya Harischandras . There are criminals as well as honest people side by side in judiciary & police. We whole heartedly respect honest few in judiciary , police & public service. But we detest corrupt judges , corrupt police. Honest Judges & Police are not coming into open to prosecute their corrupt colleagues, why ? silenced ?
Criminalization of all wings of government has taken place , unfit people are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work. Only few scandals , scams become public , many are buried. If one criminal public servant is caught other public servant who is also a criminal conducts name sake investigation , gives report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.
A Crime may happen without the knowledge of police but cann’t continue for years without the connivance of police. A Crime reported to court cann’t continue for years without connivance of judges.
At the bottom of the paper , I have given web sites about few ACB raids on government officials and unearthing of crores worth property. How they have earned it , by misusing their official positions. Therefore government reports , records prepared by these officials , investigations conducted by corrupt police are suspect. But Law courts in various cases , considers government reports , records , statements of government officials as sacrosanct . Therefore in many cases injustice is meted out by court , as they depend on reports of corrupt government officials , corrupt police.
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too of apex court of the land himself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges.
I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.
Please refer my appeal for justice through DARPG ;
DLGLA/E/2013/00292
DEPOJ/E/2013/00679
In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. Even Press accreditation to me as a web journalist is denied till date. there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.
9. You are responsible for crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.
10. You are responsible for denial of information, which vindicates the crimes of powers that be.
11. You are responsible for physical assaults , murder attempts on me.
12. You are responsible for job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.
13. You are responsible for my illegal retrenchment from RPG Cables , denial of medical care to me towards occupational health problems.
14. You are responsible for denying me legal aid.
15. You are responsible for illegal closure of my news paper.
16. You are responsible for denial of press accreditation to me as a web journalist till date.
17. You are responsible for repeatedly passing on my appeals to police. So that they can take statements , close the file under the threat of police power.
18. You have violated my Human Rights & Fundamental Rights.
19. In terms of Integrity , Honesty You & other public servants are nowhere near Baba Saheb B R Ambedkar , Mahatma Gandhi & Satya Harishchandra . Many Public servants are UNFIT to be in their posts.
You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer it will be admission of the charges by you. It will amount to confession of crimes on your own.
If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.
Thanking you. Jai Hind , Vande Mataram.
Send reply to :
Nagaraja Mysuru Raghupathi
Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,
LIG 2 , NO 761 , HUDCO First Stage,
Laxmikantanagar , Hebbal ,
Mysuru – 570017.
Date : 05.03.2017……………………………… your’s sincerely,
Place : Mysore , India……………………………Nagaraja Mysuru Raghupathi
Judges , Police - TRAITORS
https://sites.google.com/site/sosevoiceforjustice/judges-police---traitors-1 ,
Notice to Chief Justice of India
https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice ,
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police ,
Are all Judges HONEST ? Satya Harishchandra ?
https://sites.google.com/site/eclarionofdalit/are-all-judges-honest-satya-harishchandra ,
DECLARATION
Name : ...........................NAGARAJA.M.R.
Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA
Old Titles : Dalit’s Diary , Indian’s Diary & Dalit Online
Title of New Paper formed by merger of above three news weeklies : DALIT ONLINE
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Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .
Monetary Gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.
Owner/Editor/Printer/Publisher : NAGARAJA.M.R.
Nationality : INDIAN
Body Donation : Physical Body of Nagaraja M R , Editor , DALIT ONLINE is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.
Eye Donation : Both EYES of Nagaraja M R , Editor , DALIT ONLINE are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.
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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
Public Interest Litigation is an appeal for justice to the courts , to redress the injustices meted out to the public. Individual cases of injustices pertaining to an individual are not covered under PIL, however an individual an activist who is fighting for public causes suffering injustices as a result of his struggle ,caused by powers that be to silence him can club his individual case under the public causes (PIL ) he is appealing.
Nowadays people of questionable character , integrity are being selected to public posts , end result is present day india. In the following web sites I have shown few actual cases of crimes by judges & police , just imagine what type of justice common man gets.
Traitors in Indian Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police
Crimes by Khaki
https://www.scribd.com/document/334590032/Crimes-by-Khaki ,
Police show full bravery , courage , use full might of law while acting against innocents , commoners. Even takes suo motto action. Frequently crosses legal limits while acting against commoners like 3rd degree torture , arrest / search , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues no suo motto action , delayed action inspite of complaint allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?
Judges show their full wisdom , apply rigid law book while judging cases of commoners , take suo motto action where as cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
Powers that be , higher ups have referred all my previous cases to police although in most of the cases police don’t have jurisdiction over it. It sends a subtle message by police force to the complainant to keep silent . In the remaining cases which are under their jurisdiction police don’t act against higher ups , high & mighty. In such cases police lack practical powers , their hands are tied although they are honest. As a end result , police have repeatedly called me to police station number of times ( have never called guilty influential persons even once) took statement from me and closed the files. Hereby , I do make it clear the statements made by me in my original petitions , PILs , news papers , etc while I was in a free & fair atmosphere are TRUE , over rides , prevails over all the statements made by me before police earlier and which will be made by me in future before police.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.
On this Universal Human Rights Day all our three news weeklies DALIT’S DIARY , INDIAN’S DIARY & DALIT ONLINE are merged to form a single news weekly with name of DALIT ONLINE.
date : 25.02.2018…………………………..Your's sincerely,
place : India…………………………………...Nagaraja.M.R.
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
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