Failures of Indian LEGAL SYSTEM

Failures of Indian  Legal System

 S.O.S - eVoice For Justice - e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R....... vol.5 . issue.32.........08/08/2009



-         Another independence  struggle in India needed ?


After 62 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries  all at tax payer's expense , while more then 50 million are starving to death.


The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.


Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant  is neither aware of the value of our hard won independence or the working of democracy.


When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.


Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.


In some cases , involving the rich &mighty ,higher police officials , the cover-up begins  right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit  more crimes , more anti-national activities.


In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs  , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?


Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges  have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.


In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc  is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.


If the  authorities term this act as illegal , crime then are the acts of corrupt public servants  legal  ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting  , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ?  the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.


In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice  & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither  state nor public.


Hereby, e-voice  urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers &  sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants. JAI HIND. VANDE MATARAM.


Your's sincerely,





- An appeal to honourable supreme court of india


Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become  factories turning out  hardened criminals.


Say , a person was caught by police on  suspicion  of  pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.


Taking the same example further, say the court finds  the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.


As per law, no body not even the courts of law are legally empowered to punish anybody  beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials  are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?


The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy  person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.


Say, a rich industrialist is accused of  rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi  has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.


Considering the above examples it is quite clear the bail amount, fine amount  are peanuts for the rich  just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.


Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of  prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from  health problems , many are dying due to lack of proper health care & food in the prisons.


Whereas , the rich & mighty prisoners , by payting bribe get non-veg  , alchoholic drinks from outside restaurants daily. They even secure drugs  . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.


The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty.  For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit  for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?


Nowadays , numerous cases of irregularities , charges of corruption against judges  are coming to light. However , in such cases  judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?


In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before  them.  However , in all such cases , the lower court judges  must be punished for  giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction  of cases goes in appeal to higher courts, as in majority of cases the  poor people lack the financial might to make the appeal. The so-called  free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.


In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public  and the public cann't even ascertain the validity of tapes , whether it is edited , doctored .


One of the basic reasons for delayed justice  &  worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments  and finally low amount of financial grants made by the government  to judicial department / police department. The government states that  it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI ,  is one of either parties in 75% of cases  before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.


The government has got money  to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of  commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.


We at  HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest  few judges seeking justice to the common folk. 


Indian judiciary's contempt for accountability and scrutiny is a shame


The Delhi High Court on September 21, 2007 sentenced the editor, the resident editor, the publisher and the cartoonist of English daily Mid-Day guilty in a contempt of court case. The charge against the convicted journalists was that they published a report and a cartoon concerning the former Chief Justice of India, Mr. Y.K. Sabharwal. The report and the cartoon were published after Mr. Sabharwal retired from service.

The report, relying upon documentary evidence, alleged that the judge's two sons Mr. Chetan and Mr. Nitin had made material benefits out of their father's position in the Indian judiciary as a senior judge and also as the Chief Justice of the country. The report alleged that the judge's sons managed their business from their father's official residence at 6 Moti Lal Nehru Marg, New Delhi. The report further alleged that the Chetan and Nitin also availed huge loans from a nationalised bank in favour of their business concerns without providing adequate collateral security. There were also allegations that the judge's two sons were allotted prime land by the Uttar Pradesh state government with heavy price concessions, an act which was under investigation. The investigation was however stayed later by the Supreme Court.

The Supreme Court of India is known for using the constitutional mandate and authority to initiate actions of public interest. The court in the past has even taken note of newspaper reports to initiate suo motu actions against suspected breach of law and misuse of office by public servants. This earnestness and enthusiasm has not been thus far reflected in the Indian courts' approach against scrutinising the activities of the courts and its judges. On the contrary, the Indian courts have been very parochial in its approach in facing criticism.

Earlier this year, the Supreme Court of India had forced Mr. Vijay Shekhar, a journalist with a television news channel, who exposed the caucus of a corrupt magistrate, his court staff and some lawyers in Gujarat state in the "Warrants for Cash" scam to apologise to the court or to face a term in jail for contempt of court. The court staff and the lawyers were caught on camera negotiating and accepting bribe for the magistrate for issuing arrest warrants. In the episode which was telecast nationwide, the magistrate after accepting bribes, issued arrest warrants on false charges against the President of India and the Chief Justice of the Supreme Court.

The Supreme Court took up the matter and directed the Gujarat High Court to initiate an internal enquiry against the concerned judicial officer and his staff. The judge was however absolved by the Gujarat High Court without examining the complainants. Thereafter, the Supreme Court of India condemned the journalist who had carried out this operation and threatened to send him to jail for contempt unless he apologised.

The conviction and sentencing of journalists of Mid-Day for publishing information about the conduct of Mr. Sabharwal has brought to the fore the issue of judicial accountability. The Indian judiciary is one of the most powerful judiciaries of the world. The conduct of the judiciary has a direct impact upon the life of the ordinary people of the country. It is imperative in these circumstances that a state institution of such high powers must be transparent and accountable for its actions. The courts in India have however consistently avoided calls for accountability despite there being many instances of serious allegations of misconduct and misdemeanour. At one time Justice S. P. Bharucha, former Chief Justice of India, admitted that about 20 percent of the higher judiciary in India is corrupt. According to Justice Michael Saldahna of the Karnataka High Court it is 33 per cent. Despite there being such admissions, no enquiry has ever been initiated against any judge for past 15 years.

Under the Constitution of India, the only way to remove a judge from the High Court or the Supreme Court is by way of impeachment. This constitutional provision has failed miserably. Its ineffectiveness was clearly demonstrated in the case of Justice V. Ramaswami.  At the same time, despite verbal homilies, the courts and judges have been the most reluctant to evolve even a self-monitoring mechanism for accountability. Such a situation has caused enormous arrogance and abuse of power.

This is reflected in the procedure adopted for appointment of judges in the higher judiciary as well. Even though the appointment is made by the President of India, the selection is made by the collegium of judges. The selection process is non-transparent and all attempts to make the process transparent have been resisted by the judiciary thus far.

Demanding judicial accountability has almost certainly caused initiation of contempt proceedings, thereby, stifling of free discussion on the issues plaguing the judiciary in India. Unwarranted use of contempt of court proceedings in fact diminishes the public perception about the judiciary's openness and transparency, of which the case against the Mid-Day publishing house is the latest.

There are judicial systems within Asia which are considered to be failed beyond the point of recovery. Of this, the most glaring example is the judiciary in Sri Lanka, which is now facing criticism on all counts including politicisation of the judiciary to meet the ends of a corrupt Chief Justice. The Chief Justice of Sri Lanka, an infamous figure in the country, is feared for abusing contempt of court proceedings against anyone who opposes his questionable actions.

The Supreme Court of Sri Lanka has now stooped down to a stage where public perception about the impartiality of the court and its competency to decide matters on merits is at an all time low. As a result the general public views the courts in Sri Lanka as a failed state apparatus which in fact adds to the decades long ethnic conflict in that country.

The term democracy implies the notion that the people are supreme. All state institutions, whether it be the judiciary, legislature or the executive are merely the servants of the people. The basic principle behind the contempt of court proceedings is that the use of this authority by the court must be only in circumstances where otherwise the functioning of the court is impossible or obstructed.

In India under the Contempt of Courts Act, 1971, the term 'contempt' is not defined. Therefore if any person makes adverse comments against the court or a judge, the power to punish for "scandalising the court…" is frequently invoked. This approach is considered obscure in most established jurisdictions.

The contempt of court action must not be an attempt to protect the dignity of the court, but to promote the administration of justice. The dignity of the court is promoted by the court being humble enough to face criticism, whereas promotion of justice is to be carried out by removing all hindrances in the delivery of justice. By the unrestrained use of contempt of court actions the courts in India are in fact derogating from their duty to safeguard the Constitution of the country, which also guarantees freedom of speech and expression in Article 19 (1).

The honour of the judge and the judiciary - a state institution through which a judge is supposed to serve the people - is promoted and protected by the openness of the judge and the judiciary to face any criticism. Intolerance to scrutiny and lack of openness equates the judge and the judiciary with a dictator.

At this pace the Indian judiciary once known for its eloquence and its contribution to the advancement of free thought and expression will soon be reduced to an egotistical institution. Such a judiciary is definitely not what modern India aspires for. India as of today requires a transparent, accountable and sensitive judiciary.

The imperatives for the judiciary in India are obvious. It has a duty to protect, promote and fulfil the Constitutional guarantees. The judiciary must be open and transparent with a clear conscience that it is not beyond criticism. For this, it must be accountable to the people, which it is bound to serve. The judiciary in India is the last hope of a fragmented society, which when fails to respect its responsibilities, will soon bring insurmountable peril to the country and its people.


Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations


The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby  covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested  for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise  of my FUNDAMENTAL DUTY as a citizen of India. However  the above stated public servants preferred to violate law themselves & to protect the criminals.

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 apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?


it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.








We express our deep condolences to the victims of 27/11/08 mumbai

terrorist attacks. We at e-voice  salute our NSG Commondos  & Mumbai

police for teaching the external enemies a befitting lesson and

protecting our motherland from the external enemies. We pay our whole

hearted respects to the martyrs , who laid down their lives , in the

course of protecting our people & country from the clutches of


At this juncture , we must also remember our kargil  martyrs of Indian

military who sacrificed their lives protecting our motherland – INDIA

from enemies.


India equally faces greater threat from internal enemies – corrupt

public servants ( who are deadlier than pak terrorists). These corrupt

public servants sell everything , motherland , for money , for bribe.


Mumbai terrorists killed 200 people , where as a fake drugs

manufacturer kills thousands of people by selling fake drugs / fake

medicines. Drugs control department officials lets off many such such

fake drugs manufacturers , in turn killing thousands of innocents. The

number of end victims are huge than any terrorist attacks. This is

just one instance , in this way corrupt public servants of various

departments compromise with their official duties & murder scores of



The corrupt public servants network , is oiled far better than italy's

mafia. Common man doesn't get justice , even if he complains to higher

officials , vigilance authorities or even court of law. As the bribe

booty reaches higher-ups & political bosses.. thus black money is



The huge profits earned / black money created by criminal

industrialists / entrepreneurs  , finds it's way to  money laundering

heavens. Thus our economy is crippled ,  public exchequer deprived of

it's dues. The money thus laundered feeds terrorist outfits ,

underworld dons , in their criminal deeds.


Now , underworld / terrorist outfits are involved in huge  real estate

business , film production / distribution , film piracy business ,

etc , to reap more illegal profits out of illegal money. This shakes

upside down our government's fiscal policies.


Corruption in india has taken root & ever growing , due to the failure

of indian legal system. Right from the stage of complaint registration

by police to trial of case & final judgement , everything is

susceptible to manipulation by rich criminals. The saving grace is

still a few honest judges , police are there , who are swimming

against the tide of corruption  & doing their public duties honestly.

In the following articles involving actual  cases  , one can  see the

failures of various stages of legal system – registering  FIR ,

investigation of case ,  prosecution-defense nexus , final judgement ,

etc .

If a corrupt public servant is apprehended , it is equal to depriving

100 terrorists  out of funds , putting 100 criminals out of action.

Will the common man raise to give a befitting  lesson to corrupt

public servants.



IN INDIA - Gross violations of human rights by police


At the outset , e - Voice salutes the few honest police personnel who


silently doing their duties inspite of pressures , harassment by

political bosses & corrupt superiors , inspite of frequent

transfers ,

promotion holdups , etc. overcoming the lure of bribe ,those few are

silently doing their duties without any publicity or fanfare. we


them & pay our respects to them and hereby appeal to those few honest

to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just

holding onto a thread of clue. Based on that clue they investigate


"Sherlock holmes" and apprehend the real criminals. nowadays , when

police are under various pressures , stresses - they are frequently

using  3rd degree torture methods on innocents. Mainly there are 3

reasons for this :

1)      when the investigating officer (I.O) lacks the brains of


holmes , to cover-up his own inefficiency he uses 3rd degree torture



2)      When the I.O is biased towards rich , powerful crooks , to


innocents & to extract false confessions from them , 3rd degree


is used on innocents.

3)      When the I.O is properly doing the investigations , but the

higher-ups need very quick results - under work stress I.O uses 3rd

degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish

let alone torture the detainees / arrested / accussed / suspects.


the judiciary has the right to punish the guilty not the police. Even

the judiciary doesn't have the right to punish the accussed /

suspects , then how come police are using 3rd degree torture


Even during encounters , police only have the legal right , authority

to immobilize the opponents so as to arrest them but not to kill


There is a reasoning among some sections of society & police that use

of 3RD DEGREE TORTURE by police is a detterent  of crimes. It is


& biased. Take for instance there are numerous scams involving 100's

of crores of public money - like stock scam , fodder scam , etc

involving rich businessmen , VVIP crooks. Why don't police use 3rd

degree torture against such rich crooks and recover crores of public

money where as the police use 3rd degree torture against a

pick-pocketer to recover hundred rupees stolen ? double standards by


In media we have seen numerous cases of corrupt police officials in

league with criminals. For the sake of bribe , such police officials

bury cases , destroy evidences , go slow , frame innocents , murder

innocents in the name of encounter , etc. why don't police use 3rd

degree torture against their corrupt colleagues who are aiding

criminals , anti nationals ? double standards by police.

All the bravery of police is shown before poor , innocents ,

tribals ,

dalits , before them police give the pose of heroes. Whereas , before

rich , VVIP crooks , they are zeroes. They are simply like scarecrows

before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose


investigations police have scientific investigative tools like

polygraph, brain mapping , lie detector , etc. these scientific tools

must be used against rich crooks & petty criminals without bias.

Hereby we urge the GOI & all state governments :

1)      to book cases of murder against police personnel who use 3rd


torture on detainees and kill detainees in the name of encounter


2)      To dismiss such inhuman , cruel personnel from police service

and to

forfeit all monetary benefits due to them like gratuity , pension ,


3)      To pay such forfeited amount together with matching


contribution as compensation to family of the victim's of 3rd degree

torture & encounter killings.

4)      To review , all cases where false confessions were extracted


innocents by 3rd degree torture.

5)      To make liable the executive magistrate of the area , in


jurisdiction torture is perpetrated by police on innocents.

6)      To make it incumbent on all judicial magistrates ,to provide


torture free climate to all parties , witnesses in cases before his


7)      To make public the amount & source  of ransom money paid to


brigand veerappan to secure the release of matinee idol mr. raj


8)      To make public justice A.J.Sadashiva's report on "torture of

tribals , human rights violations by Karnataka police in M.M.HILLS ,


9)      To make it mandatory for police to use scientific tools of

investigations like brain mapping , polygraph , etc without bias

against suspects rich or poor.

10)     To include human rights education in preliminary & refresher

training of police personnel.

11)     To recruit persons on merit to police force who have aptitude


knack for investigations.

12)     To insulate police from interference from politicians &


13)     To make police force answerable to a neutral apex body instead


political bosses. Such body must be empowered to deal with all


matters of police.

14)     The political bosses & the society must treat police in a


manner and must know that they too have practical limitations. Then


a reciprocal basis , police will also treat others humanely.

15)     The police must be relieved fully from the sentry duties of


& must be put on detective , investigative works.


Nowadays , we are seeing reports of corruption by police & judges in

the media and are also seeing reports of raids by vigilance

authorities seizing crores of wealth from such corrupt police. Some

Judges have also amassed crores of wealth. Who gives them money ? it

is rich criminals , anti-nationals . By taking bribe & hiding the

crimes of criminals , the corrupt police & judges are themselves

becoming active parties in the crimes , anti-national activities.

Those shameless , corrupt police & judges are nothing but traitors &

anti – nationals themselves. When an innocent is subjected to 3rd

degree torture to extract truth with justification by investigating

agencies that all for the sake of national security , what degree of

torture these corrupt  , anti-national police & judges qualify for ?

what type of aeroplane or helicopter the corrupt police / judges must

ride ? ofcourse , for protection of national security. Here also

police & judges have double standards , what a shame.


We at e – voice are for "Rule of Law" & abhor all type of violence.

Truly these police & judges are not building a Ram Rajya of our

Mahatma Gandhi's dream.




- By American Citizens


Our country was known as " Heaven On Earth" , "Land of Equality &

Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the

spirit of our country. Now USA is known as a "Terror State".


In the last 3 – 4 decades , the persons who occupied the office of

President USA ,in their individual capacity took wrong  , inhuman

decisions , meddled in the internal affairs of other sovereign

nations , spent our resources to create terrorist outfits like al-

queda , Taliban in those countries.


In turn these terrorist outfits terrorized , murdered millions of

innocents & this Frankenstein monster came home to roost on September

9 / 11 . After September 9 / 11 , each terror suspect is severely

tortured in hell like Abu Garibh prison , elsewhere by our

authorities. For argument sake let us accept that these terrorists who

murder innocents don't deserve kid glove treatment & rightly

deserve 3rd degree torture. When a single terrorist deserve such

inhuman 3rd degree torture , what quantum of punishment , torture –

previous presidents of USA deserve – who created , aided & abetted

thousands of such terrorists , terrorist outfits ?


Herby, we appeal to the honourable Supreme Court of USA to order the

federal government to  to make public :


1. how much  US resources were spent from US TREASURY , to finance

terrorist outfits , military juntas in other sovereign nations ?


2. is not Al-queda  , Taliban creations of USA ?


3. did September 9 / 11 WTC attack truly happened by hijacked airplane

or was it planned by US authorities ? see


4 . is racial profiling , profiling a particular community &

suspecting all the muslims as terror suspects , right?


5. if it is right , the cretors of such terrorist outfits – past

presidents of USA – who were Christians makes it logical to assume

whole of our Christian community as terror suspect ?


6. is not use of 3rd degree torture on all type of suspects in US

prisons & in the prisons of US allied countries at the behest of US

authorities , right ? is it not  violation of human rights & US

laws ?


7. did US find any weapons of mass destruction in Iraq  , which was

the main reason for US attacking Iraq ?


8. why not US authorities use scientific interrogation techniques like

polygraph , lie detector tests instead of inhuman 3rd degree torture

on terror suspects & suspects in  other criminal cases ?


9 . what legal right our President of USA have , to illegally spend

billions of our dollars on inhuman , llegal acts of terrorism ,

military coup , creation , aiding & abetting of terrorists , etc , in

other sovereign nations ?  while we are suffering from loss of

jobs ,loss of home due to natural calamities , etc ?


Crux , Foundation of all religions is humanity , kindness & universal

brotherhood. It is the preachers who misrepresent it. Terrorism

created , aided , abetted by anybody is inhuman & wrong . Terrorism is

creation of power hungry , selfish people & they must be legally

punished .


Hereby ,  we appeal to the honourable court to legally prosecute

Previous PRESIDENTS OF USA in the last 4 decades , for crimes of

terror , as per the present US anti-terror laws.


Recently , in the issue of last week "The Week" , cabinet minister of

government of srilanka (previously a deadly terrorist & right hand man

of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an

interview that LTTE received arms training in Tamilnadu State of

India , to wage war against Government of Srilanka. The Justice Jain

Commission Of Enquiry , which probed late PM Rajiv Gandhi's

assassination case , also stated that Tamil Terrorist outfits in

Srilanka Received monetary , financial , arms training support from

government of India. GOI has even setup a radio station for tamil

terrorists of srilanka , within Indian territory. GOI spent billions

of dollars of Indian taxpayer's money for aiding & abetting

terrorism , while billions of Indians were half starving & going

without a single meal , without proper health care.


Recently in the last week  , in a media interview the president of

Government of Pakistan Mr. Jardari himself has confessed that in the

previous years the government of Pakistan has aided & abetted

Terrorism for tactical gains of Pakistan , spending billions of

dollars of Pakistani taxpayer's money. While ordinary ordinary

Pakistanis were suffering from starvation , lack of health care , etc.


All the above proves that    Previous Presidents of Government of

USA , previous Presidents of Government of Pakistan & Previous Prime

Ministers of Government of India were the real master minds of


GAINS. In turn murdering lakhs of innocent human beings.


These guilty previous presidents & prime ministers are deadly than



Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN &

INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous

Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN ,

on charges of master minding TERRORISM.



- An appeal to union home minister & Karnataka state home minister

                  The ABC of police force in India is apathy ,

brutality & corruption . in India, police are not impartially


law instead are working as hand maidens of  rich & mighty. The


police officers are collecting protection money from criminals ,

collecting money to go slow on investigations , to file B- reports ,


fix innocents in fake cases , to murder innocents in lock-up /

encounters . they are hand in league with land mafia , today C.M of

Karnataka himself issued a warning to police officials about this.

                 Even in lock-ups , jails, the rich inmates bribe

officials get better food from outside , mobile phones , drugs ,


, cigareetes , etc. they get spacious cells & get best private


care . where as the poor inmates are even denied food , health care ,

living space as per the provisions of law. The corrupt jail officials

instigate rowdy elements in the jails to assault poor inmates & to


their line. More corrupt the police more wealthier he is. Even CBI

officials are no different. The only beacon of hope is still there


few honest people left in the police force.

                  Hereby , e-voice urges you to make public the


information in the interest of justice. many CBI officials & Karnataka state police  officials are


 charges of corruption , 3rd degree torture , lock-up/encounter


, rapes , fake cases , etc ? you are monitoring the ever increasing wealth of corrupt police

officials? many officials from the ranks of constable to DGP have amassed

illegal wealth?

4.what action you have taken in these cases ? have you got

reinvestigated all the cases handled by tainted police? many policemen have been awarded death penalty & hanged till

death , for cold blooded murders in the form of lock-up deaths /

encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,

subsequent police complaints  ?

is it because rich & mighty are involved ?

7.e - voice is ready to bring to book corrupt police officials subject


conditions, are you ready ? many police personnel are charged with violations of people's

human rights & fundamental rights ? many STF police deployed to nab veerappan were themselves

charged with theft of forest wealth? you are ensuring the safety , health , food , living space of

inmates in jails? you are ensuring the medical care , health of prisoners in

hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of

inmates in juvenile homes ?


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


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


performing his public duties , all those become crimes & he is


booked for each counts.

Why not police registering complaint  against the above stated public

servants for above crimes. IS IT NOT DOUBLE STANDARD.







MYSORE - 570017.



Honourable DG & IG of Police ,

State Police H.Q ,





Honourable Circle Inspector of Police,

Vijayanagar Police Station,



Honourable Sir,


   Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India &  H.E.Honourable President of India & other public servants


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.


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




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


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


cognizable offence.


INDIA - , , , , ,






, ,




are you ready to catch tax thieves ? , ,


reliance industry where is accountability ? , ,

crimes at infosys campus , ,

crimes by B.D.A against a poor woman , ,

crimes of land mafia in India , ,

currency thefts in RBI Press , ,

killer colas & killer medicines of India , ,

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


violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC

HUMAN RIGHTS & Obstructing me from performing constitutionally


Hereby , i do

request you to legally prosecute the below mentioned public servants


1. H.E.Honourable President of India

2. Honourable Chief Justice Of India

3. Union Home Secretary , GOI

4. Governor , Reserve Bank Of India

5. Director-General & Inspector General Of Police , government of


6. Commissioner , Bangalore Development Authority

7. Commissioner , Mysore Urban Development Authority

8. Commissioner , Mysore City Corporation

9. Labour Commissioner , government of karnataka and

10. all public servants belonging to tax dept , pollution control

board , etc mentioned in the above cases with web links.

on the above mentioned charges. the whole issue of this news paper &

the related materials at the weblinks provided, forms part of this

complaint. 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


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 will be responsible for it. Even


criminal nexus levels fake charges ,  police file fake cases against

me or my dependents  to silence me , this complaint is & will be


if anything untoward happens to me or my dependents , the government

of india is liable to pay Rs. one 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 , public servants & Constitutional fuctionaries. thanking


Jai Hind , Vande Mataram.


Date : 04.07.09                             your's sincerely,

Place : Mysore                               nagaraj.m.r.





 New Delhi, August 21 The Delhi High Court imposed a four-month ban on

senior advocate R K Anand and colleague I U Khan on Thursday for

interfering with judicial proceedings in the high-profile BMW hit-and-

run case. A fine of Rs 2,000 was levied as well.

On May 30, 2007, television channel NDTV caught both lawyers in a

"sting" operation, conniving with key prosecution witness Suniel

Kulkarni to get main accused Sanjeev Nanda off the hook.

A High Court Bench comprising Justices Madan B Lokur and Manmohan

Sarin found the two guilty of criminal contempt.

"The entire material leaves a bitter taste in the mouth about the

goings-on in the BMW case. There is no manner of doubt whatsoever that

there was complicity between Mr Khan and Mr Anand... There can be

absolutely no doubt that Mr Khan and Mr Anand were, somehow or the

other, more than mixed up in the BMW case," observed the court, which

had taken suo motu cognizance of the expose the day after it was


"Mr Anand and Mr Khan are prohibited from appearing in this court

(Delhi High Court) or courts subordinate to it for four months from

today. However, they are free to discharge their professional duties

in terms of consultation, advice, conferences, opinions, etc," said

the Bench.

The court desisted from commenting on the conduct of Kulkarni, saying

it would not be "proper" to do so.

Though the verdict comes solely on basis of the CDs and transcripts of

the sting operation, the Bench said, "the unshakeable truth is that Mr

Anand is guilty of criminal contempt of court".

Contemplating a fit punishment, the Bench wondered how many in the

legal fraternity had had been taken by surprise to find Anand

indulging in such "sharp practices". "Mr Anand has held many

prestigious elective positions in the legal fraternity, including the

Bar Council of Delhi. He has also been a Member of the Rajya Sabha,"

noted the Bench.

The court said it knew Khan for his legal acumen and forensic skills —

"perhaps the reason why he was appointed Special Public Prosecutor in

the BMW case". High expectations over Khan fell apart when his conduct

"betrayed the trust that prosecution reposed in him... what he did was

perhaps beyond the realm of contemplation of the prosecuting agency".

Chastising the two for their misconduct, the Bench said: "We are not

dealing with a young lawyer who, driven by ambition and desire...

transgresses the limits or unwittingly or unknowingly commits criminal

contempt. We are dealing with senior advocates, who are expected to

conduct themselves as gentlemen and role models for younger members of

the Bar."

The court forwarded a recommendation that the two be "stripped of

their designations as senior advocates". The High Court Registrar

General will put up the court's recommendation before Chief Justice AP

Shah within a month.

In response to the verdict, the Delhi Bar Association president,

advocate Rajiv Khosla, said about 20,000 lawyers from district courts

were going on strike on August 22 in protest.

R K Anand

Began legal career in Delhi's Tis Hazari Court as a civil lawyer in

1967. Appointed government counsel in 1976. In 2000, JMM nominated him

to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly

polls in Himachal Pradesh in February 2003.

High-profile cases:

* In 1980, represented the late Indira Gandhi in a property litigation

filed by Maneka Gandhi after Sanjay Gandhi's death

* Narasimha Rao in the JMM bribery and the St Kitts case

* Chandraswami in the FERA violation case

* H K L Bhagat in the 1984 anti-Sikh riots case

* Former external affairs minister Natwar Singh's son Jagat Singh in

the murder/suicide of his wife Natasha Singh

I U Khan

One of the top five criminal lawyers in Capital. He was charging a fee

of only Re 1 in the BMW case. Began his career in late 1960s, and came

intio spotlight in 1980s.

* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in

the Personal Point triple murder, former Youth Congress President

Romesh Sharma in several cases and Tony Gill in Jessica Lall murder


When prosecution & defence lawyer together team up along with corrupt

police / public servants and manipulate evidences / records , the

court is helpless and will acquit the accussed for lack of evidences

eventhough the presiding judge is of impeccable integrity , honesty ,

he is help less. Add to this , if the presiding judge happens to be

corrupt & teams up with the criminal nexus , the result is

devastating , the rich criminal will get away & the innocent will

suffer punishment in some cases even death sentence.


Who will bell these few corrupt among the judiciary , bar , police &

public service ? why  not prison sentence for two leading advocates

on criminal charges of contempt of court , destruction of evidences ?

are they above law ? why favouritism by court to the guilty in

awarding punishment to guilty two advocates as they happen to be

political influential ? will the court let a common man so leniently

for the same charges ? In the past cases dealt by these corrupt duo

advocates , there are possibilities that the same tactics of

manipulation of evidences , prosecution is done to win the cases , to

free the rich criminals , why not review of the cases dealt by these

corrupt advocates ?


The honest few among judiciary , bar  , police & public service must

uphold our constitution , rule of law & bring to book their corrupt





Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal

Yadav who has gone on leave after her name is said to have figured in

the statements of the main accused in the case involving the delivery

of cash at another High Court Judge's house, said today that she was a

"victim of a vilification campaign."

Speaking to The Indian Express at her Sector 24 residence here today,

Justice Yadav said that "some influential persons were trying to shift

the focus on her to save the real accused."

Justice Yadav denied that former Haryana Additional Advocate General

Sanjeev Bansal had talked to her on phone on August 13 when Bansal's

clerk "mistakenly" delivered a bag containing Rs 15 lakh to the

residence of Justice Nirmaljit Kaur, another sitting Judge of the High


"Let any agency prove that I talked to Sanjeev Bansal on phone either

on that day or any day in the past one month," Justice Yadav said. "I

am ready to face all consequences if this allegation is found true. I

have had no dealings with Bansal. I have not received any money from

Bansal or any of his associates. I am sure I will get justice."

Justice Yadav said she had explained her position to High Court Chief

Justice T S Thakur and had "proceeded on leave." She said she would

not hear any case until her name is cleared.

Sources close to her said that during her meeting with Justice Thakur

yesterday evening, in which some other senior judges were also

present, Justice Yadav offered to proceed on leave to "maintain the

highest traditions of Indian judiciary." Justice Thakur told The

Indian Express that he had not asked Justice Yadav to proceed on leave

and that it was her own decision.

It is learnt that in her meeting with Justice Thakur, Yadav vehemently

denied any role in the entire role.

While acknowledging that she and some other members of her family had

bought a plot of 11.1 bighas of land (see accompanying story) at

village Rihun Pargana near Kumharhatti in Solan district of Himachal

Pradesh on August 14, Yadav is learnt to have denied that the money

for purchasing the land came from Bansal or Ravinder Singh, the Delhi

businessman, who is also named in the case.

"Can't a judge buy legal property? Let the police or any other

investigating agency prove that the money for the deal was provided by

Bansal or Singh," she is learnt to have told the Chief Justice. But

she is learnt to have acknowledged, in her meeting with the Chief

Justcie, that she knew Ravinder Singh. She is learnt to have said that

she came to know him through some other judges.

Meanwhile, highly placed sources in the High Court confirmed that

Chief Justice Thakur is awaiting the return of Chief Justice of India

KG Balakrishnan from Brazil to apprise him of the developments in the

case. The Chief Justice is learnt to have asked the administrative

committee, comprising senior judges, to monitor the case on a daily


The Rs 15-lakh delivery: Story So Far

•August 13: Parkash Ram, an assistant to Haryana's Additional Advocate

General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the

residence of Justice Nirmaljit Kaur of the Punjab and Haryana High

Court. Justice Kaur calls the police.

•Rajeev Gupta, Bansal's friend and a property dealer, tells the police

that the money reached there by mistake and it was meant for Nirmal

Singh, another property dealer. Chandigarh Police decline to hand over

the cash. Bansal is questioned

•August 16: A case is registered against Bansal, Parkash Ram and Delhi-

based hotelier Ravinder Singh who allegedly organised the money

•Bansal resigns as Addl AG and surrenders on August 19

•August 21: Rajeev Gupta, the property dealer who claimed the money

was meant for Nirmal Singh, is arrested. The Inspector General of

Police sends a report to the Chief Justice of Punjab and Haryana High

Court. The report says that the money was meant for another judge.

•August 22: Justice Nirmal Yadav proceeds on leave


Caught in controversy is Solan plot that judge, 16 others purchased

CHANDIGARH, SOLAN, August 22: On August 14, according to revenue

records, a plot measuring 11.1 bighas in Solan was purchased by

Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the

transaction, obtained by The Indian Express, show that the land was

purchased by her and 16 others from six persons, all residents of

village Rihun Pargana, near Kumharhatti in the Solan district of

Himachal Pradesh.

<!--[if !vml]--> v="_x0000_i1025" v:shapes="_x0000_i1025"><!--[endif]--

This purchase is said to have figured in the meeting between Justice

Yadav and the High Court Chief Justice yesterday. Justice Yadav is

said to have told the Chief Justice: "Can't a judge buy legal

property? Let the police or any other investigating agency prove that

the money for the deal was provided by (Sanjeev) Bansal or Ravinder


The purchasers and sellers obtained permission from the Himachal

Pradesh Government under Section 118 of the Himachal Pradesh Tenancy

Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that

that the deal had been registered as per the details we have.

The land was sold by residents of village including Baldev; Narinder

Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The

sellers have given a General Power of Attorney to Surinder Kumar (one

of the partners among the sellers), who executed a sale agreement in

favour of the buyers.

Those named as purchasers (partners) in the land deal include Suruchi,

a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram

Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek;

Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay

Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector

11, Panchkula) and Punjab and Haryana High Court Justice Nirmal



Three booked in judge bribery case

Haryana Addl Advocate General among booked

Chandigarh, August 16: Three persons, including Additional Advocate

General of Haryana Sanjeev Bansal, were on Saturday booked for an

attempt to bribe a Punjab and Haryana High Court Judge.

The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh

to the residence of High Court judge Nirmaljit Kaur on Wednesday

night, and Ravinder Singh, a Delhi-based businessman who has a hotel

in Karol Bagh.

The munshi was taken into custody while a police party has been

despatched to Delhi to nab Singh.

Assistant Superintendent of Police Madhur Verma said the amount was

supposed to be handed over to some other public servant but was

mistakenly delivered at Kaur's house.

An FIR was lodged after Kaur complained to the police. She also

reported the matter to the Chief Justice.

Police said Singh had allegedly paid Bansal a huge amount to get

settled a criminal case pending in the High Court. The case is due to

come up for hearing on Wednesday.

Earlier, Singh had claimed the amount was pertaining to a property

deal he had struck with a resident of Panchkula. The money was

supposed to be delivered to one Nirmal Singh and was mistakenly

delivered at the judge's house.

Verma, however, said the preliminary investigation had ruled out the

possibility of the amount being related to any property deal.

"Bansal failed to give a detailed account of the cash. He produced

some papers pertaining to some property in Panchkula but that did not

carry any weight. Our investigations caught him on the wrong foot and,

therefore, we booked him along with two others under the Prevention of

Corruption Act and criminal conspiracy," he added.

Bansal has been handling several high-profile cases. He is one of the

dozen-odd Additional Advocate Generals appointed by the Haryana

Government about two years ago.


Corrupt judge in Allahabad High Court

  Posted By: Rajeev

State: Uttar Pradesh   District: Allahabad   City: Allahabad


* Conversation with Vigilance Officer – Audio Wave File

* Conversation with Registrar General – Audio Wave File

* Letter that CBI has forwarded to Registrar General – Tif Format


If the Judges go corrupt, then it is GOD who will give one justice

when one go to heaven or hell. It is a Irony that I filed a complaint

against a District and Session Judge who later promoted to High Court

of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice

Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice

at Rs 100000 per page!!


Here I am elaborating what had happened. In 1994, two people name

Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's

property and in March 1994 they beat him and pulled his legs( just

imagine the pain) making him handicapped for life. Then in court those

guys were merely sentenced for 6 months in Jail, but they did not went

for the jail for single day or hour and appealed to Sessions Court and

then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in

Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal.

It is a shame on Umeshwar Pandey that he cannot see a Handicapped man

suffering for last 9 years and even then not given the justice.


Umeshwar Pandey has taken this bribe via his Steno name some G. D.



It is the habit of Parashram and MohanLal to record the conversation

while giving bribes on hidden audio recorder and the same cassette can

be recovered if the authority try. It is been 8 months since I have

informed various authorities by registered letters and phone calls

from USA for no action till date.


I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance

Officer for no action till date and the recording attached is from

Sept 2002.


Similarly I have spoken with Mr. K. S. Rakhra who was posted as

Registrar General but no action till date, and the recoding shown is

from Sept 2002 too.


Even CBI has forwarded my letter to Registrar General, but no action

is taken on that one too.


I have emaild my plea to few High court Judges too for no response.


I just hope GOD is there who will give some justice. But the corrupt

Judges should stop imitating as GOD they are devil actually.


The only solution can be people make a limit. How much money a person

needs. I often think about a story that a saint refused to take the

food as he already got the food for today and he do not want to

collect for tomorrow. But I don't know why people want to generate

money for 7 generations. If a careful analysis and investigation is

done Umeshwar Pamdey has Black money worth 3 generations. I guess

instead of Lakhs and Carore now corruption should be measured in



Education is important. People need to understand the meaning of

freedom truly. IF I say boldly India is still not free. People have

mentality that they need to pay to Government officials for work. This

mentality has to be removed.






HC suspends judge over corruption complaints



AHMEDABAD: The Gujarat High Court has suspended a fast track court

judge in Rajpipla after receiving several complaints of corruption and

favouritism against her.


Rajpipla fast track court Judge DL Desai was suspended on Thursday

evening after a primary inquiry held by the court's vigilance

department said that the complaints against her had substance. Further

inquiry against her will be conducted by the department. Besides the

complaint of favouritism in Rajpipla, where she was presently posted,

the Desai was also accused of similar charges and issuing certificates

without proper verification in Bharuch, where the she was discharging

her duty as a principal district judge, the High Court authorities



The HC administration seems to be seriously taking the issue of

corruption prevailing in Gujarat's judiciary, as Desai's is the fourth

suspension in last three months. Earlier in May, a judge in Surat's

court, AN Vinjhola was suspended after similar complaints against him.

The court administration also found him in possession of property out

of proportion considering his known sources of income. Last month, two

judges were suspended on charges of corruption. The Ahmedabad city

civil Judge NM Thakor and KV Kakkad were also suspended by the HC

after holding preliminary inquiry into complaints against them.


All the four suspended judges are now facing departmental inquiry.





New Delhi: CNN-IBN's exclusive report on some judges using official

trips to holiday, has sparked off the debate - should judges be above

the purview of the Right to Information (RTI) Act?

RTI activists say there is every reason why the RTI Act should apply

to the higher judiciary as well.

Questions are now being asked in South Block, too, following the

expose on Supreme Court judges.

Records obtained under the RTI shows judges have been converting work

trips to holidays, taking long detours and are accompanied by their

wives while traveling abroad.

At present there are no travel guidelines for the judiciary and the

Bar Council of India is suggesting a course correction.

"I think the judges must pay or should pay the amount to the

government," Bar Council of India Chairman SNP Sinha said in Patna on


Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan's

11-day trip to Pretoria, South Africa in August 2007 the route was -

Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg,

Victoria Falls, where the judge finally didn't go and back to Delhi

via Dubai.

Former chief justice YK Sabharwal attended three conferences in 2005

to Edinburgh, Washington and Paris. While the conferences lasted 11

days, Sabharwal was out for 38 days with 21 days converted into a

private visit.

The travel plan included a detour from Washington to Baltimore,

Orlando and Atlanta, before rejoining the conference route in Paris.

The First Class air fare for Sabharwal's entire trip was paid by the


Activists are now renewing the debate on the RTI act applying to

judges as well

RTI activist Arvind Kejriwal said: "It only underscores why the RTI

needs to be applied to judges and judiciary."

Just like Caesar's wife should be above suspicion, RTI activists are

demanding that SC judges too should be seen to be accountable.

Failure of RTI Act in India

-        In the clutches of corrupt public servants mafia


In the courts of law , every statement to be valid must be supported

by evidences. That too, the statements of public servants / government

officials & their reports in government records are considered as

sacrosanct , the ultimate gospel truth by courts of law.


The corruption has spread it's  tentacles  far & wide in the public

service. The bribe booty is shared by lower to higher officials. If an

official is complained against , his higher official conducts a formal

investigation & reports in the record that lower official is not



The vigilance authorities / Karnataka lokayukta has recently raided on

police , tax officials & seized illegal wealth amounting to crores of

rupees. Take the recent case where in senior IPS officer ,

superintendent of police chamarajanagar , mr.srikantappa was arrested

by Karnataka lokayukta. The victims spoke to media that he used to

threaten them with false cases. In this way , how many victims /

innocents were arrested & tortured by his arrest warrants ? how many

innocents suffered in false cases ? how many rich criminals got scot

free , by srikantappa's filing of B reports leading to closure of

cases ?



In the past how many suffered by srikantappa's actions ? has the court

subjected to review all the previous actions of srikantappa throught

his corrupt career ? if not , why ?


The courts of law has taken the official reports , records of

mr.srikantappa as gospel truth & indirectly aided rich criminals &

harmed innocents. It is the same case with respect to reports of all

government officials – police , labour , tax , etc.  the rich

criminals buy out  government officials & make them write favourable

report about themselves. Whereas the poor , innocents suffer from

adverse reports & injustices. The courts of law takes the government

records at it's face value & meat out injustices to the poor ,

innocents while aiding the rich criminals.


When a commoner requests for information as per RTI Act , the

government officials either give incomplete information , false

information or decline to give information under one pretext or the

other. The officials are damn sure that the truthful information  will

be detrimental to themselves  & will be  taken as evidence against

themselves in the courts of law. So information , truth is not given.

Even information commissions are failing here. Thereby, the public are

denied to seek justice in the courts of law , by lack of evidences.


The courts of law before accepting the records of government

officials , must subject it to a "test of truth". When a government

report is contested against , a fact finding team comprising members

of public , complainant , respondent & the court , must check it out

at the ground level. Orelse when a complainant says that the report of

a government official – police , labour , tax , etc as false that

government official must be subjected to lie detector test , narco-

analysis, ertc by court of law. The questionnaire ie the questions to

be asked during the scientific test are to be prepared with feedback

from both complainant & respondent's side. In that way , impartially

truth can be found out. After all , the objective of courts of law is

"Quest for Truth", not just giving out judgements based on reports of

corrupt officials.


Nowadays , we are even seeing reports of corruption among the

judiciary itself. If a complaint against a judge is made out that a

level ground is not provided to put up one's case in the court or

cross examination of one party is not allowed or lie detector test /

narco analysis of one party is not allowed ( in turn taking the lies

of that party as truth ), the judge making a varied interpretation of

law, the judge not safe guarding the health & life of the complainant

in the custody of police leading to 3rd degree torture of complainant

by police , etc, in all such cases the supreme court of India must

change the presiding judge of such cases , the cases must be

thoroughly reviewed & the guilty judge must be subjected to narco-

analysis , lie detector test , etc & legally prosecuted. In this back

drop , accountability of police & judges to the public ie citizens of

India – kings of democracy , is a must. After all , the kings of

democracy / citizens of India / taxpayers  are the paymasters of all

public servants.


We at e – voice of human rights of watch have utmost respect for the

judiciary & all government institutions. It is the corrupt few in

those institutions who are themselves bringing disgrace to the august

institutions they occupy , by their corrupt deeds. The saving grace is

that still honest few are left in public service & it is an appeal to

them , to legally prosecute their corrupt colleagues.


In India , the private enterprises are the wealth creators of our

economy. However , some private enterprises are violating labour

laws , tax laws , human rights & fundamental rights of people. In turn

harming the public , looting the tax dues. This is creating black

money causing various social evils in the society. These huge private

enterprises take loans from public sector banks ie take public's money

as loans , collect money from public in the form of shares ,

debentures , sell their product to the public. Still , they are not

covered by RTI Act, they don't give truthful information to the public

nor allow public inspection of their sites , why ? they buy out

concerned government officials & gets them to write favourable report

about themselves. There are wide differences between the ground

reality & these government reports. If the aggrieved person , victim

of injustices meated out by these private enterprises , tries to

legally seek justice, these criminal private enterprises buy out

police , concerned officials & fixes up the victim in false cases. The

police in total disregard to law violates the human rights &

fundamental rights of the victim in custody , subjects the victim to

3rd degree torture in custody. The presiding judge of the case doesn't

safe guard the rights , health , life of victims in custody. The judge

doesn't check out the truthfulness of government reports & passes on

judgement making varied interpretation of just remember the case of

"local citizens vs coca cola company" in plachimada , kerala.


Is it not right & just in such cases , to subject the presiding

judge , police , concerned government officialds & most importantly

key officials of that criminal private enterprise to lie detector ,

narco- analysis tests , to know the truth ? is it not right to conduct

the inspection of alleged site , review of all company's records , by

a team comprising of members from public , court , complainant &

respondent ?


Some of these criminal enterprises threaten to finish off the poor

victims . as these company's have money power they can buy out

rowdies , police & capable of doing anything. In such cases , if

anything untoward happens to the victim or his family , are not the

officials of such criminal enterprise liable to pay compensation to

the victims's family or survivors ?


In India , do we truly have democracy & freedom ? is this corrupt

India – what our freedom fighters dreamt of & fought for ?




NEW DELHI: Faced with accusations having the potential to unhinge the

traditional public perception of the judiciary's clean image, the SC

on Monday

decided to examine the possible mode of probe into the Rs 23 crore

illegal PF

withdrawal scam allegedly involving 23 judges, including some from the

HCs and

one from the apex court.


The difficult question on the mode of probe was posed by a petitioner,

who is

the chairman of Advocates Welfare Trust and Bar Association of

Ghaziabad — the

place where the scam took place — even as CJI K G Balakrishnan had

shown faith

in the integrity of the judges by asking the UP police, which is

probing the

scam, to send questionnaires to the judges, whose names allegedly

figured in the



Unwilling to have the judges interrogated by the police at first go,

SC had

written to the UP police that if the response of those judges to the

questionnaire did not satisfy the probe team, then it could send

request for

personal interrogation.


The request for interrogation in person would be considered on merit,

the SC had

told the police in a communication. Appearing for the Bar, senior

advocate Fali

S Nariman flanked by senior advocates Anil Divan and M N Krishnamani


concern over the scandal and also pointed out the possible dent in the

image of

the judiciay if an SHO was seen interrogating a judge.


Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M


appeared undecided about the constitution of a committee as suggested


Nariman, it decided to seek the assistance of solicitor general G E

Vahanvati to

chart out a possible course to deal with the situation.


To keep the proceedings off the media glare, the bench decided to take

up the

matter in chamber on July 14, when Vahanvati and other senior

advocates would

make good their assistance to look for a way out of the problematic



The petition said one Ashutosh Asthana, the Central Nazir in the

judgeship of

Ghaziabad, had allegedly confessed before a magistrate about his role

in the PF

scam and had allegedly mentioned the names of 23 judges who were


of the ill-gotten money.









the four main pillars of democratic setup in india are legislative ,

judiciary , executive & the enlightened citizens . now, one pillar

after the other has started to crumble down paving the way for anarchy

in future. in india there are not much of the enlightened citizens

around.even the few who are there, are silenced by the criminal nexus

while doing their fundamental duties as per the constitution of

india.the rest of the citizens are kept in the dark, denied the

awareness about democratic dynamics , by choking them for information.

in india multi billion dollar defence deals to drainage civil

constuction by the munciapality comes under "official secrets act".

eventhough technically some informations does not fall under the

purview of O.S.A. the ruling elite does not readily share the democracy INFORMATION & THE EXPRESSION are key to it's

functioning .by denying that key to the citizens the ruling setup

alienates them from decision making process .thus, the enlightened

citizens the pillar has been razed down to earth by the ruling elite.



now, the criminalisation of politics has taken place almost completely

in india. those criminals have appointed other criminals to the vital

positions in the government .the criminal nexus of

CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating

the funamental / human rights of crores of indian citizens , robbing

them of their national wealth worth billions. thereby other two

pillars of democracy the legislative & the executive have fallen down.



now, the one & only remaining pillar of democracy in india is the

INDIAN JUDICIARY. it is the angel who provides justice to the

commonners. now, the tentacles of corruption has engulfed the Indian

judiciary too . there are charges against various judges ranging from

bribery ,theft ,practice of untouchability ,false affidavit to murder

.one judge has been accussed of literally running an AUCTION HOUSE OF

JUDICIAL ORDERS in association with the underworld. in that place

everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a

price of course.



it is only due to the pioneering efforts of media these scandals have

come to light .the judiciary has hidden those scandals in a hush hush

manner from the public eye. recently it was reported in " deccan

herald " that a district judge of u.p. was acting as a pimp since

years & supplying mod girls to politicians. in another report it was

stated that a district judge of tamilnadu demanded sexual favours from

a woman to give favourable judgement in a case when she refused to do

his bidding he allegdely tried to rape her. quite recently, there was

a news report about immoral acts of certain high ranking judges in a

resort near mysore. it was indirectly implied that certain wowen

advocates who were selected as judges were returning the favours

immorally to the senior judges (who were in the selection committee) .


i,as a human rights activist have requested various constitutional

authorities to provide information about the misdoings of government

officials , ministers ,judges & godmen. i didn't even receive the

receipt of acknowledgement. i have even tried to file public interest

litigations at the SUPREME COURT OF INDIA ,but to no avail. Even my

requests for information from government authorities including

supreme court of India as per RTI Act was not honoured.



in my crusade seeking justice for all, i have myself suffered numerous

injustices ,my news papers were closed down, i have suffered murder

attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE


COMMISSIONER kept mum, didn't do their constitutional duties inspite

of my repeated requests . thereby, they have violated my human rights

& fundamental rights & have been obstructed from performing my

constitutionally provided FUNDAMENTAL DUTIES.


The courts of justice needs evidences to act upon , the public

servants don't give records / reports which in turn becomes evidences

, the public servants by taking bribe makes falsed biased

interpretation of law , give favourable reports to rich & mighty ( but

false reports ). The courts in turn depending on those false reports

acquits rich & mighty , whereas the poor suffers injustices for being

unable to produce evidences. The courts have the power , authority for

ordering participation of public , aggrieved parties in the

investigation teams enforcing various laws ( thereby the corrupt acts

of public servants can be checked ) , but courts don't excercise that

authority. See how the nexus of corrupt public servants � law

enforcement agencies � judiciary works in India favouring the rich &

subjugating the poor. Ofcourse , there are very few exceptions.


PF SCAM SHAME SHAME CORRUPT JUDGES visit following websites , ,


Office for Profit: A Stink You Should Smell


Former Supreme Court Chief Justice YK Sabharwal was involved in

dubious judicial

deal-making that earned his sons huge profits. So says a group of

engaged and

credible citizens led by former Law Minister Shanti Bhushan. And they


evidence to back their claims. Sanjay Dubey pieces together their case



"The issue of sealing was difficult as on the one hand it was a

question of law

and on the other of the suffering among the people." This is how

Justice YK

Sabharwal, the former Chief Justice of India (CJI), described the


drive that had brought the nation's capital to a virtual standstill

for weeks.

In an interaction with the media on the eve of his retirement in


Sabharwal singled out the Supreme Court's action against Delhi's

shopkeepers as

the most difficult decision he had taken as the Chief Justice. He

elaborated on

why it had become such a huge dilemma for him. "I earned the wrath of


relatives. Yesterday one of my relatives [affected by the sealing

order] told me

sarcastically that I am a big man. I told him I couldn't solve



The anguish with which the former chief justice of India described the


drive as the most difficult decision of his career, however, flies in

the face

of facts unearthed by a committee of equally eminent citizens called


Campaign for Judicial Accountability and Judicial Reforms. The


patrons include such veteran torchbearers of public integrity as

former law

minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani

and the

Supreme Court lawyer Prashant Bhushan.

Documents gathered from many government departments by the committee

cast a

shadow of taint over the actions of Justice Sabharwal who, Shanti

Bhushan says,

"was a very competent judge". (See interview) Contrary to what

Sabharwal said,

the Committee's findings show that far from earning the wrath of his


"the former chief justice has earned the gratitude of his family," as


Bhushan puts it. The documents — perused by TEHELKA — show that


sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit

from their

father's orders. His orders, thus, are against the principles of

natural justice

which say that no judge can hear a case in which he has a personal


According to Shanti Bhushan, instead of excusing himself because of

conflict of

interest, Sabharwal remained the presiding officer of the sealing case

from 2004

till he retired in January 2007.

It all flared up on February 16, 2006, the day then Chief Justice of

India, YK

Sabharwal, passed the order which set in motion the process of sealing


properties being used for commercial purposes in designated

residential areas in

Delhi. The sealing and demolition drive to implement the court order


thousands of small and medium-sized commercial establishments to

either shut

shop or buy or rent premises in malls and commercial complexes.

There were reports of suicides and heart attacks as the government

tried to cope

with a precarious law and order situation in the capital; it had

little choice

but to implement the Supreme Court's (SC) orders. Everything was being

done in

the name of upholding the law — or so it seemed. It now transpires

that even as

Delhi was bleeding, Justice Sabharwal's elder son Chetan and younger

son Nitin,

were breaking the law.

Documents presented by the Committee reveal that at least two

companies owned by

Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) —


operating from their father's private residence, 3/81, Punjabi Bagh,

when the

sealing drive was in full swing. Even more surprising is the fact that

for the

greater part of 2004, Pawan Impex was operating out of 6, Motilal

Nehru Place,

the official residence of Justice Sabharwal, who was then one of the


SC judges. According to documents filed by Pawan Impex with the

Department of

Company Affairs, its registered office was shifted from 3/81, Punjabi

Bagh to 6,

Motilal Nehru Place in January 2004. For the next 10 months, the house

of a

senior SC judge — Sabharwal — was also the firm's registered office.

Documents from the Department of Company Affairs also reveal that on

October 23,

2004, the promoter of one of the biggest shopping malls and commercial


in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited,


inducted in Pawan Impex as a 50 percent shareholder. On the same day,


Impex's registered office was shifted back to its old address in

Punjabi Bagh.

Soon thereafter, Chawla's wife, Anjali Chawla, was also made a

director in the


Sabharwal's sons nurtured ambitious real-estate dreams. And they began


its foundations when they set up a construction company, called


Constructors, on April 8, 2005. An important decision taken by their

father a

few days earlier was going to change both Delhi's and their fortunes.

On March 17, 2005, Justice Sabharwal, who at the time was dealing with

the case

of polluting industries operating in residential areas, ordered that

he would

now also deal with the case of commercial establishments operating


residential areas. Another bench of the Supreme Court had admitted

this case in


In October 2005, another bigwig in the Delhi mall business,

Purushottam Bhageria

of Fargo estates, joined hands with Chetan and Nitin. He was appointed


director in Harpawan Constructors, as was his brother Madhusudan

Bhageria. Soon

after this, Bhageria announced his plans to develop Square 1 Mall in

Saket in

New Delhi. It was touted as one of the largest and most luxurious

malls planned

in Delhi.

In November 2005, Justice Sabharwal became the cji and by February 16,

2006 when

he passed the "most difficult" order of his life to seal the


establishments operating from residential areas, his sons were on

track to enter

the mall and commercial complexes business in a big way, having sewn


partnerships with two of the biggest commercial real estate developers

in Delhi.

The Sabharwals' commercial complex development business took off

thereafter. On

June 21, 2006, Pawan Impex's share-capital increased from Rs 1 lakh to

Rs 3

crore. Then, on September 30, 2006, the Chawlas of BPTP developers

invested Rs

1.5 crore in the company. On August 22, 2006, Pawan Impex was given a


28-crore loan by the Union Bank of India. The loan was secured by

mortgaging the

"plant, machinery and other assets" lying in plots A-3, 4 and 5 in

Sector 125,

Noida. But, in fact, there is no plant or machinery here. Instead, a

huge it

park — Park Centra — worth hundreds of crores is being built by BPTP


Sources in the Noida Authority have confided that these three plots

(A-3, 4 and

5 in Noida's Sector 125) were allotted to Pawan Impex on December 29,

2004 by

the Mulayam Singh government then in power in UP at Rs 3,700/sq.

metre, when the

market price of commercial land here was at least Rs 30,000/sq. metre.


a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68)


allotted to another company owned by the Sabharwals, Sabs Exports, on


10, 2006, at Rs 4,000/square metre. The market price of commercial

plots there

at the time was at least 10 times as much.

These are not the only plots allotted at throwaway prices to the

Sabharwals. On

November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and


measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/


metre, when the market price was many times higher.

TEHELKA has documents which show that a residential plot in Noida's


Sector 44 was allotted to Justice Sabharwal's daughter-in-law, Sheeba


in 2005. It is noteworthy that this plot was part of the Noida

allotment SCam —

wherein plots were allotted to sundry influential people and their


when in fact they were supposed to have been allotted by a random draw

of lots.

An embarrassed UP government cancelled the allotments. The SC for some


immediately stayed the CBI probe into the allotments ordered by the


High Court. It is perhaps also significant that Justice Sabharwal

himself stayed

the publication of the so-called Amar Singh tapes, which were said to

have phone

conversations that showed Singh in poor light.


"Thus, from owning smalltime export-import firms till 2004, the

Sabharwals in

just two years time got into the business of developing commercial

complexes and

appear to be rolling in money," the report by the Committee concludes.

All this

happened when Justice Sabharwal was a senior judge and then the Chief


dealing with the sealing cases and passing orders which stood to

benefit his

sons and their partners.

The continuing good fortune of the Sabharwals can be gauged by their


purchase of a property worth several crores. TEHELKA has a sale deed

of a house

in south Delhi's upscale Maharani Bagh which shows that Chetan and


purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March

2007 from

the heirs of former Law Minister Jagannath Kaushal for a stated

consideration of

Rs 15.43 crore. They gave their father's name as Yogesh Kumar (minus

the surname

Sabharwal) and their office address instead of their Punjabi Bagh



On May 28, the Income Tax department sent a notice to Pawan Impex


details of their business activities, accounts, assets and sources of

funds. But

the legal experts TEHELKA spoke to feel that the matter is more

serious. The

conduct of Justice Sabharwal and his sons appears to involve offences

beyond the

purview of the Income Tax Act.

Legal experts, including Prashant Bhushan, feel that the extent to

which mall

developers funded the asset-acquisition by the Sabharwals needs to be


Several attempts by TEHELKA to contact Justice Sabharwal for his

response to the

charges went unanswered.

The charges made by the committee underscore the need for a National


Commission, an independent body with an investigative arm, which can

look into

complaints against judges. It only stands to reason that the guardians

of the

law come under the purview of the same laws they base their judgements



Justice Sabharwal's Defence Gets Murkier

Senior advocate Prashant Bhushan, part of the eminent panel that


allegations against former Chief Justice of India YK Sabharwal, rebuts


retired judge's rejoinder point by point


Using the strategy of a clever and street-smart defence lawyer,

Justice YK

Sabharwal's defence of the serious charges levelled against him

sidesteps the

inconvenient and emphasises the irrelevant to evoke sympathy. To

examine the

adequacy of his defence, we need to see his defence against the

gravamen of each

charge against him.


CHARGE NO. 1 That his sons' companies had shifted their registered

offices to

his official residence.


SABHARWAL'S RESPONSE: That as soon as he came to know he ordered his

sons' to

shift them back.


OUR REJOINDER: This is false. In April 2007, in a recorded interview

with the

Mid-Day reporter MK Tayal he feigned total ignorance of the shifting

of the

offices to his official residence. In fact, the registered offices

were shifted

back from his official residence to his Punjabi Bagh residence exactly

on the

day that the Business Park Town Planners Ltd (BPTP) mall developers

became his

sons' partners, making it very risky to continue at his official



CHARGE NO. 2 That he called for and dealt with the sealing of


property case in March 2005, though it was not assigned to him. It is

only the

Chief Justice (CJ)who can assign pending cases to various judges. He

was not the

CJ at that time. Justice Sabharwal does not answer this charge.


CHARGE NO. 3 That he did this exactly around the time that his sons

got into

partnerships with mall and commercial complex developers, who stood to


from his sealing orders.


HIS RESPONSE: That they were his sons' friends. That Harpawan

Constructors which

was set up by his sons with the mall developer Purushottam Bagheria

did not do

any business. In fact the courts under him got Bagheria's 1 MG road


demolished. That his sons are not developing shopping malls but only

an IT park.


OUR REJOINDER: If so many mall and commercial complex developers were

his sons'

close friends, then he should not have dealt with the case anyway

since that

creates an immediate conflict of interest. Moreover, why should they

go into

partnership with these developers who stood to benefit from Justice


orders, and that too exactly at the time when he seizes control of the


of commercial property case and starts dealing with it. He says that

the company

set up by his sons in partnership with Bagheria has not done any

business. If

so, why was this new company set up for developing commercial

complexes in

partnership with this builder?


In an interview with Zee News, Justice Sabharwal claims credit for the


under him ordering the demolition of the illegal 1 MG road mall owned


Bagheria. But then why do his sons enter into partnerships with such

an illegal

builder whose buildings have had to be demolished by the Judiciary?


immediately after this partnership with the Sabharwals, Bagheria went

on to

announce the construction of "Square 1 mall" in Saket as the most


mall in India. And all the fashion designers who had their shops and

outlets at

1 MG road went on to buy space in the Square 1 mall.


What is important to note here is that Bagheria and his partners at 1

MG road

had already parted with all the space on 1 MG.The demolition thus hurt


designers and others who had bought shops there, but did not hurt

Bagheria who

may have benefited from it by clearing the land of his tenants and

getting them

to buy space at his new malls in Saket and elsewhere. An IT park is

also a

commercial complex like any other. Many commercial establishments

sealed were IT

centres and BPOs which were forced to buy space in IT parks like that


constructed by his sons and their partners.


CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore

to his

sons' company: Pawan Impex on a collateral of plant and machinery and


moveables at the site of their proposed IT park, which were non-



HIS RESPONSE: That his sons' had a credit facility of Rs 75 crore.


OUR REJOINDER: If that were the case, what was the need for mortgaging

non-existent assets for obtaining this loan? Moreover, the banks'

senior manager

is on record saying that the loan was given on the basis of projected

sales to

prospective customers.


CHARGE NO. 5 That because of the obvious conflict of interest, he

could not have

dealt with this case.


HIS RESPONSE: That his orders have never benefited his sons.


OUR REJOINDER: His orders of sealing lakhs of commercial properties


forced those establishments to buy or rent space in commercial

complexes like

those that his sons' company were constructing; and shopping malls etc


their friends and partners were constructing. There was a clear

conflict of

interest and his orders have clearly benefited his sons and their



CHARGE NO. 6 That a large number of industrial and commercial plots


allotted in Noida by the UP government to his sons' companies, at

prices far

below the market price. In particular, several huge plots were

allotted between

December 2004 and November 2006 by the Mulayam Singh/Amar Singh


while he was dealing with the Amar Singh tapes case, and had stayed


publication of those tapes on the behest of Amar Singh.


HIS RESPONSE: That some of the plots were allotted by earlier


governments. That the prices were not far below the market price. That


allotments were made in the normal course to his sons who were

entrepreneurs and

were providing employment to hundreds of people in Noida.


OUR REJOINDER: The allotments are definitely not in the normal course.

How can

three plots of one acre each be allotted to one company on the same

date? In

fact, these allotments are made at a time when the share capital of

this company

was just Rs 1 lakh and it had no track record of making any IT park or

doing any

business whatsoever. They have been allotted within days of the

application with

no procedure of draw of lots or any other system being followed, other

than a

bogus interview. The rate of Rs 3,700 per square metre was far below

the market

rate, and anybody including us would be happy to buy these plots at

three times

the allotment rate today. The huge plot of three acres, No. 12 A in

Sector 68

(which appears to be carved out later for them) to Sabs Exports in

November 2006

at a throwaway price of Rs 4,000 per square metre is also not in the


course and was similarly made within days of application and a bogus


without any other system. Moreover, the allotment has been made at a

time when

he was dealing with the Amar Singh tapes case and had stayed the

publication of

the tapes. We would be happy to buy that plot too at three times the

price at

which it was given to them.


CHARGE NO. 7 That his sons have purchased a 1,150-square metre house

in Maharani

Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore.

The source

of money for this is unexplained and in the sale deed they seek to

conceal their

relationship with Justice Sabharwal by writing his name as Yogesh

Kumar and

giving their factory address instead of the residential address.


HIS RESPONSE: That 90 percent of the money for the purchase of this

house was

from four banks; that his sons concealed his full name in the sale

deed in order

to avoid taking advantage of their association with him.


OUR REJOINDER: Banks do not normally advance loans of 90 percent of

the value of

a property on its security. Otherwise they would end up holding


security if the property prices fall by even 15 percent. If they have

done so in

this case, it is either because of an undue favour as in the case of

the loan of

Rs 28 crore to Pawan Impex, or they valued the property higher than

the declared

purchase price. His explanation for concealing his name in the sale

deed is

hilarious and unbelievable since his sons did not hesitate to use his


residence as the registered office of their companies. Moreover, this

was in a

registered sale deed with a private party, where there was no occasion


taking any advantage by using his name.


It is therefore clear that Justice Sabharwal is guilty of serious


misconduct and appears to be prima facie guilty of offences under the


of Corruption Act which need to be investigated.





Q1. Why not death sentence to corrupt police who murder people in in

lock-up /

fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree

torture on

prisoners ?

Q3. Why not death sentence to corrupt police , who connive with

criminals &

backstabs our motherland , it's national security ?

Q4. Don't the police have suo-motto powers to take action in the

interest of

public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public

servants ,

industrialists , etc in the media . Then why not police taking any

action with

respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by


functionaries , public servants in the media. Instead of wasting

money , killing

time by prolonging formation of parliamentary committees , judicial


, why not subject those accussed public servants to narco analysis ,

lie deector

test , etc to ascertain truth & provide timely justice ?

Q7. If a commonman files a complaint , police / courts wants

evidences ,

witnesses to take action against the rich & mighty crooks. Where as if

a rich

person just gives a complaint against a poor chap , he is arrested ,


eventhough there are no evidences , witnesses. Why this double

standard ?

Q8. If a poor chap tries to collect evidences as per his fundamental

rights or

as per RTI ACT , the public servants don't give full , truthfull


Still , police / courts don't take action against those public

servants hiding

crimes. Why ?

Q9.why I was not permitted to appear as an "amicus curie" before jain


of enquiry or supreme court of india probing late prime minister rajiv


assassination case ?

Q10. The criminal nexus tried to silence me , by closing my news

paper , by

snatching away my job oppurtunities in government service, by


assaulting me , by threatening me of false fix-ups in cases & by

attempts to

murder me. But no action against culprits , why ?

Q11. Whereas , I was enquired number of times by police & intelligence


about this case , but the culprits were not enquired even once , why ?

Q12.who compensates the losses I have suffered due to these

injustices ? are not

police responsible for it ?

Q13. Is it not the duty of police to protect the lives , livelihood of


& all parties involved , both during case & afterwards ?

Q14. How do you monitor & check corrupt police personnel & increase in


family's wealth year after year ?

Q15. While getting appointed into government service from the rank of

peon to

IAS officer , police verification is mandatory. While appointing to


defense establishments , research institutes in addition to police


, central intelligence agencies cross-check candidate's background.

However is

there no background checks of constitutional functionaries , MPs ,

MLAs , , who

are privy to national secrets ? why ?

Q16. Recently , the opposition parties have made allegations during


allegations that close relative of one of the front running candidates


swindled public money by their bank , misused public money through one

of their

NGO. Is it true ?

Q17.has GOI funded any terrorist outfits in india or abroad ?

Q18.india preaches non-violence , panchasheel principles to the world.

In india

, more than half the population are poor , people are starving to

death. Inspite

these background , GOI funded & aided terrorist outfits in former east


ensuring the creation of Bangladesh , GOI has funded & aided terrorist


like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these


outfits have murdered thousands of innocents in those countries. Are

these acts

of GOI just & legal ? Is not GOI responsible for all those murders of


? has GOI paid any compensation to those victims or their family

mebers ? why

not ?

Q19.within india , to reduce the influence of certain terrorist

groups , GOI has

funded & aided couter terrorist groups , is it right & legal ?

Q20. In Jharkhand , chattisgarh , etc , the government has armed ,

trained &

funded "salwa judum" to counter naxalites. Salwa judum cadres are


innocents just like naxalites. Is this action of government just &

legal ? india, TADA , POTA is being rampantly misused by police. Even

where there

are no problems of terrorism , TADA / POTA is being slapped against

innocents ,

even children. In M.M.Hills of Karnataka state , STF personnel charged


people with TADA on frivolous charges of taking lunch to veerappan ,


dress for the forest brigand, etc. where as the prominent political,

film ,

sports personalities who have links with underworld , anti national

elements &

attended parties hosted by dawood Ibrahim , other dons in gulf

countries , else

where. But these hi-fi people are not charged with TADA / POTA ? why ?

Q22. Film actor sanjay dutt had contacts with underworld & fully

knowing well

the criminal objectives of criminals , hid the dangerous arms &

ammunition in

his home , which were intended for terrorizing public. However mr.dutt

is not

charged with TADA / POTA instead he is charged with illegal possession

of arms

act ( which is normally applied to farmers who use illegal home made

guns to

scare away animals , birds in their farms ). Why this favourable

treatment of

mr.dutt by police ? prosecution ? is this because dutt is politically

mighty &

rich ?

Q23. Law is one & same for all , the public servants, police

interpretes ,

enforces it differentially between rich & poor ? why this

differentiation ?

Q24.recently in Bangalore police nabbed criminals belonging to


criminal syndicate selling duplicate nokia mobiles. Every nokia mobile


with 15 digit IMEI number , this number is also used by police for


criminals. In consumer dispute at consumer disputes redressal forum

Mysore CD

49/05 , nokia company stated that all it's products come with IMEI

number only &

stated that the product in dispute sold by tata indicom dealer M/S


COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI

numbers. Further

nokia stated they don't have any business relationship with either

tata indicom

or it's dealer. However the tata indicom dealer stated that indeed his


are genuine , first hand products , but doesn't have IMEI numbers .

this proves

the dealer in collusion with tata company is selling illegal nokia

mobile hand

sets & cheating the public. These mobiles are evading taxes , as well

as these

are without IMEI numbers best buy for criminal elements who want to

evade police

tracking. What police are doing

Q25. Who , of which rank among police personnel takes the decision to

close a

case ie to file "B" report , when after certain time limit no leads

are found in

investigation ?

Q26. How do you monitor corrupt police personnel , who purposefully

fail to

investigate case properly , so that either the case can be closed with


report or the prosecution fails to prove the case in court ?

Q27. Who among police takes the decision to appeal against the verdict

of a

lower court , when the prosecution fails ?

Q28. Who took the decision , not to appeal against the argentina court


acquitting mr.quatrochi accussed in bofors scandal ?

Q29. Do you treat all the prison convicts same in the prison or does


notorious big time rich criminals get spacious barracks with tv, news

paper ,

adequate food , medical care , etc while small time criminals , poor

are crammed

into pig sty like rooms with 60-70 inmates without any basic

requirements ?

Q30. What is the status of my complaint made to the DG & IG of

police ,

government of Karnataka on 10/12/2004 ? the copies of complaint was

released at

press meet at patrakartara bhavan Mysore on same day, even copies were

given to

police & intelligence personnel ?

Q31. Why no action , reply regarding the complaint till date ?

Q32. Our constitutional frame workers gave legal immunity privileges

to certain

constitutional functionaries , so that they are not burdened with


court cases & can concentrate on their constitutional duties. But


privileges doesn't cover the individual actions of those public

servants like

rape , murder , dowry harassment , tax evasion , misuse of office ,

etc. but

still law enforcement / police department is bound to send request to


ministry seeking permission & home ministry sits over files for

months. This

gives the accussed ample time to destroy evidences. Is it right &

legal ?

Q33. Does legal immunity privileges cover their official actions

alone ? if not

what does it cover ?

Q34. What is the time limit for home ministry to give sanction for the

prosecution of tainted constitutional functionaries ?

Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other


representatives are facing criminal charges ?

Q36. In the past , how many MPs , MLAs , corporators were facing


charges , yearwise since 1987 ? how many of them were eventually

convicted ?

Q37. How many MPs , MLAs , prominent film , sports personalities have


contacts with underworld , foreign intelligence agencies ?

Q38. How many of them have attended frequent parties hosted by

underworld dons

in gulf countries , else where ?

Q39. How many MP , MLA , other people's representatives are wanted by

police in

various cases . but shown in the police records as absconding but in

reality are

attending the proceedings of the house as usual ?

Q40. When did smt. Sonia Gandhi became a citizen of india ? did she

occupy any

public office before naturalization ?

Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or

have a

spouse of foreign origin ?

Q42. Does smt. Sonia Gandhi have citizenship of any other country ?

Q43. Did she occupy any public office while enjoying dual

citizenship ?

Q44. How do you monitor public servants who have spouses of foreign

origin &

while they are on foreign tour , from national security perspective ?

Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?

Q46. What is the status of complaint made by former union minister


swamy alleging that late P.M rajiv gandhi's family received money from


intelligence agencies ?

Q47. In many cases like mass riots involving certain political

parties , when

that culprit party comes to power all the cases involving it's

partymen are

withdrawn by the government orelse prosecution fails to prove it's

case &

prefers not to appeal. Just remember Bombay riot case involving shiv

sainiks &

others , when shiv sena – BJP came to power in Maharashtra , all the


against it's partymen were withdrawn. Are these type of decisions by


just & legal ?

Q48.what damages has been done to india's national security due to

mole in the

PMO, as alleged by former union minister mr.natwar singh ?

Q49. What action by the government ?

Q50. How many Indians are in the custody of police / military in

various foreign

countries ?

Q51. How many foreigners are there in Indian prisons ?

Q52. How GOI is protecting the human rights of these prisoners ?

Q53. Is the government paying any compensation to victims of police

failures ,

fix-ups , , who suffer in jail for years & acquitted by courts upon

finding them

as not guilty ?

Q54. Do you register murder charges / attempt to murder charges

against guilty

police officers who are responsible for lock-up deaths , fake

encounters & 3rd

degree torture ?

Q55. How many cases has been filed since 1987 till date ?

Q56. What action has been taken against guilty police officers , STF


who were responsible for gross human rights violations , 3rd degree

torture ,

lock-up deaths of innocents in forest brigand veerappan's territory ,

based on

justice A.J.Sadashiva commission findings ? if not why ?

Q57. I , as a citizen of india as my "fundamental duty" hereby do

offer my

conditional services to GOI & GOK to apprehend corrupt public

servants. Are you

ready to utilize my services ?

Q58. Police personnel are always in the forefront of containing

crimes , mass

fury , riots , etc. they suffer more & even their family members

suffer threats

from the criminal elements. Do the government provide insurance

coverage to

police & their family members on the lines of defense forces ?

Q59. What is the amount of coverage to a police constable & his

family ?

Q60. Who makes the premium contributions ?

Q61. Do the government provide overtime allowance , food allowance to

police who

daily work beyond 8 hours of duty ?

Q62. Is the government giving any training to police personnel in


interaction , human rights ?

Q63. Is it right to post professionally trained police to sentry ,


duties of ministers ?

Q64. What is the ratio of police personnel to total population in

india since

1987 ?






Q66. Is the forensic science department which conducts narcfo-

analysis ,

lie-detector test , etc under the control of police department ?

Q67. Is it not right to put it under impartial control of NHRC or like

bodies ?

Q68. Is the action of some police officers arranging compromise

meetings &

subtly insisting the poor to tow the line of rich or else face the


, is it right & legal ? this happens mostly in real estate matters.

Q69. Did government make any ransom payments to forest brigand

veerappan during

his various kidnappings ?

Q70. What action has been taken based on revealations by karim telgi


narco analysis about public servants involvement ?

Q71. How many cases of allegations against judges were made in the

media about

misuse of office , criminal acts by judges from munsiff court to

supreme court

of India ? since 1947 till date

Q72. are the enquiry report findings, action taken reports of such


accessible to public ? if not why ?

Q73. what action has been taken against guilty judges ?

Q74. are the guilty judges legally prosecuted in all such cases ? or

has it just

ended with their resignation from services or his superior judge not


him any judicial work ?

Q75. why some high ranking judges are not legally prosecuted for their


doings ?

Q76. are judges above law ? are not everybody equal before law ?

Q77. do the judiciary subject , all the cases handled by accussed /

tainted ,

guilty judges to review , to undo past unjust judgements ?

Q78. how ? if not why ?

Q79. how do the judiciary monitor the net wealth growth of some judges


the wealth in the name of judge's family members ?

Q80. do all the judges file their annual income , wealth statements on


affidavits to the higher judiciary ? defaulters how many ?

Q81. how does the judiciary verifies those statements ?

Q82. is such statements made public , on web ?

Q83. when the judgement of a lower court is turned down by the higher

court ,

what action is initiated against lower court judge for making unjust

judgement &

meating out injustice ?

Q84. when allegations of corruption , misuse of office , etc against

judges are

made , why the accussed – judges are not subjected to tests like "poly

graph ,

lie detector , brain mapping , etc" , in the interest of justice &

truth ?

Q85. judges are not employees of government , so they are ineligible

to be the

members of "Karnataka state government judicial department house


co-operative society". Then how come , many judges including supreme


judges are admitted as members of this society & allotted prime

residential site

worth crores of rupees for a few thousands by the said society at said


– judicial layout , yelahanka , Bangalore ? while the ordinary members


peons , clerks in judicial department are waiting for a site since

years , is

not the whole thing grossly illegal ?

Q86. in more than 70% of cases before all courts in India , central


or state government or government agency is one of the parties. How

many judges

or their family members , have received out of turn , favourable

allotments of

sites , gas agency , petrol pumps , etc by the government ? is not


allotments illegal ? what action ?

Q87. when a person under police custody or judicial custody suffer 3rd


torture by police , is not the judge of the respective court which is


that tortured person's case responsible for it ?

Q88. has the higher judiciary legally prosecuted respective judges &

the police

officers for committing 3rd degree torture , on charges of attempt to

murder &

murder ? if not why ?

Q89. registrar , Mysore district & sessions court , has called for the

candidatures to various vacancies in that court from the public vide

notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish

me the

merit ranking list of selected candidates along with my merit ranking

for the

post of peon.

Q90. registrar , Bangalore city civil court , has called for the

candidatures to

various vacancies in that court from the public vide notification no :

ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list


selected candidates for the post of peon.

Q91. when a person doesn't get adequate food , medical care while

under police

custody or judicial custody , is not the respective judge dealing that


case responsible for it ? what action ?

Q92. how judiciary is monitoring food & medical care to prisoners ?

Q93. numerous accussed persons are suffering in jail under judicial

custody ,

for periods far exceeding the legally stipulated sentence periods. For

example :

a pick-pocketer is in jail for one year , the judge finds him guilty

of offence

& gives him 3 months sentence. What about the excess punishment of 9

months. Is

not the judge responsible for the illegal , excess punishment of the

convict ?

what action against the judge in such cases ?

Q94. numerous innocents suffer in jail for years & finally the judge

finds them

as innocents & acquits them of the charges. What about the prison

sentence , the

innocent has already served ? is not the judge responsible for this

illegal ,

unjust punishment to an innocent ? remedy ? what action against the

judge ?

Q95. does the privileges of judges cover both their official actions &


actions arising out of misuse of office ?

Q96. does the privileges of judges cover both their official actions

as judges &

their personal actions as individuals ?

Q97. are the fundamental rights of citizens supreme or the privileges

of judges

, constitutional functionaries supreme ?

Q98. what is the criteria adopted for promotion of judges ?

Q99. what is the criteria adopted for appointment of advocates from

bar , as the

judges ?

Q100. what is the criteria adopted for appointment of retired judges ,


governors of states , members or as chairman of commissions , etc ?

Q101. how many judges belonging to oppressed classes – scheduled

caste ,

scheduled tribe , other backward classes , minorities & women are

their in

supreme court , state high courts & subordinate courts ? kindly

provide specific

figures .

Q102. what are the legal measures enforced by judiciary , to enforce


accountability of judges & to check corruption in judiciary ?

Q103. are not these measures a failure , looking at present state of

affairs of

judiciary ?

Q104. does the judges arrange for distribution of alchoholic drinks at


official meetings , parties , at the tax payer's expense ?

Q105. does any judges have included their consumption of alchoholic

drinks , in

their hotel bill & claimed traveling allowance ?

Q106. what action has been taken against – selectors ie Karnataka high


judges & newly selected women judges involved in roost resort scandal

in Mysore

, Karnataka ?

Q107. when common people / tax payers & even government employees are


getting proper health care from government at government hospitals. Is

it right

& just to provide premium health care to judges , constitutional


at 5-star private hospitals in India , abroad , all at tax payer's

expense ?

Q108. are the judges subjected to periodical health check-ups to

ascertain their

health , mental faculties & mental balance in the midst of all work

pressures ,

emotional tensions ?

Q109. what is the criteria adopted by judiciary for accepting


seeking public interest litigations ?

Q110. why numerous appeals for PIL by me , were not considered ?

Q111. what is the criteria adopted by judiciary , for appointing

"amicus curie"

in a case ?

Q112. why my appeal to honourable supreme court , to make me as an


curie" in late P.M Rajiv Gandhi's assassination case , was not

considered by the

court ?

Q113. what is the criteria adopted by judiciary , for initiating suo-


action ?

Q114. numerous cases of injustices are reported in the media daily ,


supporting evidences . why not the judiciary take suo-motto action in

all such

cases ?

Q115. legal aid boards pre-judge the cases in the name of taking legal

opinion ,

before providing legal aid to the needy ? is it not needy person's


violation ?

Q116. is not the safety of witnesses , parties in cases responsibility

of the

court , both during hearing of the case & afterwards ?

Q117. is the use of 3rd degree torture by police on prisoners , during


police custody / judicial custody / prison sentence right ? what

action ?

Q118. when the corrupt police officer & government prosecution

advocate together

cover-up evidences , conducts improper investigation intentionally to

fail the

case – to cover-up rich crooks , high & mighty people , what action

judge takes

in such cases ?

Q119. how does the judiciary monitor the wealth growth of police ,


advoctes , tax officials , officials of licensing authorities , to

ensure proper

& fair prosecution of cases against rich & mighty ?

Q120. what are the status of appeals made by human rights activist


to the honourable supreme court of India ?

Q121. corruption is rampant for selection of officers to quasi-


positions like district / taluk magistrates , tax officers , revenue

officers ,

land acquisition officers , etc. how the judiciary monitors over their

quasi-judicial actions ?

Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of


rights watch , do offer my free services to honourable supreme court

of India ,

to apprehend corrupt judges , are you – the honourable court ready to

utilize it


Q123. what are the status of my appeals , sent to the honourable

supreme court

of India , through government of india's on-line grievance system


) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/

2006/80021 ,

DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/

2006/80047 ,

DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/

2006/06704 ,

DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/

2006/80162 ,

DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/

2006/80167 ,

DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 ,

DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/

2006/80193 ,

DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/

2007/00164 ,

DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/

2007/80049 ,

DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/

2007/80082 ,


Q124. the appeals made to the honourable supreme court of India ,

copies of

which are available at following web pages , , , , ,

what are the status of those appeals ?

Q125. in the media , we have seen reports about judges committing

crimes – rape

, attempt to murder , swindling government money , untouchability

practice , the

disrespect to national flag , sale of judicial orders , bail , receipt


monetary gains by way of royalty for books , prime real estate

purchase at

discounted rate , taking round about long foreign tours along with

family in the

name of official work , etc. by this way , judges themselves are

making contempt

of court , constitution of India & citizens of India. How you are

protecting the

honour of the judiciary , constitution of India & citizens of India ?



Q126. Is the government giving any facilities / affirmative actions to

policemen's family as being given to defense personnel , ex-servicemen

& their

families , like preferential site allotment , lpg agency , ration

depot ,

reservation in college admission , soft bank loans , etc ?

Q126. if not , why ? after all , the contribution of police to

national security

is on par with defense forces.

Q127. is not some high police officials addressing their subordinates


singular term , abusing them with vulgar words wrong ?

Q128. is not some police personnel calling public with singular term,


public with vulgar words wrong ?

Q129. is it not the duty of prison authorities to protect the health,

lives of

prison in-mates ?

Q130.what action is taken against police personnel who wrongly charged


innocent person of criminal acts , resulting in his confinement in

jail ,

finally acquitted by court as found to be innocent ?

Q131. is it not right to with hold salary , gratuity , pension to such


police personnel & pay it as compensation to victims of police

failures &

atrocities ?

Q132. does our Indian constitution legally permit a citizen of foreign


naturalized by marriage to an Indian or naturalized by option , to

occupy any

constitutional office ?

Q133. during british rule in india & various other british colonies ,


cases were foisted against our freedom fighters in India & other


colonies. After india's independence what happened to those cases ?

did our

Indian government close all such cases or did it continue with the

prosecution ?

Q134. in how many cases GOI & other state government continued with



Q135. what about the status of cases against shri.netaji subash

Chandra bose ?

Q136. has GOI deported any freedom fighters to Britain or it's

colonies , to

face prosecution after India gained independence ? HAS GOI RECEIVED


FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?

Q.137. the honourable supreme court of India failed provide

information to me as

per my RTI request appeal no : 91 / 2007 in response to your letter

no : F1 /

RTI / A.91 / 2007 dt 13.12.07 , why ?

Q138 . the honourable union home secretary failed to give me

information as per

my rti request , he transferred my application to others , in turn


transferred the application to some others. Finally , complete


information was not given , why ? as the union home secretary has got

copies of

all those replies in response to transferred RTI application , will he

send me a

consolidated reply to my present RTI request ?

Q139. in a high profile case before the honourable delhi high court ,

we have

seen how defense advocate mr. R.S.ANAND & prosecution advocate mr.

I.U.KHAN made

a secret pact to win the case in favour of rich criminal , totally


prosecution witnesses , evidences & prosecution stand , totally making


of justice system . how you are ensuring the delivery of justice ,

there being

numerous such advocates in practice ?

Q140. Smt. Sonia Gandhi is person of foreign origin , she wields

enormous clout

more than the Prime Minister himself over the government of India

being the

chair person of UPA. Is she legally permitted to summon confidential


records , minutes of the cabinet , to hold the cabinet meeting of


ministers ?

Q141. As per law , is she permitted to hold constitutional offices

like prime

minister of India or president of India , etc ?

Q.142. What are the fundamental rights of a citizen guaranteed under


constitution (Article 21) ?

Q143. What are the privileges conferred on legislators &

parliamentarians by the

constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries,


a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned

constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed

by the

constitution, above the privileges of the constitutional functionaries

or equal

or below ?

Q149. Can the Indian legislatures & parliament be equated to the House


commons in England which is considered to be a superior court and

court of

records ?

Q150. Can the division of powers, namely the legislature, the

executive and the

Judiciary, be equated to the functioning of the House of commons and

House of

Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of

the House

or court and causing contempt of the house or court by raising the

issues of

accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent

or to

nullify the Judicial orders with respect to wrongdoings by peoples

representatives & executive ? does not it amount to infringement of


powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than


duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national


in the name of constitutional duties, behind the legal veil of

official's secret

act & go unaccountable for his actions and go unpunished by his legal



Q155. Are the Legislators members of parliament, High court & Supreme


Judges and other constitutional functionaries not willing to codify


privileges for the reason that if codified their privileges would be


and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats

in the

legislature and Parliament out of tax payer's money, they get their

pay, perks &

lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is


(More valid) or a seat of legislator or parliamentarian is above or

more valid

in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed

by voters /

tax payers. Out of tax payers money, they get their pay, perks & lead


luxurious lifestyles. Hence, whether the vote of a citizen,

fundamental duties

of a tax payer is above (more valid) or a seat of judge /


functionary is above (more

valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to

fill up

that vacuum till such time that the legislature or parliament acts

provide a

solution by performing its role by enacting proper legislation to

cover the

field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a

Judge in

his own cause, is it not worse for the members of the legislature and


to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or

Justice to

a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto

action with

respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting

public, as

the Public Interest Litigation" ? In some cases, the Public or the


representing them is unable to afford the high cost of the case. Why

not free

legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal

aid ?

Q164. Communication – free flow of information is the lifeline of a


Why the constitutional functionaries are not honouring the Right to


of Citizens ?

Q165. Recently , while assuming office as honourable chief justice of


, justice. P.D.DINAKAR , gave a blanket withdrawal of all internal


enquiries against approximately 200 judges , is it just & legal ? give

me the

names of accused judges & description of charges against them ?

Q166. does it not show that judges are more equal than others ?

Q167. who are involved in PF scam ? what action against guilty

judges ?

Q168. Why you did not give information to me as per RTI Act inspite of

appeal ?

refer. F1/RTI/A91/2007.


History of Corruption in Indian Judiciary since Independence: 1947 -



1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges &

Constitution Framers: Our Fore-Fathers represented by Constituent

Assembly of India framers of Constitution of India then in 1949 (year

before Consitution came into existence) impeached Mr. Justice Sinha;

finding him "guilty of improper exercise of Judicial functions, the

cumulative effect of which was to lower the dignity of his office and

undermine the confidence of the public in the administration of

justice…" [008.07].

Such/ similar acts/ behaviours by whom-so-ever including Judges is

since 1971 is covered as an act of Criminal Contempt of Court [041.05

]. Not a single Judge is either Impeached or hauled-up for Contempt

till 1991.

Peoples' Inner Hope Courts to maintain their Majesty & Dignity will

prosecute 1000 Judges in context, who have tarnished & undermined the

Fair image of Judiciary.

Let Judges relish Jail for months if not years ; to asses personally

the convinences-N-comforts provided even to innocent citizens or

persons who were not having Rs. 100 to give as Bail. Then they will be

in better position to Transform Jails into Reformation Centres.

Jailing corrupt Judges by Judges , we hope will instill confidence of

people in Courts & law. Who-is-who of India then only will scare to

get into any scam nor Criminals will think of becoming Legislators.

1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India

permitted Central Bureau of India to file case of Dis-proportionate of

Income / wealth against Chief Justice Madras High Court Mr. K.

Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years

elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]

1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K.

Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty

of several charges. Supreme Court of India also upheld guilty of 3-4

charges ; & recommended to Parliament for further action.

Parliamentarians failed in their Duty to Impeach the Sitting Judge of

Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of

Eminent Constitution makers ; but chose to have unholy alliance with

Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].

Supreme Court which upheld Charges of Mis-Behaviour also , we opine ,

failed to prosecute him under Contempt of Court Act & relevant Laws .

It also failed " To Do Complete Justice" by invoking Article142 .

Criminal Judge was allowed to go scot-free; both by Parliament &

Supreme Court !

Good precedent for other Judges ? If so What kind of message to

we-innocent-Citizens ? For almost complete proceedings in SC &

Parliament: [008.00 ]

1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High

Court was forced to resign in 1995 after it was found that he had

received Rs.70 lakh as book advance from a publishing firm known to

have links with the underworld.

1996 AJIT SENGUPTA: The Calcutta High Court judge made it a

routine to issue ex parte, ad interim stay orders on anticipatory bail

pleas from smugglers having links with the Mumbai underworld. He was

arrested in 1996 for FERA violations after retirement

1994 to 1997: A.M. AHMADI: When he was Chief Justice of India

(October 1994-March 1997), his daughter, a lawyer in the Delhi High

Court, caused eyebrows to be raised for getting "special" treatment

from certain judges. When some members of the bar sought a resolution

banning lawyer relatives of judges from staying in the same house, the

CJI got members to defeat the motion.

2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of

using his position to get the subordinate judiciary to rule in favour

of his wife and mother-in-law in a suit that had been barred by

limitation for two decades.For more: [049.05] [049.05A] [049.05B]

[049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram

Jethmalani's " BIG EGOS, small men ". (b) Supreme Court , while he

was CJI,directed a CBI probe after a dispute arose over his age in

2000. The investigation report was not made public.This arose due to

scan copy published in Ram Jethmalani's " BIG EGOS, small men ".


In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that

a deputy registrar of the Rajasthan High Court had sought sexual

favours for himself and for Justice Arun Madan to "fix" a case in her

favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS:

A committee set up by former CJI G.B. Pattanaik found prima facie

evidence against Madan, who does not attend court anymore. Judge


CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought

the help of disgraced PPSC chief R.P. Sidhu to ensure that their

daughters and other kin topped examinations conducted by the

commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh

STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh

have resigned M.L. Singh continues, though no work is allotted to him.

2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November

3, 2002, three judges of the Karnataka High Court, along with two

women advocates, allegedly got involved in a brawl with a woman guest

at a resort. The police arrived but reportedly didn't take action.

Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah

.STATUS: The three-judge inquiry committee appointed by the CJI filed

its report. Gave clean chit.

March 2003 - Delhi High Court Judge resigns: Suspected of collusion

with Property Developers. Raids by CBI on corrupt higher officials in

Delhi Development Authority (DDA), found Draft Judgement-N-Court



E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is

ultra vires Article 14 of Constitution of India: " The State shall not

deny to any person equality before the law or the equal protection of

the laws within the territory of India"

Following Questions / Issues, inter alia , arise


( a ) Enquiry in-camera was held contrary to the observations made by,

Constituent Assembly of India in 1949. In its' Impeachment Order had

held thus:"While we are alive to the desirability, in the interests of

the public, of investigating charges against a Judge in open court, we

held the Enquiry in-camera in view of the allegation made in the

affidavits and the circumstances of the case. This mode of proceeding

should not, however, be regarded as a precedent." [008.07 ].

( b) In the case of similar In-House Inquiry held under the Orders of

Chief Justice of India in Jusice V. Ramaswami's case , Justice

Ramaswami had held that " Inquiring Committee" as well as " Inquiry"

have no basis & force of law. It is reflected in the Report , which

was read-out by CJI to Advocates & publicised , submitted by 3 Judges

Committee thus" Indeed Justice Ramaswami had made it clear to the

Chief Justice that he did not recognise any such Jurisdiction in any

body or authority."

(c) It will not be out-of place to mention here that Two of "Three

Judges Committee " appointed by CJI in Re. V. Ramaswami's case are

alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like

Criminal investigating another criminal .

( d ) If so how sure can we be that " 3 Judges Committee " appointed

to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were

above Board & have presented an accurate Report ?

Queries to Supreme Court , Parliament of India & Central Government

In Re. Judges' Mysore Sex Scandal

( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee

" ( all & sundry material); morefully to know whether any evidence

adduced by many in support of Scam is informed to CJI & Supreme

Court ?

(b) What is the Guarantee that despite prima facie evidence Judges of

Supreme Court which consists of Few corrupt Judges seved in Karnataka

are not inclined to take stern action ?

(c) Investigation of a Crime comitted by Minister or anyone lies

within Executive Domain like the case Justice K.Veeraswami, in this

case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars

of Constitution " ?.

(d) How long will you try keeping suppressed Crimes of Judges of

Supreme Court & High Courts when Union Law Minister Mr. P. Shiva

Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA

violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice

Of India Justice E.S. Venkataramaiaha admits that "in every High Court

there are 3-4 Judges who are out every evening to Party in Foreign

Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179

) [041.09].

(e) 20% of Judges are corrupt , indirectly said Chief Justice of India

Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges

of India are not corrupt & are above board to be bribed or influnced ?

Then why cases are not filed against 20% of Judges ?



India Together: New law needed for witness protection, from Volume 4,


1, of Combat Law





New law needed for witness protection

There is an urgent need to bring forth a bill of right to preserve


protect victims' and witnesses' rights, and due process. This is


to ensure that such persons participate in the legal process without


so that justice can be assured, says H Suresh.


Combat Law, Vol. 4, Issue 1 - On 8th August 2003, in the case of


Human Rights Commission v. State of Gujarat, the Supreme Court


that "no law has yet been enacted, not even a scheme has been framed

by the

Union of India or by the State Government for giving protection to


witnesses." Later on in the case of Zahira v. State of Gujarat, while

transferring what is known as the Best Bakery Case, to Mumbai by its


dated 12th April, 2004, directed: "The State of Gujarat shall also


that the witnesses are produced before the concerned court, whenever


are required to attend them, so that they can depose freely without


apprehension of threat or coercion from any person. In case any

witness asks

for protection, the State of Maharashtra shall also provide such


as deemed necessary, in addition to the protection to be provided for

by the

State of Gujarat."

Between August 2003 and April 2004, neither Gujarat nor Maharashtra


framed any witness protection scheme. The Supreme Court itself did

not spell

out any guidelines for witness protection in either of these two

cases. The

erstwhile trial in Gujarat was an 'over-hasty stage-managed, tailored


partisan trial.' The worst culprit was the State of Gujarat itself

and all

its agencies. The censure and the reprimand, were all directed

against the

State and its modern day Neros. "When fences start to swallow the

crops, no

scope will be left for survival of law and order or truth and


Public order as well as public interest become martyrs and

monuments." It is

unfortunate that the State of Gujarat itself was entrusted with the

responsibility of protection to the witnesses, as the case stood


to Maharashtra. The witnesses now are in the same predicament as

before, in

the re-trial that is going on in Mumbai.

It is said that, in India, in most of the cases involving rich


persons or corrupt politicians, crucial witnesses turn hostile,

making the

rule of law, a mockery. Very often witnesses become untraceable.


they are just eliminated.

Recommendations by Commissions

The Law Commission in its 14th Report (1958) referred to

'witness-protection', but that was in a limited sense. That related


proper arrangements being provided in the Courthouse, the scales of

travelling allowance, their daily allowance etc. The National Police

Commission Report (1980) again dealt with the inadequacy of daily


for the witnesses, but nothing more. The 154th Report of the Law


1996 contains a chapter on Protection and facilities to Witnesses.


recommendations mostly related to allowances and facilities to be


available for the witnesses. However, one of the recommendations was:

"Witnesses should be protected from the wrath of the accused in any

eventuality", but, again, the Commission did not suggest any measures


the physical protection of witnesses. The 178th Report of Law


again, referred to the fact of witness turning hostile, and the

recommendations were only to prevent witnesses from turning hostile.


Report suggested an amendment to insert S.164 A to the Code of


Procedure, as under:

164 A (1) Any police officer making an investigation into any offence

punishable with imprisonment for a period of ten years or more (with


without fine) including an offence which is punishable with death,

shall in

the course of such investigation, forward all persons whose evidence


essential for the just decision of the case, to the nearest

Magistrate for

recording their statement.

(2) The Magistrate shall record the statements of such persons

forwarded to

him under sub-section (1) on oath and shall keep such statements with


awaiting further police report under Section 173.

(3) Copies of such statements shall be furnished to the investigating


(4) If the Magistrate recording the statement is not empowered to


cognizance of such offence, he shall send the statements so recorded

to the

magistrate empowered to take cognizance of the case.

(5) The statement of any person duly recorded as a witness under sub-


(1) may, if such witness is produced and examined, in the discretion

of the

court and subject to the provisions of the Indian Evidence Act, 1872,


treated as evidence.

No Government has accepted this. The latest is Malimath Committee


which contains a casual statement that a law should be enacted for


protection to witnesses and their family members, without specifying


provision or scheme whatsoever.

It is ironic that draconian laws like Terrorist and Disruptive


(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,

provided for

protection of witnesses. The prosecution as also the Court could

direct that

the identity and the address of the witness be kept secret. The Court


even avoid the mention of the names and addresses in its order or


It is generally perceived that these provisions were incorporated not


any concern for the witnesses, but to prevent the accused from

preparing an

effective defence and to deny fair trial.

In India, in most of the cases involving rich influential persons or


politicians, crucial witnesses turn hostile, making the rule of law,




Under S.151 and 152 of Indian Evidence Act, 1872, victims and

witnesses are

protected from being asked indecent, scandalous, offensive questions,


questions intended to annoy or insult them. Otherwise, there is no


provision for protection of witnesses, as against threats,

intimidation or

any inducement whereby they are prevented from telling the truth.


often, when an accused is released on bail, one of the terms and


imposed by the Court on the accused, is that he shall not tamper the

evidence, or approach the witnesses. This, again, is not as a

provision for

protection of the witnesses, but only to ensure the trial is not


infructuous. Judges also hold in-camera trials to ensure deposition


witnesses without any fear or embarrassment. Recently the Supreme

Court has

permitted recording of evidence by video-conferencing. All these are

inadequate without a specific legal provision guaranteeing protective

measures to victims before the trial and also after the trial.

International Laws

Under the English law, threatening a witness from giving evidence, is

contempt of Court. So also any act of threat or revenge against a


after he has given evidence in Court, is also considered as contempt.

Recently the U.K. Government has a law known as Criminal Justice and


Order Act, 1994 which provides for punishment for intimidation of


S.51 of the Act not only protects a person who is actually going to


evidence at a trial, but also protects a person who is helping with

or could

help with the investigation of a crime. Under a similar law in


Crimes Ord (Cap 200) HK, if the threat or intimidation is directed

even as

against a friend or relative of the witness, that becomes a



In the United States, the Organised Crime Control Act, 1970 and later


Comprehensive Crime Control Act, 1984 authorised the Witness Security

Program. The Witness Security Reform Act, 1984 provides for

relocation and

other protection of a witness or a potential witness in an official

proceeding concerning an organised criminal activity or other serious

offence. Protection may also be provided to the immediate family of,

or a

person closely associated with, such witness or potential witness if


family or person may also be endangered on account of the

participation of

the witness in the judicial proceeding.

The Attorney General takes the final decision whether a person is


for protection from bodily injury and otherwise to assure the health,


and welfare of that person. In a large number of cases, witnesses

have been

protected, relocated and sometimes even given new identities. The


assists in providing housing, medical care, job training and

assistance in

obtaining employment and subsistence funding until the witness


self-sufficient. The Attorney General shall not provide protection to


person if the risk of danger to the public, including the potential

harm to

innocent victims, overweighs the need for that person's testimony. A


program is in Canada under Witness Protection Act, 1996. The purpose

of the

Act is "to promote law enforcement by facilitating the protection of


who are involved directly or indirectly in providing assistance in


enforcement matters" [Section 3]. Protection given to a witness may


relocation, accommodation and change of identity as well as

counselling and

financial support to ensure the security of the protectee or to


his becoming self-sufficient. Admission to the Program is determined

by the

Commissioner of Police on a recommendation by a law enforcement

agency or an

international criminal court or tribunal [Sections 5 and 6]. The

extent of

protection depends on the nature of the risk to the security of the


the value of the evidence and the importance in the matter.

The Australian Witness Protection Act, 1994 establishes the National


Protection Program in which (amongst others) the Commissioner of the

Australian Federal Police arranges or provides protection and other

assistance for witnesses [Section 4]. The witness must disclose a

wealth of

information about himself before he is included in the Program. This

includes his outstanding legal obligations, details of his criminal


details of his financial liabilities and assets etc. [Section 7]. The

Commissioner has the sole responsibility of deciding whether to

include a

witness in the Program.

The Witness Protection Act, 1998 of South Africa provides for the

establishment of an office called the Office for Witness Protection


the Department of Justice. The Director of this office is responsible


the protection of witnesses and related persons and exercises control


Witness Protection Officers and Security Officers [Section 4]. Any


who has reason to believe that his safety is threatened by any person


group or class of persons may report such belief to the Investigating

Officer in a proceeding or any person in-charge of a police station

or the

Public Prosecutor etc. [Section 7] and apply for being placed under

protection. The application is then considered by a Witness


Officer who prepares a report, which is then submitted to The


[Section 9]. The Director, having due regard to the report and the

recommendation of the Witness Protection Officer, takes into account


following factors, inter alia, [Section 10] for deciding whether a


should be placed under protection or not:

The nature and extent of the risk to the safety of the witness or



The nature of the proceedings in which the witness has given evidence

or may

be required to give evidence.

The importance, relevance and nature of the evidence, etc.

In European countries such as Italy, Germany and Netherlands, the


Protection Programme covers organised crimes, terrorism, and other


crimes where the accused already know the witness/victim.

It is ironic that draconian laws like Terrorist and Disruptive


(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,

provided for

protection of witnesses.


A comprehensive witness protection programme is in the Philippines.


law, the Witness Protection Security and Benefit Act, aims to protect

witnesses and grant them certain rights and benefits to ensure their

appearance in investigative bodies/court. Protection is given to


in cases involving grave offences. Sometimes protection could be

given to a

person who has participated in the commission of a crime but desires

to be a

witness for the State (such as approvers). Before a person is


protection under this Act, he/she shall first execute a Memorandum of

Agreement with the Secretary of Department of Justice, which shall

set forth

the witness' duties and responsibilities such as, but not limited to,



To testify before and provide information to all appropriate law


officials concerning or arising from the activities involved in the



To avoid the commission of a crime;

To take all necessary precautions to avoid detection by others of the


concerning the protection provided him under the Act;

To comply with legal obligations and civil judgements against him;

To cooperate with respect to all reasonable requests of off1icer and

employers of the Government who are providing him protection.

To regularly reform the program officials of his current activities



To comply with such other conditions as may be imposed by the

Secretary of


Once a person/witness has been accepted under the witness protection

program, he/she shall have the following rights and benefits:

To have a secure housing facility or, when circumstances warrant, to

relocation and/or change of personal identity at the expense of the


To have a means of livelihood and financial assistance from the

Program for

his support and that of his family.

Not to be removed from or demoted in work provided his/her employer


notified through a certification to be issued by the Department of


Further, he/she shall be paid his/her equivalent salaries or wages

corresponding to the number of days of absence.

To be provided with reasonable travelling expenses and subsistence


To be provided with free medical treatment, hospitalisation and



If a witness is killed because of his participation in the Program,


heirs shall be entitled to a burial benefit of not less than Ten


Pesos P10,000.00 exclusive of any other benefit he may be entitled

under the


In case of death or permanent incapacity, his minor or dependent


shall be entitled to free education from primary to college level in


state or private school, college or university as may be determined

by the

Department of Justice. However, if the witness covered by the scheme


or refuses to testify, he would be liable for contempt and also for


if he testifies falsely or evasively.

International Criminal Court

The need for setting up separate victim and witness protection units

in the

trial of mass crimes has been acknowledged in the setting up of

international tribunals to deal with them. The International Criminal

Tribunal for Rwanda has formulated rules for protection of victims


witnesses. Similar provisions exist in the Statute for the creation

of an

International Criminal Court (ICC). In most of the cases, witnesses

are the

victims of the crime. And the most vulnerable amongst them are women


children. Under the existing system they are mere pawns in a criminal


and there is very little concern for protecting their real interests.


protection is necessary so that there is no miscarriage of justice;


protection is also necessary to restore in them, a sense of human


which stands shattered in a situation like Gujarat carnage.

The Declaration of Basic Principles of Justice for Victims of Crime


Abuse of Power was adopted by the United Nations General Assembly in

resolution 40/34 of 29 November 1985. According to the first

paragraph of

this declaration, victims of crime are described as persons who,

individually or collectively, have suffered harm, including physical


mental injury, emotional suffering, economic loss or substantial


of their fundamental rights, through acts or omissions that are in


of criminal laws operative in Member States, including those laws

proscribing criminal abuse of power. It is they who need protection.

Urgent Need for a Law

As it is, as we have seen in Best Bakery case, the person who is most


to suffer is Zahira, herself. She had seen the crime; she had seen


criminals, but when time came for her to be bold enough to depose

before the

Court, she found that she was in an atmosphere which was wholly

hostile to

her - the prosecutor, the defence lawyer, the accused, the supporters

of the

accused - perhaps the judge whom she was not sure of. The trial

became a

mockery. Later on, when she was resurrected by the efforts of well-


N.G.Os, and the Supreme Court transferred the case to Mumbai,


there was a feeling that justice will be done to the victims.


she is again caught in the same quandary. So, again she becomes a


witness, liable for perjury and also liable for contempt of court. Is


any legally just and fair solution for this conundrum of these events?

Protection is also necessary to restore a sense of human dignity


stands shattered in a situation like Gujarat carnage.


Therefore, there is an urgent need to bring forth a bill of right to

preserve and protect victims'/witnesses' rights, justice and due


Such a bill should include the following: To be treated with


respect, and dignity, and to be free from intimidation, harassment,


abuse, throughout the criminal justice process.

To be informed, upon request, when the accused or convicted person is

released from custody or has escaped.

To be present at and, upon request, to be informed of all criminal

proceedings where the accused has the right to be present.

To be heard at the time of the granting of bail to the accused and


To confer with the prosecution, after the crime against the victim

has been

charged, before a criminal court.

To receive prompt restitution from the person or persons convicted of


criminal conduct that caused the victim's loss or injury.

To be heard at any proceeding when any post-conviction bail from


custody is being considered by a competent court of law.

To a speedy trial and prompt and final conclusion of the case after


conviction and sentence.

To frame rules and provide for a witness protection programme which


remain in force not only before the trial, but also thereafter. The


should also provide for recording of evidence of such witnesses,


on filing the charge-sheet, de-bene-esse-, while the rest of the

trial could

be held in due course. Since tele-conference has been recognised,


witnesses could be examined and cross-examined through tele-


methods. AND above all,

To be informed of victims' constitutional rights.

H Suresh

Combat Law, Volume 4, Issue 1

April-May 2005

(published May 2005 in India Together)

H Suresh is a retired judge of the Mumbai High Court.




In the 7 year old jessica lal murder case , all the accussed –

children of rich & mighty have gone scot free , for lack of both

prosecution & witnesses. The culprits have forced the witnesses to

remain silent through the use of muscle & money power. The

investigating police official, from the beginning has done roughshod

work & also have played a role in silencing witnesses. I.O MORE RICHER

NOW? PROMOTIONS? The presiding judge of the court has overlooked many

omissions & commissions by the prosecution and in a hurry closed the

case , acquitting all the accussed. Reward for judge – promotion as

high court judge. In this way, the police-prosecutor-judge were

together ganged up against the victim from the beginning. Also, the

witnesses were afraid of brute muscle power of rowdies & rowdies in

khaki uniform.

Now, take the gujarath riots case. In the first place riot took place

under the active patronage of gujarath state government machinery.

Naturally the police , prosecutors & judges in gujarath were against

the riot victims & closed one case after another, acquitting the

guilty. However the apex court got transferred riot cases out of

gujarath , under public pressure. However, even the apex court failed

to instill confidence , in the prime witness of best bakery case , the

apex court failed to positively reassure the witness of her safety &

livlihood. As a result , out of fear she became hostile- went on

changing her statements.

In this manner, numerous low profile cases involving commonman are

buried , witnesses silenced by the corrupt nexus of police-prosecutor-

judge. They don't even draw media attention as they are low profile.

Drastic reforms of criminal justice system in india is needed.

Punishing the hostile witness is not the solution. Accountability of

investigating officers , police , prosecutors & judges is

come some police officials , public prosecutors & judges are leading

luxurious lifestyles, beyond the scope of their legal income?

Recently in the media there was mention of a C.D of alleged

conversation between samajvadi party M.P mr.amar singh & U.P chief

minister , about influencing a high court judge & fixing a case. This

is the way our judiciary functions in india. Rewards for corrupt

judges – out of turn promotions, post retirement postings , postings

to kith & kin , land allotments , etc.

Accountability of judiciary & investigating agencies is the need of

the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC

PROSECUTOR & JUDGE of jessica lal murder case.


Reproduced from The Times Of India August 16, 2007 page10

We do frame people, says NCB official

Sub-Inspector Tell HC How They Plant Drugs On Innocents

Abhinav Garg / TNN

New Delhi:It's been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.

Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What's more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.

Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.

The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.

The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.

The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.

The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was'nt heroin but just parecetomal.

After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.

The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with "field testing kit" to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and  that officers also changed the actual recovered substance with banned contraband.



 Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313
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