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.
No comments:
Post a Comment