End Police Torture

 DECCAN  INQUIRER

Bi-Weekly e news  paper  

Editor: Nagaraja.M.R .. ..   Vol.20 .......... Issue.59..……25/07/2024

Torture Chambers of India

https://dalitonline.news.blog/torture-chambers/  ,

https://www.milligazette.com/news/Human-Rights/140-my-75-days-of-horror-in-the-hands-of-anti-terror-squad/  ,

INDIA: A torturous wait for the end of torture

Even as the world commemorated the International Day in support of Victims of Torture as per the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), there seems to be no end of torture for the foreseeable future in India. In fact, forget urgency, authorities in India seem to be completely uninterested in ending the criminal practice. The very fact that India is yet to bring in a domestic law against torture even 37     years after ratifying the United Nations’ Convention against torture in 1997 shows the apathy of its leadership. India, often called the world’s largest democracy, is only one of five countries with this dubious distinction.

 The other four are Sudan, Brunei, Palau and Haiti.

Why this apathy for such a heinous crime against citizens, usually indulged in by those bound by the constitution to protect the very same people? Well, the Government of India often adds insult to this injury by whitewashing the public secret of torture being endemic to policing in India and taking recourse in denial. 

Take, for instance, the position on state sponsored torture the then Attorney-General of India Mukul Rohtagi took in Geneva at the country’s third universal periodic review at the United Nations Human Rights Council in 2017. Invoking Gandhi and Buddha, Rohatagi said that

“Ours (India) is a land of Gandhi and Buddha.”… “We believe in peace, non-violence and upholding human dignity. As such, the concept of torture is completely alien to our culture and it has no place in the governance of the nation.”

Mr. Rohatgi was lying through his teeth as evidenced by the reports of National Human Rights Commission (NHRC), a statutory public body to monitor and protect rights. The NHRC, in its annual reports, has repeatedly highlighted the prevalence of torture in the country.

For example, The NHRC in its 2017-18 annual report points out that

“Custodial violence and torture is so rampant in India that it has become almost routine. 

It represents the worst form of excesses by public servants entrusted with the duty of law enforcement. The Commission regards crimes like rape, molestation, torture, fake encounter in police custody as manifestations of a systemic failure to protect human rights of one of the most vulnerable and voiceless categories of victims. 

Therefore, it is deeply committed to ensure that such illegal practices are stopped and human dignity is respected in all cases. Besides awarding compensation to the victims or their next-of-kin, the Commission’s efforts are also geared towards bringing an end to an environment in which human rights violations are committed with impunity under the shields of “uniform” and “authority within the four walls of a police station, lock-up and prison, where the victims are totally helpless”.

Similarly, as per the NHRC’s own findings as well as the Ministry of Home Affairs replies in the parliament of India, the number of people getting killed in custody- both in police custody and judicial custody, is rising. For instance, the total number of people killed in custody between April 1, 2019 and March 31 was 1,697. Of these, 1,584 died in judicial custody while 113 in police custody.

Further, most of the victims of torture come from marginalised communities like Dalits, tribal people and minority communiies.

So much so for India’s official position of torture being alien to its culture! Unfortunately, despite the open admission of torture being rampant in the country by the NHRC, the institution often comes across as toothless in making the relevant authorities to implement its orders on things like compensation, let alone follow its recommendations on policy changes necessary to eliminate torture from the country.

To begin with, The NHRC’s recommendations are not binding on the governments, both at state level and on the union government. So they keep flouting its recommendations with impunity. For instance, the NHRC admits in its same annual report (2017-18) that state governments paid compensations in only 151 cases out of the total 757 cases it has recommended for compensation.

There are a hundred reasons behind continuity of the practice and the impunity the offenders enjoy. One of the most important of them is that most of the Indian Penal Code is borrowed from the British Raj’s penal code- made for subjugating a colony and not for establishing a rule of law country. The reforms the IPC needed after independence were never a priority by the acts of omission in the beginning and then acts of commission afterwards. 

In newly independent India, the most immediate and pressing concern of the leadership was bringing the impoverished country, drained by almost two centuries of colonial occupation and reeling under one of the worst man made famines in Bengal, to stand on its own feet.

Then, the later leadership realised that having a policing system aligned with the rulers, not the rule of law, actually helps them consolidate the power, intimidate and silence the dissenters and continue ruling.

Naturally, they threw all the demands regarding police reforms, a must for ending torture, in the dustbin.

Further complicating the fact was a sort of indifference by the larger section of civil society on the issue of torture, brought primarily for the same reason as early Indian leadership.

 They too saw police reforms as a secondary concern while the country reeled under ‘more pressing’ problems like hunger deaths and caste discriminations. What they ignored, though, was the centrality of the violence in perpetuating poverty and many other ills as Gary Haugen and Victor Boutros brilliantly demonstrated in their book The Locust Effect. It is high time for the civil society to rediscover the linkages and press for police reforms including elimination of torture.

It is high time for the authorities in India to get their act together and make a concerted effort for ending the criminal practice forever. This can only be done by showing political will and pushing for a stringent domestic law against torture with mechanism for independent investigations into allegations of a torture. 

For example, if such a law against torture mandates the same policing agencies to investigate such allegations whose members are accused of committing acts of torture, the whole practice would become a joke. Further, this requires a lot of investment in fields like forensic sciences for shifting the focus of police investigations from torture based confessions to solid evidence. This goes without saying that this too requires a lot of political will!

International community too must urge India for enacting a domestic law against torture at the earliest and implement it.

Death  Penalty  to  Innocents

https://sites.google.com/site/sosevoiceforjustice/death-penalty-to-innocents

PIL –  Abolish Death Penalty

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for

power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

We have utmost heartfelt respects to honest few in judiciary , police & public service. We  SALUTE them. Our effort here is  to bring errant judges , police & public servants to book.

Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is  honesty & integrity  of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police  are inside enemies , traitors and cause more damage to national security  than terrorists , naxalites or  enemy  armies.  Which court dares to hang such  corrupt judges , corrupt police ?

A.        Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding  , abetting  terror don’t deserve humane treatment. One among those terrorists   yakub  memmon responsible for  Bombay  bomb blast  rightly  deserved death sentence.

B.        Dhananjay chatterjee killed an innocent  little girl. He too rightly deserved death sentence.                                                                                                  

Law Regarding death sentence is right , problem lies in it’s  interpretation & enforcement . some of our  corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement  / match fixing is done.  Read  full details with actual cases ……   A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

There is every  possibility of innocent  persons belonging to weaker , vulnerable sections  of society , who cann’t defend themselves  getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges  are NOT Gods. That is why , Judges please don’t play GOD. Please go through  following actual cases fit for death sentences , but with biased view  & under the patronage of powers that be escaped gallows.

2. Question(s) of Law:

Why death sentence  to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?

3. Grounds:

Requests for right , unbiased prosecution , equitable justice for all.

4. Averment:

A.  What action against dawood Ibrahim & tiger memmon ? what  action against ministers , police , film personalities  who have ties with dawood & attended  parties hosted by dawood  @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals  ? biased law enforcement.

B. Why not death sentence to those responsible for  burning Sabarmati express train  passengers ? biased law enforcement.

C.        Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath  state government appealed to higher court seeking death sentence to  perpetrators of godhra riots ? biased law enforcement.

D.       Why not death sentence to those responsible for  murdering RTI activists , whistle blowers  ? biased law enforcement.

E.        Why not death sentence to those responsible for  murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.

F.        Why not death sentence to those responsible for  Bombay riots prior to  Bombay bomb blasts ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.

G.       Why not death sentence to those responsible for  sikh massacre in delhi after assassination of PM Indira Gandhi ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.

H.       Why not death sentence to both  master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.

I.         Why not death sentence  to  STF police personnel  who ran a place called “workshop”  in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan   applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily  constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.

J.         Why not death sentence to police officials responsible for cold blooded  murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary ,  https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india

K.        Why not government pay compensation  to civilian victims  of terrorist acts , riots ? why don’t government pay appropriate  respect , recognition , compensation to police , security , military personnel  who lay down their lives in the line of duty guarding our motherland & our brethren ?

L.        Why lenient punishment  to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.

M.      Why no action against corrupt , criminal judges & police  who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby  protecting the crimianls ? biased law enforcement. Read NOTICE  TO  CJI  http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India  , https://sites.google.com/site/eclarionofdalit/pil---notice-to-cji

N.       Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids  SALWA JUDUM a counter terrorist , anti naxalite outfit  which  is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government  aided tamil terrorists  in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists  in east Pakistan , ultimately creating Pakistan ?  all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives.  Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of  interfering  in other’s affairs  resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing  aid  to terrorists ? biased law enforcement.

O.       Late Mr.Warren Anderson  was  in control  of Bhopal  United Carbide plant , through internal safety checks &  3rd party audits  he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However  ministers , government officials of both state & central governments  without  orders , permission from the court  illegally got him out of jail arranged a special car , special aeroplane  for the culprit to escape from law. Years afterwards , a CJI of supreme court of india   diluted the man slaughter charges against  Mr.Anderson. Why no death sentence to Anderson  responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.

In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time  death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.

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

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

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

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c . to abolish death penalty or to give choice of death to convicts.

d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

Why the Death Penalty should be abolished

The risk of executing innocent people exists in any justice system

There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.

The arbitrary application of the death penalty can never be ruled out

The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.

The death penalty is incompatible with human rights and human dignity

The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.

 

The death penalty does not deter crime effectively

The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.

Public opinion is not a major stumbling block for abolition

Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.

It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA     

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