Editorial : When a Judge Himself Commits Crime, When a police himself robs, Murders …

Constable Prakash says that normally if one admits his fault, in cases such as this, no re - examination of DE is necessary.

However, Constable Prakash thought there was no use pursuing the path of law to get his VRS from an Officer like K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours: (1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To grant permission for the VRS.

After making this payment of Rs. 25,000, the Constable Prakash was happily waiting at his native place for VRS permission. However, after two months, to his utter shock he received a notice about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.

He rushed to Kolar and met the Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told: “Okay, I will see. (Aayitu Noduva)”

On further pleadings from the Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with his head and eyes pushing the paper towards the Constable to see the figure.

Since the Constable found the new demand too much for him to bear, he decided to retaliate. He knew there was no use complaining to the Kolar Lokayukta which could not trap this corrupt SP three times earlier on others' complaints. So Constable P. P. Prakash straight away went to Bangalore and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend to complaints promptly in confidence without any delay.

He knew, speed is the secret of success not only in love and war but also in Lokayukta operations. He immediately called another smart officer, Superintendent of Police (SP) Madhukar Shetty and lo and behold the operation was successful.

Prakash, the Constable, says that the Kolar SP had his moles in his office keeping an eye on the Lokayukta complainants and officers who may be around. In case of suspicion, information was passed on to him and the SP will not see such visitors.

Hence, this time the Bangalore Lokayukta got smart. Waiting at the SP's door to see him was a burqaclad lady Constable and a Police Sub - Inspector disguised as a Muslim with full makeup, wearing a beard hired from a clothier to dramas.

One more person was also there with bandages, dhoti and chappals who would see the SP only after his "Doddavaru" (elder) came there. Thus there was absolutely no room for suspicion for the Policemen on duty at the SP’s door. Since Prakash was already known, he was allowed in.

During the course of conversation, the Superintendent of Police K. P. Puttaswamy, alert and smart, told his supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave the cover with the money inside, as pre - arranged by the Lokayukta. Puttaswamy instinctively stretched his hand to receive it but quickly withdrew, lifted a file, placed it on the table and asked Prakash to keep the cover below the file. The latter obliged. However, while handling the file Puttaswamy unknowingly touched the cover to push it properly under the file.

“I will call the GSA and get the file and ask him to do the needful”, said the SP who did not forget to speak aloud “Beda” (Don’t want) all the while taking care not to touch the cover or money. But to his bad luck he had already touched the cover, though unknowingly, rather accidentally.

Well, when Prakash came out, the Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in newspapers.

And indeed the complainant P. P. Prakash did teach his corrupt boss a lesson which the people of our State think will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no. Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand transporter against whom a charge sheet was filed.The sand transporter wanted Srikantappa to help him by filing a “B” report to the Court (“B” report is one where Police investigate the case and then file a report to the court saying there is no substance in the complaint or there is no prima facie case as such). The case will then be closed.

Interestingly, the same K. P. Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P. Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience of his boss. Therefore, no matter how many Police officers the Lokayukta catches, it would be business as usual for these government officers including those of the IAS, IFS and IPS class.

It is said habits die hard. These two officers are from the Karnataka Administrative Service (KAS) who rose to the rank of IPS after years of service in the lower rank. It is universally known corruption at the lower level in the Police force happens on a daily basis and therefore even after the elevation to the IPS, the habit must have continued, sometimes consciously and sometimes unconsciously, as if it is a natural part of the job. Habits indeed never die.

At another level, it is not as if those who enter service directly from IPS are not corrupt. If only a honest and aggressive investigation is made into the wealth amassed and properties acquired by these officers (including the benami angle), one will find a can of sinister worms crawling all over the place. While a Police Constable may collect on a daily basis a few hundred rupees and on occasions a few thousands, these IPS officers (exceptions apart) make a killing in one deal and like the Python which after swallowing an animal lies languidly for months, these officers strut around with an aura of honesty, till the next victim comes by.

Be that as it may, the point to ponder is whether the government’s recruitment policy, specially in departments like Police, Excise and Revenue, needs to be changed to ensure the kinds of B. Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case they are recruited they must be dismissed from service if caught red-handed and found guilty, rather than merely suspending them, only to be reinstated later or let them off with minor punishment.

Just as in cases of rape or murder, the law relating to bail in cases of corruption too needs to be changed. The present law relating to bail for these offences seem to be very liberal and lax. When a person is sent to Judicial Custody, he is in jail only for a few hours. Soon he is shifted to a hospital under legal rigmarole and manipulation. Well, why not call it 'hospital custody' instead of “Judicial custody”?

Politicians, higher officials and the rich should be discouraged by the law courts from getting this "hospital custody". Consider this: a politician is arrested for some misdemeanour or offence. He is found in the pink of health at the time of his arrest. But suddenly when he is produced before the court, he feigns illness of severe nature like chest - pain, high blood pressure or even unbearable back ache. Next, we see him being taken to a super - specialty hospital ward in the name of judicial custody instead of being treated in the prison. The same has happened in the case of K. P. Puttaswamy too.

Indian Express dated 1st December, 2009 reported: "While in Kolar jail, he (K. P. Puttaswamy) reportedly complained of chest pain and was taken to hospital. Puttaswamy was later shifted to Jalappa Hospital at midnight and admitted in the VIP ward." A mockery of law and justice. A show of solidarity by the jail authorities and the doctors!

Considering the all - pervasive corruption in the Police Department, I have a lingering suspicion that most of the missing cases, murder cases, robbery cases, rape cases etc. are not detected at all, simply for the reason of corruption. Filing false complaints or threatening to file false complaint is another ploy employed by the Police. As a journalist, a number of people have come to me to get the complaint registered or if registered to get the case investigated. A couple of years back, the body of a small time planter in Kodagu was found hanging on a tree in the premises of the Race Club and despite the complaint, nothing happened. The persons named as suspects by the victim’s mother (a widow) and relatives were not even taken into custody for interrogation.

The victim’s relatives told me that the culprits had visited the jurisdictional Police Station in the city a couple of times. You can make your own inference.

The senior officers in the Police Department must review periodically all the undetected cases and put pressure on the Station House Officers to solve the cases and for this purpose periodically guide them. However, if the top officers themselves are of the Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy's kind, God only should help the complainant. I am not aware if there is a psychological test for the candidates who appear for public service examinations — like the IPS, IAS, KAS — to find out the propensity of a person for making money by means fair or foul. I may sound harsh and it may even be illegal, but how about brain mapping under narcoanalysis test to find out the “mind” of the candidate? This day may not be far - off, if corruption continues unabated at this level.

Indira Gandhi was indeed right when she acknowledged corruption as a “Universal Phenomenon”, almost justifying it. No wonder she was also in a way responsible for the present run of corrupt officers in all our government departments and Constitutional institutions. We had always thought at least our Army and Judiciary are well insulated from corruption. Newspapers rarely carried any item relating to corruption in the Army and Judiciary. But today we have Army scams and Judicial corruption almost daily being written in newspapers and shown on TV. Lack of trust in the leadership in all areas of governance is worrying every citizen today. The situation indeed is grim. If a citizen cannot trust a Police Officer, Army General, Chief Justice of the higher court, where shall he go for his security and justice?

Are we as a country lost in the limbo of a democratic anarchy?

Tailpiece:
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!”
S.O.S   e - Voice For Justice - e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.08..Issue.35........31/08/2013

Editorial : PIL Appeal To Honorable Supreme court of India For Writ of Mandamus -  No  JAIL  for  Criminal  Judges  &  Criminal  Police  ?

 

We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt  elements , anti nationals , traitors  among public servants , among judiciary  & among police who are  greater threat to India’s unity & integrity  than Pakistani terrorists or chinese military.

 

Information input  forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s  right to expression is violated , his other rights to equality , justice , etc also  are violated. Suppression of Information amounts to curbing of Expression.

 

In a democracy , people have a right to know  how the public servants are functioning. However till date public servants are hiding  behind the veil of  Officials Secrets Act (which is of british vintage created  by british to suppress native indians). By this cover-up public servants are hiding their own corruption  , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

 

Our previous RTI request to CJI , union home secretary of GOI, President of India  , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to  millions  of Indian citizens , due to wrong / illegal work practices of  Indian judges , police & public servants  .   The  information we sought would expose the traitors , anti-nationals , criminals  in public service.  The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , i do request the honourable  supreme court of india , for a Supreme  Court  monitored  CBI  Enquiry  into  this whole issue  as karnataka police are helpless , they  don't  have  legal powers  to prosecute  high &  mighty , constitutional functionaries. They  have  not even  enquired  the  guilty VVIPs  even  once however Under pressure from higher-ups  they  repeatedly called  me the complainant  to police  station  took  statements  from me  all  for  closing  the  files.

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the  questions.  JAI HIND. VANDE MATARAM.

 

Your’s sincerely ,

Nagaraj.M.R.

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls alleged that when they went to the magistrate’s chamber to give their statement, he allegedly made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

SUPREME COURT OF INDIA   Responsible for Murders  of  RTI  Activists                                          Supreme  Court’s   failure   to    PROTECT  CITIZENS & THEIR RIGHTS

Karnataka: Another RTI activist found murdered; whistleblowers demand CBI probe

 

 

 

 Bangalore – Less than two months since the murder of an RTI activist from Bangalore, the state Saturday witnessed a brutal murder of another whistle-blower. This time Vasudeva Adiga hailing from coastal district of Udupi followed the fate of Lingaraju, who was allegedly murdered by the local corporator for exposing corruption last November.

The body of a missing RTI activist Vasudeva Adiga has been found in brutally murdered state on Saturday. Adiga, who hails from Vandaru village in Udupi district, had gone missing since Monday, 7 January.

The body has been found at Kadur of neighboring Chickmagalur district, about 225 kms from Udupi, with multiple injuries and its face smashed beyond recognition.

At the same time other whistle-blowers from Udupi district have alleged the involvement of local influential politicians, businessmen and top level government servants behind the murder. They have also demanded CBI enquiry into the murder.

Adiga had drawn the wrath of some local politicians and high-rank officers of the district for being very instrumental in exposing the corruption at various levels, said Shreeram Diwan, a journalist cum RTI activist.

Recently he had obtained some vital documents regarding alleged irregularities in much-delayed Varahi irrigation project, affairs of Mandarti temple and Nirmiti Kendra through RTI, he said.

While Varahi irrigation project has been delayed since three decades, Mandarti temple comes under Muzurai department of Government of Karnataka. The Nirmiti Kendra headed by the Deputy Commissioner of the district serves as a seminal agency to generate and propagate innovative ideas on housing and participates in tender of any government or private organization and executes the same in line with the objectives. It can undertake the government construction projects that cost less than 1 crore rupees.

“Adiga has been abducted and murdered after he determined to complain Lokayukta over misappropriation of public funds that run in multiple crores.” explained Diwan.

According to Diwan, Adiga had played crucial role in exposing huge irregularities by the stone quarries at Goliangadi recently. Following the complaints, the mining department had fined those companies upto Rs.4 crore.

“He even questioned the district authorities over granting permission to those blacklisted stone-quarries, which had not even paid the fine amount imposed by the department, to operate at other places.” he added.

Sources said that Adiga was approached by those officials, couple of days back to his abduction, for a compromise for which he did not budge. He was also threatened of dire consequences, the sources said.

Adiga went missing on the night of 7 January while he was returning to his home in 2-wheeler along-with some important documents obtained through RTI.  Family members found his deserted mobile, footwear, pen and two-wheeler on following day about 12kms away from his village, but not those documents he was carrying.

 

 

Attacks   Murders   of  RTI  Activists  in  India

http://en.wikipedia.org/wiki/Attacks_on_RTI_activists_in_India 

 

Name      State      Approximate date           Harassed / Assaulted / Killed               Link          

Sanjib Tanti         Assam   6/11/07                Assaulted            http://www.indianexpress.com/news/assam-rti-applicant-alleges-assault/128135/0             

Firoz Ibrahim Khan          Maharashta        11/17/07              Assaulted            http://www.expressindia.com/latest-news/estate-agent-assaulted-for-filing-rti-four-arrested/245439/      

Gopalbandhu Chhatria  Orrisa    2/1/09   Assaulted            http://www.tehelka.com/story_main47.asp?filename=Ne091010Dead_Right.asp      

Ripu Daman Ohri              Punjab  6/1/09   Assaulted            http://www.indianexpress.com/news/applicant-complains-of-receiving-threat/679649/0          

Rinku Singh Rahi               Uttar Pradesh    3/26/09                Assaulted            http://articles.timesofindia.indiatimes.com/2012-04-29/lucknow/31475658_1_mukesh-chowdhary-hunger-strike-ips       

Dr. Sanjib Nandi                Punjab  7/6/09   Assaulted                http://www.telegraphindia.com/1090708/jsp/sports/story_11208661.jsp           

Munikrishna       Karnataka            10/27/09              Assaulted            http://www.dnaindia.com/bangalore/report_rti-activist-attacked-over-legal-dispute_1304468   

Ajay Kumar         Delhi      1/1/10   Assaulted            http://www.csmonitor.com/World/Asia-South-Central/2010/0310/In-India-deadly-backlash-against-freedom-of-information-activists         

Nayana Kathpalia             Maharashtra      1/8/10   Assaulted            http://www.frontline.in/stories/20100910271802600.htm                

Kiran Pandey     Punjab  1/10/10                Assaulted            http://www.tehelka.com/story_main47.asp?filename=Ne091010Dead_Right.asp      

Sumaira Abdulali              Maharashtra      3/16/10                Assaulted                http://www.frontline.in/stories/20100910271802500.htm           

Abhay Patil         Maharashtra      4/1/10   Assaulted            http://www.frontlineonnet.com/stories/20100910271800400.htm                

Ashok Kumar Shinde      Maharashtra      7/17/10                Assaulted            http://ibnlive.in.com/news/rti-activist-seeks-details-attcaked/126904-3.html?from= rhs            

Budhai Kumar    Uttar Pradesh    8/9/10   Assaulted            http://www.governancenow.com/gov-next/rti/rti-applicant-attacked             

S Channabasappa Patil   Karnataka            9/16/10                Assaulted            http://www.deccanherald.com/content/100502/                

Yashwant Gavand            Maharashtra      1/2/11   Assaulted            http://timesofindia.indiatimes.com/city/mumbai/RTI-activist-assaulted-in-Bhandup/articleshow/7208340.cms              

Arun Baburao Mane       Maharashtra      1/2/11   Assaulted                http://www.hindu.com/2011/01/05/stories/2011010564381700.htm      

Salman Reddy   Orissa    1/17/11                Assaulted            http://timesofindia.indiatimes.com/city/bhubaneswar/Goons-beat-up-RTI-applicant-in-Rayagada/articleshow/7324173.cms   

Safdar Ali             Jammu and Kashmir       1/20/11                Assaulted            http://lite.epaper.timesofindia.com/getpage.aspx?articles=yes&pageid=6&max=true&articleid=Ar00601§id=3edid=&edlabel=CAP&mydateHid=27-01-2011&pubname=Times+of+India+-+Delhi+-+Times+City&title=Land+mafia+targets+RTI+man&edname=&publabel=TOI                

Vikrant Karnik    Maharashtra      1/25/11                Assaulted            http://timesofindia.indiatimes.com/city/mumbai/RTI-activist-attacked-suspicion-on-builder/articleshow/7363724.cms             

Amar Pandey     Uttar Pradesh    1/27/11                Assaulted            http://www.sify.com/news/rti-activist-attacked-news-national-lb1x4fjabcf.html            

Gopal Prasad, Anil Mittal, Nanda Sawant               Delhi      2/3/11   Assaulted            http://www.hindustantimes.com/3-RTI-activists-roughed-up/Article1-658294.aspx         

Mangala Ram     Rajasthan            3/3/11   Assaulted            http://www.thehindu.com/news/states/other-states/article1520955.ece?homepage=true          

Bharat Guggul, Bhanji Jogen       Gujarat 3/5/11   Assaulted            http://articles.timesofindia.indiatimes.com/2011-03-05/surat/28658920_1_villagers-rti-application-housing-scam      

Vishnu Medhkar              Maharashtra      4/2/11   Assaulted            http://timesofindia.indiatimes.com/city/mumbai/Man-thrashed-over-RTI-query-in-Turbhe/articleshow/7869894.cms

Dilip Jaiswal        Maharashtra      4/5/11   Assaulted            http://timesofindia.indiatimes.com/city/nagpur/No-action-against-RTO-staffers-who-beat-up-RTI-activist/articleshow/7890114.cms