Friday, November 2, 2012

INDIAN PRISONS FAILURE IN INDIAN LEGAL SYSTEM CRIMINALS IN POLICE UNIFORMS

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  e-voice  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. 

FAILURE OF INDIAN LEGAL SYSTEM

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
innocents.

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
created.

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.
TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA - Gross violations of human rights by police

At the outset , e - Voice salutes the few honest police personnel who
are
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
salute
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
like
"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
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2)      When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
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.
Only
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
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill
them.
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
false
& 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
police.
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
of
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
degree
torture on detainees and kill detainees in the name of encounter
killings.
2)      To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3)      To pay such forfeited amount together with matching
government
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
from
innocents by 3rd degree torture.
5)      To make liable the executive magistrate of the area , in
whose
jurisdiction torture is perpetrated by police on innocents.
6)      To make it incumbent on all judicial magistrates ,to provide
a
torture free climate to all parties , witnesses in cases before his
court.
7)      To make public the amount & source  of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj
kumar.
8)      To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
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 &
superiors.
13)     To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all
service
matters of police.
14)     The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then
on
a reciprocal basis , police will also treat others humanely.
15)     The police must be relieved fully from the sentry duties of
biggies
& 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.

 CRIMINALS IN POLICE UNIFORM
-          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
enforcing
law instead are working as hand maidens of  rich & mighty. The
corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
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 ,
drinks
, cigareetes , etc. they get spacious cells & get best private
medical
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
toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there
are
few honest people left in the police force.
                  Hereby , e-voice urges you to make public the
following
information in the interest of justice.
1.how many CBI officials & Karnataka state police  officials are
facing
 charges of corruption , 3rd degree torture , lock-up/encounter
deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how 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?
5.how 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
to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how 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 ?

 DOUBLE  STANDARDS  OF  INDIAN  JUDICIARY  &   POLICE

In india , Law is one & same for all , however in it's implementation
& enforcement  , the public servants are practicing double standards.
Poor Innocents are harassed , tortured all in the name of law ,
rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records &
are going scot free. The Public Servants treat Rich Criminals
Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme
court
chief justice & President of india are hiding information relating to
crime , covering-up crimes , violating commoner's human rights ,
fundamental rights , obstructing citizen from performing their
Constitutionally prescribed Fundamental Duties as  Citizens of
India ,
no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also
becomes a criminal , if a commoner violates the fundamental / human
right of a rich person , if a commoner obstructs a public servant
from
performing his public duties , all those become crimes & he is
legally
booked for each counts.
Why not police registering complaint  against the above stated public
servants for above crimes. IS IT NOT DOUBLE STANDARD.

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