S.O.

S e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJA.M.R VOL.7 issue.46 .13/11/2013

Judge accused of molesting 2 rape survivors in UP

A sitting judicial magistrate sexually assaulted them UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls alleged that when they went to the magistrates chamber to give their statement, he allegedly made them strip and molested them. One of the girls is a minor and the police have filed a complaint. The girls also claimed that the judge threatened them to not speak of the incident to anyone. Lawyers and the general public in Gonda launched a protest against the judge.

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible
A law graduate who recently blogged about how a retired Supreme Court judge sexually assaulted her while she was his intern, says that the problem is real and not uncommon amongst the judiciary and senior bar but that she sees few if any ways of tackling it. Stella James, who graduated from NUJS Kolkata this year and now works at the NGO Natural Justice, Lawyers for Communities and the Environment, wrote about an alleged incident of physical, sexual assault by an unnamed, retired Supreme Court judge in late 2012. In a post that was published on the blog of the NUJS Journal of Indian Law and Society on 6 November, she wrote about trying to come to terms with her experience of 24 December 2012, Christmas Eve, ironically against the backdrop of the then-ongoing Delhi gang rape protests: In Delhi at that time, interning during the winter vacations of my final year in University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed

diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather. I wont go into the gory details, but suffice it to say that long after Id left the room, the memory remained, in fact, still remains, with me. Frankly I was really shocked, James tells Legally India in an interview today. Theres this thing: a person who is a Supreme Court judge - you dont expect a Supreme Court judge to harass somebody. However, she says that her experience was neither uncommon, nor merely restricted to the judiciary: Ive heard of three other cases [of sexual harassment] by the same judge and I know of at least four other girls whove faced harassment from other judges - not perhaps as [bad as mine]: most of them were in the chambers of the judge and other people around, so it never gets too bad. A girl I know faced continuous sexual harassment throughout and sexual advances, and actually faced troubles through her work because of it. And she says shes heard of Supreme Court senior counsel who have made passes at or have continuously harassed interns for longer periods. And though it is barely, if at all, known outside legal circles, it is a bit of an open secret or a big joke within the profession, particularly among clerks and women working in the Supreme Court, according to James. People in the Supreme Court kind of know, she says. I did my internship through the college [recruitment process]. After beginning to share her experience with others in college, however, James found that others had also faced similar problems with the same judge. James reasons for not going public with the name of the judge or not lodging a formal complaint are complex, both morally and practically. On the one hand, she wrote in the blog post: I bore, and still bear, no real ill-will towards the man, and had no desire to put his lifes work and reputation in question. On the other hand, I felt I had a responsibility to ensure that other young girls were not put in a similar situation. But I have been unable to find a solution that allows that. Despite the heated public debates, despite a vast army of feminist vigilantes, despite new criminal laws and sexual harassment laws, I have not found closure. The lack of such an alternative led to my facing a crippling sense of intellectual and moral helplessness. Id worked for him for six months and he treated me really well for six months and has been really kind to me, James explains. It was rather strange to me but I havent really forgiven him for it [But] I dont know if I want to let myself - my impression of him as a person - be entirely dictated by that act My leeway to him isnt because hes had a shining career and all that - part of it is that [but] Im not really sure I want to ruin somebodys entire life because of that. Once it gets out in the open that hes harassed other girls, James says, people will only look at him in that light. However, James admits that one other strong reason, which was not really touched upon in her blog post, was concern about whether legal action would even have any effect. James had managed to reach two of the other young women who were harassed by the same judge but neither were willing to come forward in public, mostly out of fear. They dont really want to jeopordise their careers, James relates. Hes a Supreme Court judge. If its going to be his word against our word, hes got more credibility, so to speak, of his words. And she adds that if she by herself had wanted to take legal action, it would probably not have been possible. There were no other witnesses, it was just me. It was a hotel room, [people] saw me walking in voluntarily, saw me walking out very calmly. I didnt even walk out [with] fear. At that moment I felt I needed to walk out very calmly. I never mentioned anything the same day to anybody.

Apart from the evidentiary difficulty in proving the crime, the more serious problem for lawyers is perhaps inherent in the profession itself. James said she had never heard of any official harassment complaints within the legal profession or against any judges. And while Legally India understands that sexual harassment complaints are at times made in law firms, most are handled very delicately and quietly, with the firm encouraging informal resolution. In courts, it is even worse, speculates James, in that there is usually no one you can realistically complain to, unlike in a company or college structure where harassed by a boss or lecturer, for example, and where she would have taken formal action in a similar incident. Of course you can file a criminal complaint [against a judge or lawyer] but thats a whole different level. And it is also likely to impact your career. I know a friend of mine who was sexually harassed at the Karnataka high court, says James. That friend wasnt keeping it a secret and telling lawyer friends about why she left the job with that senior, and for two months afterwards she wasnt able to find a job at the same court, being asked about the incident in interviews after it dripped through the courts grapevine (she eventually found a job after deciding to evade the issue at interviews). The mindset in such cases often is, she created trouble for him, shell create trouble for us, speculates James. She says she was also skeptical about the Supreme Courts recently started sexual harassment cell and guidelines improving matters considerably. It is often one persons word against another persons word, and a lot of people tend not to take the word of a young lawyer against a senior advocate whos made his reputation for 10 to 15 years. There is a balance of power thing going on here. The only thing that James has been able to do, other than write the blog, is discuss the incident with members of her alma mater, possibly de-listing the judge from the recruitment process so that others are not exposed to similar experiences. While James does feel that colleges have a responsibility to protect their students, she acknowledges that it could be difficult. The judge in question has been closely associated with her former college for a while by giving lectures and regularly taking on research assistants, so whether faculty can take unequivocal action is not certain. Nevertheless, James says that potentially recruitment committees of colleges could make a difference. I think at least there should be some way, if not publicly then at least privately, kids who go intern with a judge should know that this has happened before. James says that she was able to come forward, albeit without disclosing names, because of her choice to work with an NGO with a possible view to entering academia at some point in her career. I was a little afraid, she admits. The other friends Ive spoken about, they are in positions where these judges play an important role [at the Supreme Court or teaching in a college and they] are afraid of jeopardising their careers. I dont have such concerns here at Natural Justice - I have a team thats incredibly supportive, and three colleagues were first to read the blog post [before publication]. For me, the great thing is that Im in an organisation where I know that if I come out in public about it, we are 25 people, and Im pretty sure Ill have the entire team behind me. That lawyers elsewhere are unlikely or unable to protect their own from sexual harassment, is a problem the profession will have to deal with sooner rather than later. Update 12 November: The Chief Justice of India has decided to institute a three-member

judicial committee to probe the allegation.

JUDGE SENDING OBSCENE SMS TO WOMEN

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun Pramod Kumar Gangwar was accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR lodged by the victim while Gangwars name surfaced in the primary investigation. Registrar General Dinesh Gupta said, The district judge of Budaun has been asked to send a detailed report into the allegations. Appropriate action would be taken on the basis of the report. District Judge Suresh Kumar Srivastava said, I have asked the Bareilly district police to send a report about the matter. The report on the basis of the police inquiry would be sent to the Allahabad High Court Registrar General. I am not aware about the matter, as the Bareilly police did not intimate me before initiating the probe against the civil judge. They should have informed me when they had received any such complaint, the judge added. Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the statement of the victim. I have collected the call details of the cellphone used for sending the SMSes, but I have yet to get the address of the person who is subscriber of the SIM card, he said. The probe is on to verify if the accused in the case were present on the location recorded in the call details when the SMSes were sent. The details of the findings of the investigation would be sent to the Budaun district court to seek the direction, the CO added. Asked if the investigation was earlier conducted into the matter, Raj Kumar said, The SP (Crime) had initiated probe into the matter, but I am not aware if the investigation had reached to any conclusion. The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta. The preliminary inquiry into the case by the police yesterday had found that the mobile phone used in the crime belongs to the civil judge.

IB confirms Mysore sex scandal

The Intelligence Bureau has provided the Centre with a detailed account of the escapade involving three Karnataka High Court judges on November 3 in a resort on the outskirts of Mysore, highly placed sources told The Times of India on Friday. According to a senior official, Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match. The incident was widely reported in the media. What has surprised the Centre is the dogged refusal of the Karnataka police to confirm the incident. Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot, says the source. What transpired at the resort, says the source, cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law. According to him, The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position? In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court. While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident. However, the source says that now the government is worried about the appropriate remedial measures. In such cases, transferring a judge to a remote high court doesnt always work. He says, Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jains proposal to transfer the three judges of the Karnataka High Court. The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for follow-up action. Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy, it said in a statement. The BCI has lamented inaction in this case by the higher judiciary and the government. Read more: IB confirms Mysore sex scandal The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU

Lokayukta: DC demanded sex from widow

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager, the Karnataka Lokayukta on Saturday made a startling revelation that the state government was shielding a top bureaucrat who had demanded sexual favours from a young widow. Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for discharging his duties as public servant, has since been promoted to a senior position. Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office Saturday afternoon, said the unnamed widow had dared the deputy commissioner and approached the Lokayuktas office with a complaint against the officer. On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to the state government the suspension and prosecution of the DC concerned. The recommendation was subsequently considered by the concerned department head as well as the chief secretary and both endorsed it. But, according to Justice Hegde, no action was initiated against the DC as the same official who had endorsed the recommendation subsequently found no basis for initiating departmental action against him. Instead, the official cleared the DCs name for promotion in the super-scale. Presently, the official holds a senior position in the government. The widow, in her late 20s, had approached the DC with a representation to sort out some problems. But she was shocked when the DC demanded sex. Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name the district where the official was serving as deputy commissioner. But the incident has happened sometime in the course of last three years as Justice Hegde took over as the Lokayukta in mid-2006.

3-year jail term for dirty judge

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in 1997 Family court judge Ramrao Gangaram Bhises attempts to extract sexual favours, in addition to a bribe, from a housewife, Alka Gaikwad who had sought an increase in her monthly maintenance allowance from her estranged husband, in 1997 proved costly to him. Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB) matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000, on Monday. According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn, filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per month. Subsequently, in January 1997, Alka filed another application before the same family court (now presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. On October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone number, asking her to call him when the court hours ended. He told her that he would ask her husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she called him up, the FIR states. When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the following evening. Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the permission designated a court official to bear witness to the events leading to the trap. Alka, under video camera surveillance of ACB sleuths, along with the court official and other women witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alkas wrist and when she protested, repeated his demands, the FIR states. Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But before he could do anything else, ACB sleuths swooped in and arrested him.

Rajasthan judge is indicted for seeking sexual favours

Chief Justice of India G B Pattanaik retires tonight and he doesnt have much to write home about on the unprecedented drive he launched to enforce judicial accountability. After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the Rajasthan judge who has been indicted in a sex scandal and yet has escaped actionpending another inquiry. On December 14, a three-judge committee set up by Pattanaik confirmed the involvement of Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex with him in exchange for a judicial favour. The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the woman concerned, Sunita Malviya. But Pattanaik has not announced any action against Madan. When contacted by The Indian Express, Pattanaik confirmed that the committee had indicted Madan and his bad reputation in seeking sexual favours in return for judicial ones. However, Pattanaik said that no action was being taken since the committee had also mentioned allegations of corruption against Madan. And so he had ordered a further inquiry by the same committee into the corruption charges. When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, That is on hold because I could not have taken piecemeal action against him.I am praying to God that the final report will give some tangible material to take action. Highly placed sources told The Indian Express that when the committee recorded statements last week in Jodhpur of about 30 persons over four days, it also came to know of several allegations of corruption against Madan and another judge of the same high court. The committee put these on record as well. Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex scandal issue and instead limited himself to saying that he was ordering a further inquiry into corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare. The gist of Malviyas complaint is that Madan made a sexual proposition to her in October through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help her, in turn, get out of a criminal case booked against her. With this, Pattanaiks much-touted in-house judicial accountability seems to have hit a wall. The first committees report into the PPSC scam exonerated one judge despite evidence and let two others off with a mere slap on the wrist. The third committee is now busy probing the involvement of judges in the Mysore sex scam.

Ten reasons why criminals in khaki get away Siddharth Varadarajan

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and footsoldiers who help and support him. We need to take them all down. S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must never forget that he was able to get away with the sexual molestation of a young child and the illegal harassment of her family for 19 years because he had hundreds of men who supported him in his effort to evade justice. The fact that these men fellow police officers, bureaucrats, politicians, lawyers, judges, school administrators were willing to bend the system to accommodate a man accused of molesting a minor speaks volumes for the moral impoverishment of our establishment and country. Decent societies shun those involved in sexual offences against children. Even criminals jailed for `ordinary' crimes like murder treat those serving time for molesting children as beyond the pale. But in India, men like Rathore have their uses for their masters, so the system circles its wagons and protects them. The CBI's appeal may lead to the enhancement of Rathore's sentence and perhaps even the slapping of abetment to suicide charges, since his young victim killed herself to put an end to the criminal intimidation her family was being subjected to by Rathore and his men. But the systemic rot which the case has exposed will not be remedied unless sustained public pressure is put on Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have it in their power to push for simple remedies in the way the Indian law enforcement and justice delivery system works. First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and security forces personnel when they are accused of committing crimes. The original intent behind this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of discharging their duties in good faith. Somewhere along the line, this has come to mean protecting our custodians of law and order when they murder innocent civilians (eg. the infamous Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five villagers in 2000 still cannot take place because the Central government will not grant permission), or assault or molest women and children. No civilised, democratic society grants such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how they had wanted Rathore prosecuted but were prevented from doing so because of pressure. Such officials should either be made formally to testify in a criminal case against the politicians who so pressured them or they should themselves be hauled up for perverting the course of justice.

Second, stop talking about how making the police and army answerable to the law will somehow demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or the morale of upright police and army officers, who do not think it is right for their colleagues to be able to get away with criminal acts? Third, bring an end to the cosy relationship between the police and politicians. Rathore was protected by four chief ministers of Haryana. He served them and they served him by ensuring his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating back to 1861. A number of commissions have made recommendations for reforming the police over the years; but no government or political party wants to give up its ability to use and misuse the police for their own benefit. Fourth, ensure that police officers who abuse their authority and engage in mala fide prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr. Chidambaram should use the considerable resources at his command to find out who were the policemen involved in filing 11 bogus cases against the teenaged brother of the young girl Rathore molested. He should then make sure criminal proceedings are initiated against all of them. The message must go out to every policeman in the country: If you abuse the law at the behest of a superior, you will suffer legal consequences. Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a matter of routine so that a powerful defendant is not able to use his position to delay proceedings the way Rathore did for years on end. The destruction or disappearance of material evidence in such cases must be treated as a grave offence with strict criminal liability imposed on the individual responsible for breaking the chain of custody. Sixth, empower the National Human Rights Commission with teeth so that police departments and state governments cannot brush aside their orders as happened in the Rathore case. This would also require appointing to the NHRC women and men who have a proven record of defending human rights in their professional life, something that is done today only in the breach. The attitude of the Manmohan Singh government to this commission and others like the National Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies are not filled for months on end. Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual crimes, including sexual crimes against children. Between rape, defined as forced penetrative sex, and the vague, Victorian-era crime of `outraging the modesty of a woman', the Indian Penal Code recognises no other form of sexual violence. As a result, all forms of sexual molestation and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the judge did not even hand down the maximum sentence, citing concerns for the criminal's age. Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to distinguish between `outraging the modesty' of an adult woman and a young child. A draft law changing these provisions and bringing India into line with the rest of the modern world has been pending with the NCW and Law Ministry for years. Perhaps the government may now be shamed into pushing it through Parliament at the earliest. Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate that the family of Rathore's young victim had to endure is testament to the fact that people who seek justice in India do so at their own peril. Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used against other alleged criminals, are also employed against police officers accused of crimes. Tenth, the media and the higher judiciary must also turn the light inward and ask themselves whether they were also derelict in their duty. The Rathore case did not attract the kind of constant media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is too patchy to inspire confidence. It was, after all, the high court which chose to disregard the CBI's request for including abetment to suicide charges. Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of Haryana, custodians, sexual violence, NHRC

Porbandar judge accused of dowry harassment Press Trust of India : Rajkot, Mon Jan 24 2011, 05:28 hrs

A complaint has been filed against District and Sessions judge of Porbandar for allegedly harassing his daughter-in-law for dowry, police said here on Sunday. Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the police added. Darshana married Kinnar two years ago. Her complaint says that she was harassed from the beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10 lakh as dowry. She has also alleged that she was thrown out of the house a few months back, and her husband is now seeking divorce, the police said. Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against the judge and others. He said that action will be taken after verifying the complaint. This is the second complaint related to dowry harassment filed against a judge in the state in the recent past. Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her daughter and the judge's wife committed suicide.

Gurgaon judge to also face dowry harassment charge

Gurgaon's Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also face dowry harassment charge, police here said Monday. Police have issued notices to the CJM's father K.K. Garg and mother Rachna Garg, who have also been named in the dowry harassment case. The CJM's father reached here Monday morning from Haryana's Panchkula town and contacted police, who wanted to question him.

"We had called CJM's parents...K.K. Garg was questioned by special investigation team (SIT)," Gurgaon Police Commissioner Alok Mittal said. Mittal said on the basis of written complaint filed by the parents of the CJM's wife Geetanjali, penal sections of dowry harassment and extra-marital affair were included in the FIR lodged against the CJM Saturday. Geetanjali, 24, bore three bullet wounds - on her chin, chest and stomach - but no bullets were found in her body that was recovered here Thursday. The CJM's licensed firearm was found near the body, police said. Mittal said two bullets were seized from the scene of crime and would be sent for ballistic examination Monday, a day after ballistic experts examined the crime spot. "The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government allotted house here in the Officers Colony," said Mittal. "We have asked CJM to produce supporting evidences to prove his statement," he said. The CJM allegedly said that his driver and domestic help may throw some light on his wife's death. Judge Garg's in-laws alleged that two cars were provided to the accused on his and his family's demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in school in May. Geetanjali's brother Pradeep Aggarwal Saturday lodged a first information report against Garg and his parents, accusing them of murder. "Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered two baby girls (now aged around four and a half and three years)," Aggarwal said in his complaint. He demanded a probe by the Central Bureau of Investigation (CBI) into his sister's murder.

Editorial : JUDGES & SEXUAL CRIMES

At the outset , we express our whole hearted respects to the honest few public servants in public service including judiciary. However, the corrupt in public service dont deserve respect as individuals as they are parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term JUDGE mentioned throught includes all public servants discharging judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith , we once again appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES have legal immunity with respect to their official duties, official actions but not their individual actions amounting to CRIMES.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot- free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too of apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to committ more crimes. that is exactly what is happenning in india. the educated public must raise to the occassion & peacefully , democratically must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM. Read Is CHIEF JUSTICE OF INDIA above LAW ??? https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law ,

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible

Yours Sincerely , Nagaraja.M.R.

Private Sector Its obligations to Dalits

-- By Rajindar Sachar A lively but in my view, ill-informed, discussion is taking place in public on the question of job quota in the private sector. The controversy has become sharper by the weight of legal opinion of the Attorney General that it was not possible to provide reservation for SCs and STs in the private sector without amending the Constitution. I have my reservation on the correctness of this view. I realize that emphasis is made on job quota possibility because of our feudal and hierarchical social system which puts a job in an office whether in private or public sector as the highest achievement. However, I feel that though emphasis on job may be kept up, the real battle dalits need to fight is to have a share in the expanding business opportunities and that too in proprietary capacity. It is in this context that I put forward an alternative which is immediately available and which can give more affluence, recognition and opportunities to dalits not only for jobs in private sector but for expanding the opportunities to share in the growth of Indian economy, and that too without amending the Constitution. It is well known that Central and State Governments award thousands of crores worth of public works and contracts to the private sector. All these activities flow from the Government playing a very crucial and significant role either to make a particular avenue open to the private sector like the privatization and modernization of airports, express highways Public Works Department, Delhi Development Authority (DDA), Delhi and similar ones in number of other States for roads or even construction of Govt. properties which are to be executed by the private contractors. I am of the view that if proper steps available even under the present legal set up are taken, a very large segment of dalits population can be absorbed and can take benefit of the rising economy. It is in this context that a reference to USA legislation called the Public Works Employment Act of 1997 would be apt. That Act had a minority business enterprise clause which provided that 10% (minority population of USA) of the federal funds granted for local public works projects must be used by state and local grantees to procure services or supplies from business owned and controlled by minority group members, the latter being defined in the Act as United States citizens who are Negroes, Spanishspeaking, Orientals.. This provision was challenged as denying an equal protection clause provided under the 14th amendment of the US Constitution (from which Article 14 of our Constitution has been adopted). The Court upheld the validity of the legislation as it contained provisions designed to uplift those socially-economically disadvantaged persons to a level where they may effectively participate in the business mainstream of USA economy. The arguments raised as to why the private contractors should be compelled and limit their choice in this particular manner as to from where the supplies will be received and whom they will sub-contract was rejected, by holding that legislation When effectuating a limited and properly tailored remedy to cure the effects of prior discrimination, such a sharing of the burden by innocent parties is not impermissible. Question of constitutional objection is totally off the mark. After 44th amendment Right to Property is no longer a fundamental right. Only Parliamentary legislation is necessary to deprive a person of it without compensation. It is also well settled that Article 19 confers no right on an individual to carry on business with the Govt. if it wishes it has to be on terms settled by Govt. As such, no objection can be taken by the private sector to the provision making it incumbent on it to share proportionately with Dalits the funds given to it by the Govt. or local body agencies. Similarly, governments could prescribe conditions as a part of scheme of disinvestment of public sector. It would then be permissible for the Central and State Governments to

provide that out of these amounts the private contractor will have to ensure that a certain percentage which, to start with, could be fixed at 10% (though it is low as compared to the dalits population of 15-16%) to be made available to them either in the matter of subcontracting or executing some works or in the matter of employment. Such a course would require not only no constitutional amendment but not even an Act of Parliament. The reason being that the Government, being the spending authority, it is permissible for it by executive orders to direct that a certain portion of this money available will be utilized either for providing employment or for sub-contracts to the dalits. This is what was done in USA and which while upholding the said legislation very eloquently observed if we are ever to become a fully integrated society, one in which the colour of a persons skin will not determine the opportunities available to him or her, we must be willing to take steps to open those doors. The same principle aptly applies to the position of dalits in our country. Our Supreme Court has held that economic empowerment of the poor, in particular the Scheduled Castes and Scheduled Tribes, as is enjoined under Article 46, is a constitutional objective as basic human and fundamental right to enable the labourer, Scheduled Castes and Scheduled Tribes to raise their economic empowerment. I see no reason why our Supreme Court which is far more progressive and poor-oriented than the USAs Supreme Court, will not reject similar challenge. But of course the overriding question still remains is there a political will and determination in the Central and State Governments to take on the combined forces of Big Business. I am convinced that it is not only jobs but business opportunities that need to be opened to Dalits, to make a real change in their social and economic set up.

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