DECCAN INQUIRER
Bi-Weekly e news paper
Editor: Nagaraja.M.R.... Vol.04.....Issue.44.............07 / 06 / 2023
Questions to Union Home Secretary
https://e-dalit.blogspot.com/2023/06/answer-honourable-union-home-secretary.html?m=1
Editorial : Judges & Police AFRAID to Answer
Even SCI Judges and Police are afraid to answer our questions in public intetest lest the truth comes out. SCI Judges and Police are biggest violators of RTI act not any politicians. Judges & Police forcefully preach law to commoners. If Judges and Police are SATYA HARISHCHANDRAS why they are not giving full truthful information to our RTI requests ?
Are Supreme Court of India Judges , Police DGPs upright and honest , let them answer following questions.
https://dalit-online.blogspot.com/2021/11/interrogate-judges-police.html
Your’s
Nagaraja M R
4. What action against police officials involved in lottery scam ?
5. What action against STF police personnel who illegally tortured innocent tribals in MM hills during operation veerappan ?
14. Many big jewellery shops are running gold chit funds and collecting monthly EMI from public. Is it legal & how you are monitoring it ?
15. Years back few female prisoners of parappana agrahara jail have accused jail officials of forcing them into sex trade within jail premises. What action taken against guilty jail police ?
16. What is the status of enquiry regarding accusation against IPS Kempaiah wrongly claiming ST caste reservation ?
17. How many police officials are facing enquiry and how many indicted for wrongly claiming SC ST OBC caste reservation ?
18. What is the status of enquiry regarding alleged involvement of then DCP Malagathi in property dispute of taxidermist van ingen ?
19. List of police officials caught by ACB Karnataka Lokayukta in last 30 years ?
20. Give us statistics of undertrials and convicts with caste break up in last 20 years.
21. KPSC scams are frequent and how many police officials are in service whose recruitment process itself is in question before judiciary?
22. Police frequently conduct raids on jails unearthing weapons, mobiles, drugs. It is not possible without connivance of jail police. How many jail raids conducted in last 30 years and what action taken by police in each case ?
23. How many deaths of under trials , convicts happened in police station , jails in last 30 years ? What action taken against guilty police officials in each case ?
24. What is the yearly conviction rate of criminals in last 30 years ?
25. How many accused persons are acquitted by courts in last 30 years ? Year wise statistics please.
26. What is the amount of compensation paid by government to each acquitted person for suffering injustice at the hands of government ?
27. What action taken against guilty police officials in each case who wrongly accused innocents of crimes ?
28. How many cases of dalit atrocities are registered in karnataka in last 30 years ?
29. Few dalits misuse provisions of dalits atrocities prevention act to fix their opponents. How many false dalit atrocities cases filed in last 30 years ? What action taken against such dalits in each case ?
30. Copy of case diary with regards to roost resort sex scandal involving high court judges.
31. Please give us the break up numbers of police stations in karnataka having working CCTV connection and stations without CCTV connection.
32. Most of the times common people are orally summoned to police stations , enquiry, detention not recorded in station diary. This facilitates few guilty police to escape legal prosecution in cases of third degree torture & lock up deaths. What actions government has taken to prevent oral summons , illegal detentions and third degree torture of innocents by police ?
RTI request to Secretary General and Registrars Supreme Court of India
Refer RTI request no. JUSTC/R/E/22/02168
Court registrars are administrative staff but few of them behave as judges themselves.
SCI has ruled that appeal for justice for public welfare by even a post card must be treated as public interest litigation , treated as such and must be admitted in court.
1. On what parameters registrars decide which PILs , letters , e mails should be registered and which not. Give us the list of parameters.
2. When a registrar behaves as a judge and refuses to admit a petition as a PIL , in such instances registrar must give a chance to the petitioner and other parties to explain their positions in judicial fairness. Registrars neither do administrative duties properly nor the presumed judicial duties properly. List of actions taken against registrars since 1990 till date for failure of duties.
3. Cases by some influential people concerning irrelevant movies , cricket , etc gets listed fast and comes before court fast. While cases relating to national security , unity , government property , Life Threat are not registered by registry let alone being listed before court. List of actions taken against such registrars for wilful negligence of duties.
4. There is a practice called “ Mentioning or Urgent listing “ in SCI. In this practice certain influential lawyers are benefitted , cases of their clients are listed super fast even during vacations. Give us the list of parameters adopted for urgent listing.
5. Give us the list of parameters followed for designating an advocate as “Senior Advocate”.
6. Administrative division of SCI maintains Service Records of all employees of SCI including judges and registrars. Give us the list of judges and registrars since 1990 till date who faced disciplinary actions , corruption charges , charges of criminal offenses , etc.
JUDICIAL SYSTEM
Why does Supreme Court list some cases instantly while others take months – even years?
Listing of cases is at the discretion of the chief justice of India. Many have complained that these are exercised in an opaque manner.
By Umang Poddar
On July 6, the Supreme Court agreed to hear Zee TV journalist Rohit Ranjan’s petition challenging multiple first information reports against him within one day. However, in a previous instance, where freelance journalist Siddique Kappan was arrested, his petition for bail was effectively heard by the court after a delay of more than six months.
These examples illustrate a controversial point about how the Supreme Court works: in some instances, the court may hear a matter urgently, whereas in others, it may take months before a matter is listed.
The Supreme Court offers no justification for this with the institution having no objective process that determines when a case is listed. While certain guidelines have been laid down for listing cases, many lawyers and even judges complain that the Supreme Court’s listing process is arbitrary.
The listing process is important since the Supreme Court has a substantial backlog and several cases of national importance have been pending now for years.
Journalist Rohit Ranjan's plea was listed within one day of filing the petition.
What are the steps in getting a petition listed at the Supreme Court?
First, a party files a petition either physically at the Supreme Court’s filing counter or through the court’s website. After this, the Supreme Court registry – the court’s administrative side that receives and processes documents – examines the petition for any defects in following the court rules and practices. After defects are communicated to the parties, they ordinarily have 28 days to correct these defects.
Lawyers Scroll.in spoke to said that petitions without any defects are rare.
Once defects are corrected, the matter is registered before the court and the party gets a petition number.
After this the case gets sent for verification, where the registry scrutinises it and also looks at various things such as whether the petition is time-barred and if similar such matters are pending. After verification, the matter is sent to the listing section, which assigns a date on which it will be heard. Benches are earmarked for different types of case types. Based on this, a petition is assigned to a bench.
On the date of the first hearing, the bench hearing the matter may, depending on the petition, admit it or give a notice to the other side to respond.
The entire process can take around seven to 10 days in routine cases, lawyers say, assuming parties cure defects within a day and the registry finds no issues in the petition.
Once a matter is admitted and regular hearings begin, then it is listed in chronological order, unless the court assigns a specific date for it.
How are some cases listed faster?
In case parties are in urgent need of relief, a process called “mentioning” is used to expedite the process. Under this, lawyers can approach a designated Supreme Court registrar for early listing. If the registrar refuses, they can mention the matter before the chief justice at 10.30 am, when court begins.
While the Supreme Court introduced an automated listing system in 2019, the chief justice, being the master of the court’s roster, has full discretion in how cases are listed and may list certain cases on priority.
In 2018, four Supreme Court judges complained that the chief justice was assigning important cases in an arbitrary manner.
What are the difficulties in listing cases?
Various steps of the listing process, such as verification and mentioning, are opaque.
“Given the various steps involved in the verification of the case,” Talha Abdul Rahman, an advocate on record told Scroll.in, “which are not trackable on the website, it is hard to identify what causes delay.”
He continued, “It [verification] can take anywhere from one day to several days,” and a follow-up by a lawyer might be required.
Certain sensitive matters, say relating to the government or politicians or politicised crimes such as lynching, may have difficulty in getting listed and invariably need mentioning at least once, he said.
Even after mentioning, a matter may not get listed. For instance, the petitions against the hijab ban in Karnataka has been pending at the verification stage despite the matter being mentioned in April, a lawyer told Scroll.in. On Wednesday, the chief justice agreed to list the matter in one week.
The process to mention cases is also not consistent. The rules keep on being updated and lawyers may be asked to approach different Supreme Court officials in different instances.
What are some controversies around listing?
Several lawyers have alleged that Supreme Court listing is an arbitrary process.
In 2020, Dushyant Dave, the then president of the Supreme Court Bar Association, wrote a letter to Chief Justice NV Ramana complaining that the court selectively lists cases. Dave pointed out that a petition by Republic TV’s Arnab Goswami was listed within a day without asking for defects to be cured while many urgent matters remained pending for months without the Supreme Court listing them. This gave the impression that “clients represented by certain lawyers are getting special treatment”, he added.
It is not just lawyers, even Supreme Court judges have complained about the listing process.
In 2018, four judges held a press conference against Dipak Misra, the chief justice then where they complained that cases of far-reaching consequences for the nation were being assigned to selective benches of the chief’s preference without any rational basis.
Judges have also ordered inquiries in certain listing lapses. For instance, in 2021, a two-judge bench called for an explanation from the registry when a case filed by Prashant Bhushan asking for a stay on contempt proceedings was not listed before a bench that was hearing similar matters.
Sometimes judges themselves have expressed shock at the opaque process. Recently, in at least two instances, the court’s registry did not list matters even after a bench gave orders. Technically it may not be wrong, as the chief justice has the power to determine listing. However, lawyers and judges expressed surprise at this as it went against the norms usually followed. “How can the Registrar (Judicial) say the matter will not be listed, after we have directed?” a bench asked on June 28.
RTI request to Honourable Chief Justice of India and Honourable Chairman National Human Rights Commission New Delhi
Refer RTI applications no : JUSTC/R/E/20/01830 and
NHRCM/R/E/20/00513
Honourable Sir,
First of all our salutes, whole hearted respects to honest few in police , judiciary and public service. It is an appeal to those honest few to catch hold of their corrupt colleagues. Both of you take lakhs of rupees salary, enjoy 5 star bungalow, flight travel , perks , etc all at tax payer's expense , still don't do your constitutional duties properly. SCI doesn't even admit our PILs concerning national security , accountability of public servants , etc although I have suffered murder attempts, physical assaults, job loss , etc in my crusade. But SCI has got enough time to hear cases of cricket , movies. Whether NHRC consists of humans or not needs a clarification. They lack humanness, empathy. To my RTI requests SCI cites various sections of law just like criminals, thieves to evade truth. NHRC too cites various sections of law to evade truth , to evade taking legal action. It is Crime cover up, which is one more crime by them. Both of them must first read the third grade acts of police , judges at below articles and following web sites :
https://dalit-online.blogspot.com/2020/04/rogue-police-judges.html?m=1 ,
https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-to-corrupt-police-judges ,
In fact, following the landmark 1997 DK Basu vs West Bengal case, the Supreme Court laid down some basic guidelines to prevent custodial abuse which have been absorbed into the Code of Criminal Procedure.
These directions have to be followed by the police. Refusal to do would result in contempt of court.
Both of you please give me information regarding following :
1. List of legal action taken by SCI & NHRC against guilty police , judges involved in crimes against humanity , 3rd degree torture by police case wise since last 20 years.
2. List of legal action taken by SCI & NHRC against guilty police , judges involved in crimes against humanity , 3rd degree torture by police with regards to cases mentioned in above web sites.
3. Legal steps taken by SCI & NHRC to prevent recurrence of 3rd degree torture by police , remand judge failing to protect health , safety of accused and government doctor failing to record actual health status of accused. List of actions taken by SCI & NHRC against such guilty judges and government doctors who aided guilty police in covering up 3rd degree torture by police on suspects.
4. List of Police who were booked on murder charges for inflicting 3rd degree torture on suspects.
5. List of police who were prosecuted for contempt of SCI with regards to violation of SCI guidelines on arrest procedure and illegal 3rd degree torture by police.
6. List of actions taken by SCI and NHRC against police involved in torture , lathi charge of farmers, farmer's family members during MAHADAYI RIVER PROTEST in karnataka.
7. List of actions taken by SCI and NHRC against police involved in torture of tribals in MALE MAHADESHWARA HILLS karnataka during Operation catch forest brigand Veerappan.
8. List of actions taken by SCI and NHRC against police involved in torture of tribals based on NHRC fact finding committee and Justice A J Sadashiva findings.
If anything untoward happens to me or to my family members , Honourable Chief Justice of India , Honourable Chairman NHRC together with jurisdiction police and district magistrate will be responsible for it.
Date : 08.08.2021 Thank you,
Place : Mysuru Nagaraja Mysuru Raghupathi
Read :
https://dalit121.blogspot.com/2022/10/?m=1
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