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e – Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom
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Editor : Nagaraj.M.R.................vol.2
issue.36...................... 18/11/2006
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EDITORIAL : PEACE, NON-VIOLENCE THE NEED OF THE HOUR
Just recently ie on 27/10/2006 wee hours , in the peaceful city of
mysore terrorists were apprehended . the basic reason for rise in
criminal activities is the rampant corruption in all wings of
government & the catalyst for this corruption is greed , selfishness
of officials. the indifferent attitude of the public towards
corruption is the reason for lack of accountability on the part of
public servants.
HRW has utmost respect for all institutions & all public servants ,
individuals. this is an effort by the HRW to bring to book the corrupt
few among the public servants and an appeal to the honest public
servants to bring to book their corrupt colleagues.
The terrorist attacks, naxalite attacks, bomb blasts have become
rampant all over the world. recently srilankan foreign minister was
assassinated. When there is going to be an end to this cycle of
violence ? the problem of naxalism, terrorrism , is a direct result of
moral decay, fall of personal integrity, break-up of social fabric in
the society. All over the world with rapid strides in scientific
advancements , the life styles of human beings has witnessed sea
changes. Human being by nature is greedy , selfish & wants more & more
comforts , luxuries for himself.
The nature has given us – the human beings enough resources to live
happily, if shared equally & to live in harmony. However the gross
resources in a society doesn't increase with the greed of some people.
The greedy people want more than their share,
legitimate share of natural resources, for their selfish objectives.
The people in power, amass more resources through illegal, inhuman
means which rightfully belongs to others. This creates a chasm, at one
side few greedy, inhuman , corrupt super rich people, at the other
side millions of hungry people even lacking basic necessities. As per
darwin's theory it is the jungle rule " SURVIVAL OF THE FITTEST".
These poor people struggle together to get back their rightful share
of resources. This objective is good when carried out in a legal,
peaceful, non-violent way. At this juncture, the so-called leaders
with selfish objectives become leaders & takes them for a ride on the
violent path.. even after years of violent struggles, the lives of
these poor people has not changed where as the leaders have become
super rich. It is the same story every where, the names differrent. In
some countries, after violent struggles the terrorist leaders
themselves have become president / prime minister of new independent
countries. However the lives of people are today more miserable than
previously, their new leaders more corrupt than those ousted. The
cause lack of honesty, integrity, humaneness in the new leaders.
Hypothetically, if the leader is humane, honest, empathetic, any type
of governance is good. However in practice nobody is so. That is why
in relative terms democracy is the best form of governance.
Just remember, how a loin cloth clad mahatma gandhi fought against the
mighty british empire. Gandhi didn't even fire a single gun shot, he
didn't have money power. Still he won independence for us – indians.
Now see H.E. dalai lama , head of state , tibet, inspite
of being driven out of his kingdom by chinese army, he is doing
peaceful dialogue with them. No violence at all. His followers do
protest against the injustices meated out by chinese ,not through guns
or bombs but through silent processions.
SEE THE FOOLOWING CYCLE OF VIOLENCE :
Selfishness-injustice-crimes-violence-violence-violence-total
destruction-all round sufferring
At the end nobody wins, nobody wins as in fables. It is destruction ,
sufferring every where. The people must struggle for their survival
against the corrupt leaders, public servants in a peaceful legal
manner only. the following vedic hymn sums up the whole issue,
O'god
Take us from ignorance to enlightenment
Take us from darkness to light
Take us from death to eternity
Let there be peace peace harmony every where.
Jai hind. Vande mataram.
Your's sincerely,
Nagaraj.m.r.
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C.B.I COVERING UP THEFTS IN R.B.I - Lie detector tests for C.B.I
officers ?
Nowadays even free e-mail accounts need password to operate, to
operate a bank locker there are multi level security settings. However
, it is ridiculous, unbelievable to note that in the high security
reserve bank of india currency note press mysore, there were no
different key sets , palm readers, pass words, no different authorised
persons, no troops of security guards, to access
the area. Just only one security guard- a constable. It is a cock &
bull story of C.B.I, that all alone a single security guard stole the
booty. There must be a crime syndicate. The C.B.I officers themselves
must be subjected to polygraph, brain mapping tests to know why they
are lying , to cover- up whom? The C.B.I has not answered previous
questions raised by HRW.
The C.B.I must answer the following questions :
1. who were responsible for selling the good printing machine at
security press nasik to scamster karim lala telgi as scrap ?
2. who recruited the candidates below merit rankings in R.B.I for what
criminal roles ?
3. how many irregularities have taken place in R.B.I till date ?
4. who is responsible for installing, operating & supervising the
security set-up in R.B.I ?
5. how the raw materials ie number of paper sheets, ink, etc are
accounted for in inward stores & while issuing for printing ?
6. how wastages, scrap of ink , papers , etc in the printing process
are accounted for?
7. How the finished goods ie currency notes are accounted for ?
8. Who keeps physical figures & possession of goods, inventory of all
the above?
9. How the scrap paper is disposed off ?
10. From security angle who keeps track from start till dispatch ?
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QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ????
-improper functioning of democracy in india
the vohra committee report has proved the criminalisation of politics
in india. There are many number of criminals in the parliament & state
legislatures. Some of those criminals are cabinet ministers as well as
members of vital parliamentary committees. Thereby, they are in a
position to manipulate , enact laws favouring , benefitting the
criminals their cronies.
Just see how the GOI gave export incentive of Rs.1800 crore to
reliance petroleum although it didn't even export a barrel. Reliance
infocom & tata teleservices were CDMA mobile service providers & have
paid license fee of few crores only equal to landline fees without any
competitive bidding . They were supposed to provide mobile service to
operate like fixed phones within a radius of 40k.m. however they were
providing service like mobile service from one state to another like
GSM mobile service providers. By this act of RIC & TTSL , the GSM
providers who have paid thousands of license fee in competitive
bidding were economically hurt , the dispute went to court. The court
was on the verge of pronouncing it's verdict awarding damages worth
Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with
penalty to GOI. The government announced a unified telecom license
regime with retrospective effect. Thereby, the GOI lost thousands of
crores of rupees & the share holders of GSM players lost thousands of
crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS
RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.
This time too, GOI bailed it out. during the dispute between ambani
brothers the younger ambani mr. Anil ambani director of reliance
himself has stated that for the favours received from the GOI , the
company gifted some shares to then IT &
COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian &
multinational companies are lootingindian exchequer to the tune of
thousands of crores of rupees , through lobbying / bribing.
In india, indirect democracy is the form of governance. In this form,
people's representatives are bound to raise the questions , issues
concerning their constituents on their behalf , on the floor of the
house. However the sad part in india even after 58 years of democracy
, is the lobbying is at it's peak. The lobbying is a gentleman's white
collared crook's way of forming favour seeker's group , creating a
corpus to pay lumpsum bribe & influencing decision making. The
people's representatives are bound to represent their people first ,
then their party & party think tanks. India has come to this sorry
state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.
Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in india. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.
The " strategic dis investment issue " comes before the parliament for
legislation / approval. The ruling party issues a party whip to it's
members to vote in favour of dis investment. However M.P mr.raj gandhi
who is an MBA in his own wisdom also favours the dis investment.
However ,most importantly the constituents – people in mandya
parliamentary constituency through protest marches , mass post card
campaigns lakhs in numbers expresses their disagreement with the dis
investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.
On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 58 years in india. In democracy,
party whip , MP or MLA's own wisdom / brilliance, think tank & IAS
lobby recommendations are all secondary , the constituent's of his
constituency , people's wishes aspirations are of primary importance &
supreme. What people need is a honest representative, whosimply
delivers the people's aspirations on the floor of the house back &
forth , without superimposing it with his own ideas & party ideas. For
true democracy , the people's representatives must be true postmans.
Towards this end , the people must be educated about their democratic
rights & responsibilities. This is an appeal to the honest few in the
parliament & state legislatures to weed out their corrupt colleagues ,
lobbyists, to uphold the dignity of the house & to install democracy
in it's true form.
WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???
In the past there were media reports about judges selling judicial
orders like bail , acquittal , warrant , etc for a price. We have read
about judges lifting furnitures from govt bungalow , judges attempting
to rape a victim for giving favourable judgement , judge involved in
murder attempt , judge cleaning his official chamber with ganga water
as it was previously occupied by a judge belonging to backward caste ,
judge misusing medical reimbursement allowance , judge filing fase
affidavit , newly appointed women judges paying back for the favours
received in an immoral manner to the selectors ie high court judges ,
etc. Indian judiciary is no better than outside civil society , it is
just a reflection of it. It is rotten & corrupt. When ever a voice is
raised against the corrupt judges that is silenced by contempt
proceedings. Right from munsiff Judges , quasi-judicial officers like
magistrates , to the apex court corruption is wide spread. Some of
them are utterly wealthy & leading luxurious lifestyles much beyond
the scope of their legal income.
HRW has brought to the notice of apex court, numerous cases of crimes
by rich & mighty . no reply from apex court. HRW editor himself has
suffered numerous fundamental & human rights violations perpetrated by
rich & mighty to silence him . HRW has appealed about that too to the
apex court , no reply. HRW editor was not permitted to appear before
JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv gandhi
assassination case , as an amicus curie. As a result of raising his
voice against injustices , HRW editor was beaten up & attempts to
murder him were made , his newspaper publications were closed , his
home page was hacked , free web blog services were abruptly stopped ,
government jobs he was eligible to on merit - were denied to him by
manipulation. HRW & his family were threatened of false fix-ups in
cases , 3rd degree torture by police. Inspite of bringing all these
issues to the notice of apex court – there is no reply nor any action.
Police are not registering my complaints about this issue nor legal
services authority are giving legal aid to me , about these issues.
It proves some officials in the apex court are hand in glove with the
criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS
, FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There
are few honest judges in the judiciary by whom only the wheel of
democracy is turning in india , we salute those honest few. This is an
appeal to bring to book criminals in the garb of judges, who are
hiding behind legal immunity privileges & making money. I , HUMAN
RIGHTS WATCH'S Editor nagaraj.M.R. hereby do offer my services (
subject to conditions ) in bringing to book the corrupt elements in
judiciary. Are you ready honourable chief justice of india sir ?
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LAW GUARDIANS THEMSELVES ARE LAW BREAKERS
- POLICE TURNING INTO ROBBERERS IN KARNATAKA
In india corruption has spread it's tentacles far & wide. Recently
karnataka lokayukta has arrested 5 top cops on charges of corruption .
in raid he has unearthed crores of rupees worth propperties & cash.
Nowadyas police play the role of a mediator in land disputes ,
property disputes , accident cases , etc. They don't book the cases as
per law , instead they settle it through mediation & in some cases
coerces innocents , poor people without backing to come to compromise
with rich criminals. They threaten poor people with faslse fix-ups in
cases , 3rd degree torture , etc , if they don't agree to compromise .
without an alternative poor people agree to the forced down compromise
formula. In the end , mediating cop gets a hefty commission from the
rich criminal. The corrupt cops collect mamools from bar owners ,
transporters , etc to shield their illegal deals. Now as the mumbai
encounter specialisty S.I. DAYA NAYAK's case is unfolding , it is
becoming clear what he did as a S.I OF POLICE are not encounter deaths
, cunningly planned & ruthlessly executed supari murders. Mr.daya
nayak is not a encounter specialist but a hit man for the under world
in uniform. Literally corrupt police are nothing but GOONDAS , ROWDIES
IN UNIFORM.
The corrupt habbits of corrupt police die hard. Even if they are
posted to C.B.I , VIGILANCE , LOKAYUKTA , etc, they make money by
passing on information about raid details. Thereby , they help the
guilty to escape. Abiut this issue karnataka upalokayukta himself has
expressed his heplessness . lokayukta police are on deputation from
state police , lokayukta don't have any powers to take disciplinary
action against his own subordinates , he can recommend it only to his
mother organisation. What a paradox. Cops turning into thieves & the
lokayukta police who are supposed to book corrupt themselves corrupt.
The politicians in power simply make statements about giving more
powers to lokayukta , on record they don't do any thing. As the
corrupt officials are one of the sources of party funds & those
corrupt officials themselves help corrupt politicians in doing corrupt
deals & shielding it. H.D kumara swamy chief minister of karnataka has
said "I want to send a strong message to government servants that
stringent action will be taken against corrupt elements among them
without fear or favour. We will empower the Lokayukta with more legal
powers to continue its crackdown on all officials indulging in corrupt
activities."
The arrested police personnel are deputy superintendent of police
(Bangalore rural) N. Krishnappa, Crime Branch inspector
Shami-ur-Rahman, VVIP security inspector N. Narayanaswamy, Koramangala
(south Bangalore) inspector Mir Arif Ali and Yeshwantpur (north
Bangalore) inspector Shivanna. Lokayukta chief N. Venkatachalaiah
said: "It is not about the quantum of money or properties seized but
the rot that has set in the system. If lawmakers turn into law
breakers, how can people have confidence in them?"
However these corrupt people pay a part of the looted booty to their
superiors & political masters , as a result in the end nothing happens
out of enquiries or investigations. At the most these guilty person
are transferred to another fertile location away from the eyes of
people to make more money. in some cases even the guilty corrupt
officers are promoted. The fate of over 100 reports of the Karnataka
Lokayukta against government servants, facing charges of corruption,
is hanging in the balance with the Karnataka High Court declaring that
Lokayukta will not inherit the powers of Upalokayukta to take suo motu
action, when Upalokayukta's post is vacant.
Further, the future of about 1,000 cases being investigated by the
Lokayukta has also become uncertain as in all these cases the
Lokayukta had exercised the suo motu power available only to the
Upalokayukta under the Karnataka Lokayukta Act, 1984. The Lokayukta
had invoked suo motu powers and initiated action on complaints against
government servants as the State government had failed to appoint
Upalokayukta. The post is vacant since April 2002. The Karnataka High
Court, in the case between Prof S N Hegde, former vice-chancellor of
Mysore University and the Karnataka Lokayukta, has declared that
Lokayukta had no jurisdiction to discharge the functions of
Upalokayukta when "no Upalokayukta is appointed".
The High Court had also clarified that the Lokayukta can carry out
functions of Upalokayukta only when Upalokayukta is unable to
discharge his duties due to "absence, illness or any other causes".
However, the Lokayukta was empowered to investigate a case, not
defined under the Act, if the Government refers the case to the
Lokayukta through a notification, according High Court's observation.
But the State government, except in a few cases, has neither referred
the complaints to the Lokayukta through a special notification nor
appointed Upalokayukta so that it can inquire into these complaints.
With this, it is clear that in all these cases Lokayukta acted without
jurisdiction as government had not referred most of the complaints to
Lokayukta when post of Upalokayukta is vacant, said a senior advocate.
In the light of the above observations by the High Court to the most
of the cases investigated by the Lokayukta while exercising the powers
of Upalokayukta would mean that all the action taken by the Lokayukta
would become void ab-initio (not legally binding), observed an
advocate. However, the benefit of these judgement would available to
the government servants only when they question Lokayukta's action
before the High Court, said an official of the Law Department.
"Inaction on the part of the Government in appointing Upalokayukta has
seriously affected the painstaking investigations done by the
Lokayukta", said a police officer attached to Lokayukta police wing.
Meanwhile, realising the impact of the High Court order, the State
government, apart from preferring an appeal against this verdict
before a larger bench, has initiated the measures to clothe the
Lokayukta with suo motu powers. According sources, the government was
also studying the possibility of giving suo motu powers with
retrospective effect so that the reports already submitted by the
Lokayukta and the cases under investigation would not become invalid
following High Court's verdict. Lokayukta Justice N Venkatachala and
State Advocate General A N Jayaram said that they have decided to
challenge this judgement of single judge bench before a division of
the High Court.
However all is not last , there are few sincere hard working police
officers in the state police , there are sincere public servants like
lokayukta & upa lokayukta , let all of us support them. India will be
a corruption free country.
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APPEAL TO HONOURABLE PRIME MINISTER OF INDIA
Dear Sir ,
INDIA: Will the Uttar Pradesh State Human Rights Commission make
public the reasons for dismissing case number 2603(65)/2006-2007?
I am writing to you to express my concern about the dismissal of the
case sited above by the Uttar Pradesh State Human Rights Commission. I
am informed that this case which called in international and national
media attention was dismissed by the Commission vide its order dated 6
November 2006. While dismissing the case, the Commission has only
mentioned that "[t]he charges have not been proved in the inquiry, and
it was found that wrong information was given to the Asian Human
Rights Commission".
I am informed that the Asian Human Rights Commission, the complainant
in the case, was not provided with a copy of the report filed by the
inquiring officer. I am also informed that the inquiring officer
appointed by the Uttar Pradesh State Human Rights Commission was in
fact trying to compromise the matter than from impartially inquiring
into the case against which the Asian Human Rights Commission had
issued an open letter addressed to the Chairperson of the Commission
on 15 August 2006.
I am aware that the Protection of Human Rights Act (1993) provides for
transparency, accountability and fair trail procedures to be followed
while inquiring into cases of human rights cases. However, I am afraid
that the Uttar Pradesh State Human Rights Commission has failed to
uphold any of these in this case. I am also informed that the Asian
Human Rights Commission is writing a separate letter expressing its
concern in this case to the office of the Special Representative of
the United Nations Secretary-General on the situation of human rights
defenders Ms. Hina Jilani.
In these circumstances I wish to ask the following questions to the
Uttar Pradesh State Human Rights Commission.
(1) Once a complaint is lodged at the Commission are there any clearly
outlined procedures adopted by the Commission in inquiring into the
complaint?
(2) If an inquiring officer is appointed to inquire into a case by the
Commission, will the Commission serve notice to both the complainant
and the respondent regarding the details of the inquiring officer?
(3) Whether the Commission decides the case exclusively upon the
inquiry report of the inquiring officer or after calling upon both
parties to submit their case before the Commission in an open proceeding?
(4) Does the Uttar Pradesh State Human Rights Commission follow fair
trial procedures and if so how these principles were applied in the
inquiry into this case?
(5) What is the detailed order of the Uttar Pradesh State Human Rights
Commission in case number 2603(65)/2006-2007? The order made by the
Uttar Pradesh State Human Rights Commission in this case mentions that
the `charges have not been proved in the inquiry'. In that case is the
Commission willing to make public what proof has the Commission relied
upon to dismiss the case other than an alleged inquiry conducted by
its official, of which the complainant was not even served with a copy?
(6) Being a public body is it not fair for the Uttar Pradesh State
Human Rights Commission to make public the inquiry report of its
inquiring officer and the finding the Commission has come to and the
proof the Commission has relied upon to come to the conclusion?
Sincerely your's,
Nagaraj.M.R.
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AN APPEAL TO HONOURABLE PRESIDENT OF INDIA
Dear Sir ,
INDIA: Woman faces death threats and harassment due to her political
affiliation, while police remain inactive
Name of the victim: Ms. Sakina Khatun, resident of Rojipur village,
Hooghly district, West Bengal, India; a member of the Bharatiya Janata
Party (BJP)
Alleged perpetrators:
1) Mr. Mahim Mondal
2) Mr. Abu Siddiki
3) Mr. Nurul Huda
4) Mr. Hasan Mallik, Secretary of the CPIM village Committee, Rojipur
village
5) Mr. Rahamat Ali
6) Mr. Abu Hasan
7) Mr. Kamal Mondal
8) Mr. Sujit Chakraborty
(All eight persons above are residents of Rojipur village)
9) The Inspector-in-Charge of Dhanikhali Police Station, Hooghly
I am writing to you to express my deep concern regarding a case
involving death threats, harassment of Ms. Sakina Khatun and members
of her family, in Rojipur village, Hooghly district, West Bengal,
India, allegedly due to reasons of political affiliation. The alleged
perpetrators, who are the village Panchayat leaders and the members of
the Communist Party of India-Marxist (CPIM), the ruling party of West
Bengal, are named above. Ms. Sakina Khatun, however, is a member of
another party, the Bharatiya Janata Party (BJP). I am also extremely
disappointed by the failure of the Dhanikhali police and the judicial
authorities in Hooghly district to provide protection to the victim,
despite her repeated complaints.
In June 2006, the village Panchayat leaders excavated a drain around
Sakina's land, despite her protesting that this would make it
impossible for her to use a tractor to cultivate her land. She made a
formal complaint to the village Panchayat, but nothing happened.
On June 10, 2006, Sakina filled in the north side of the drain, which
was located inside her land. On June 12, Amed Ali Mondal, Mohim Mondal
and Abusiddik allegedly came to Sakina's house and verbally abused
her. Sakina lodged a complaint about this incident with the
Dhaniakhali police station (General Diary Entry no.: – 521).
On June 16, 2006, Sakina lodged another complaint with the Dhaniakhali
police against the three men as well as Rahamat Ali Mondal after they
planned to re-excavate the drain. However, the police have not taken
any action concerning this.
At around 8:00 am on June 25, 2006, some 25-30 people arranged by
Mahim Mondal, Rahamat Ali, Abusiddik, Nurul Huda went ahead with the
excavation of the drain and also destroyed crops on Sakina's land.
Sakina lodged a complaint about this with the Dhaniakhali police on
the same day (GDE no: – 071).
On June 28, 2006, Sakina lodged two cases at the Chinsurah
Sub-Divisional Executive Magistrate Court against the alleged
perpetrators mentioned above (Case no: – MP 417 dated 28/06/06 and MP
411 dated 28/06/06 u/s 144 of Criminal Procedure Code of India).
On July 4, 2006, the victim was attacked by armed men, Mahim Mondal,
Amed Mondal, Abusiddik, Abu Hasan, Nurul Huda, Shaikh Habibar,
Nandalal Das and Abhiram Das. They allegedly threatened her to kill.
On July 5, 2006, these men also threatened that they would rape Sakina
to publicly humiliate her, following which they would kill her. They
even threatened to give electric shocks to Sakina's daughter and to
burn Sakina's house down at night.
On July 7, 2006, the alleged perpetrators (village leaders) reportedly
made a decision reportedly decided to ostracize Sakina socially from
the village.
On July 8, 2006 Assistant Sub Inspector of the Dhaniakhali police went
at Rojipur to investigate the cases lodged by Sakina (Cases Numbers:
MP 411 and MP 417). However, to date he has not take any serous action
regarding the alleged threats or ostracism.
On August 13, 2006, the OC of the Dhaniakhali police called a meeting
between the victim and local village leaders of CPIM. But he allegedly
took the side of the local leaders and pressured the victim to
withdraw her cases against them. She was finally forced to sign a
compromise document, which was written by Hassan Mollick, the
secretary of local committee of CPIM.
According to the information received, Sakina and her family members
are currently suffering from psychological distress as the result of
the ostracism and the severe threats to which they have been subjected
and the lack of protection that they have received from the
authorities. It is reported that the police are reluctant to intervene
in the matter because the alleged perpetrators are ruling party members.
This case exposes the fallibility of the criminal justice system in
India. According to the Indian Penal Code socially ostracizing a
person is an offense under Section 153 A. This is a serious offence
which carries a punishment of imprisonment that may extend to three
years or fine. Once a complaint is made to any police station
regarding such an offense, the police officer to whom such a complaint
is made must investigate the case under Section 156 of the Criminal
Procedure Code of India. Alternatively, the complainant, Sakina, in
this case, could approach the local magistrate under Section 190 of
the same Code, which she did. Upon receipt of a complaint the
magistrate may also order similar investigation to be carried out by
the police. Either way, the investigating authority is the local
police. As evident from the facts of this case, it is the local police
that fail to comply with the law and procedure which facilitate
miscarriage of justice resulting in failure of rule of law in India.
It is alleged that the inaction by the local police in this case is
due to the allegiance of the victim to a rival political group which
opposes the CPI (M) rule in West Bengal.
Additionally, this case is also an example of the violation of Article
26 of the International Covenant for Civil and Political Rights
(ICCPR) to which India is a sate party. Article 26 states, "All
persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status."
The state has obligations to protect its citizens from such
discrimination. I therefore strongly request your immediate
intervention into this matter. Please take strong action to put an end
to the serious threats and harassment against the victim. I also
request you to provide urgent and effective protection to the victim
and her family. I particularly urge you to investigate into the
alleged death threats to the victim on July 4 and 5, 2006. The
investigation must be carried out in a fair manner, without undue
delay. Any persons found to be responsible must be held accountable
for their crimes. I also request you to inquire about the alleged
inaction of the Dhaniakhali police into this matter and take action
against responsible officers.
I look for your urgent intervention into this case.
Sincerely your's,
NAGARAJ.M.R.
…………………………………DECLARATION………………………………………
I have changed the title of my news weekly from "HUMAN RIGHTS WATCH'S"
to " e-Voice Of Human Rights Watch" under the pressure of big bullying
elements / corrupt elements . those corrupt elements have succeeded in
influencing yahoo india to close access to me. Yahoo India has done
their bidding , as yahoo did in china to silence human rights
activists. However I am continuing with my crusade as ever , which
best describes the new title of my news paper by the work I perform .
also note my alternate home pages .
name : …..........NAGARAJ.M.R.
new address : ...LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS
OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA
new title of paper : e-Voice Of Human Rights Watch
periodicity :WEEKLY
circulation : FOR FREE DISTRIBUTION ON WEB
donations : NOT ACCEPTED
owner/editor/printer/publisher : NAGARAJ.M.R.
nationality : INDIAN
home page :……..http://hrwpaper.blogspot.com/
……………….......http://indiapolicelaw.blogspot.com/
…………...:…….http://groups.yahoo.com/group/naghrw
( presently not working due to censorship by corrupt elements )
……………….....http://groups.google.co.in/group/hrwepaper/
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
cell : 9341820313
I ,NAGARAJ.M.R. hereby do declare that information given above are
true to the best of my knowledge & belief.
date : 18/11/2006 …………………………………… ………….your's sincerely,
place : India……………………………………………………… Nagaraj.M.R.
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Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761 ,
HUDCO FIRST STAGE , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA………
cell : 9341820313
home page : http://groups.yahoo.com/group/naghrw (this page presently
censored by yahoo India under the influence of corrupt powers As yahoo
did in china to silence human rights activists ) Available pages ;
http://groups.google.co.in/group/hrwepaper/
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
A member of AMNESTY INTERNATIONAL INDIA
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