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DALIT ONLINE – e News Weekly

Spreading the light of humanity & freedom


Editor: Nagaraja.M.R.. Vol.15..Issue.35........01 / 09 / 2019

PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges


An Appeal to Honourable Supreme Court of India , Karnataka High Court & National
Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION


CRIMINAL WRIT PETITION NO. OF 2018

IN THE MATTER OF

NAGARAJA . M.R
editor DALIT ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner

Versus
Honourable Union Home Secretary , GOI

Honourable Chief Secretary , Government of Karnataka & 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:


Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth.
Recently in many high profile cases like Sohrabuddin fake encounter case witnesses
are turning hostile , but courts are not taking action against the responsible police. In few other
cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even
when the accused appeals to judge for his protection from 3rd degree torture by police ,
judge still remands him to police custody. Example Gauri Lankesh case.
2. Question(s) of Law:
Is it not the duty of presiding judge of a case to ensure safety of defendant , accused ,
complainant & witnesses ? When police or others use 3rd degree torture on accused ,
witnesses , etc are NOT such Police & Judge Punishable ?
If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth
from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about
a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity
by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not
police torture former DGP for his involvement in lottery scam ? Why not police torture their
colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture
Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education
trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex
scandal ? All for eliciting truth. Why NOT ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of
poor prisoners. Prosecution of corrupt judges , police & jail personnel.

4. Averment:
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 cases to perform
their duties.

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 , GOI ,
Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail
Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert
committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail
personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in
torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to
ensure food , health care , recreational facilities , parole on an equal footing to all prisoners
without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state
governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state
governments pay compensation to prisoners who spent years behind bars , finally acquitted by
courts and in the case of prisoners who spent more years in jail than the quantum of
punishment codified in IPC due to prolonged case trials. In both such cases afterwards state
government must recover money from respective presiding judges , investigation officer &
government legal prosecutor.
h. Hereby , I do request the honorable supreme court of India to order Government of
Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally
prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the
presiding judge of the case who failed to do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either
now they are under police threat, pressure &are lying orelse years back they were under
police threat , pressure and lied previously. Either the present police are guilty or the previous
ones. Therefore honourable court must first prosecute responsible police for criminal charges
of covering up crime, cheating & misleading the court , contempt of court. Also
the advocates of case at that time who together with guilty police mislead the court must also
be prosecuted for the same criminal charges. Above all the judge who failed to protect
witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of
ruling elite who always wins.

j. to order state police , central intelligence to subject the police officials , judges also to 3rd
degree torture methods when they face allegations of corruption , illegalities , to elicit truth just
as in the case of commoners. FAIR JUSTICE.

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

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

Dated : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.

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

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 ?
Scrap police torture: Amit Shah

The home minister said forensic evidence was the need of the hour for police investigators to
clinch convictions

Shah proposed a paradigm shift in the approach to policing and called for a countrywide
consultative process to make changes to the IPC and the CrPC(PTI file photo)

Union home minister Amit Shah on Wednesday stressed the need for police reforms and suggested that the
force do away with the age-old third-degree torture and adopt more scientific and new methods of
investigation to stay ahead of criminals.
Speaking at the 49th foundation day celebrations of the Bureau of Police Research and Development (BPRD),
the home minister said: “This is not an era of third-degree (torture) and the police need to adopt scientific
methods and (study) forensic evidence for investigation to nail criminals. Police must think four steps ahead of
criminals and criminal-minded people.”
Advocating police reforms, Shah said the conviction ratio in criminal cases in the country was “very pitiful”
and age-old policing techniques such as third-degree torture and phone tapping would no longer help curb
crimes or secure convictions.
The home minister said forensic evidence was the need of the hour for police investigators to clinch
convictions.
Shah drew a distinction between police reforms and reforms in policing, and urged the BPRD to take the lead
in the latter.
Shah proposed a paradigm shift in the approach to policing and called for a countrywide consultative process
to make changes to the IPC and the CrPC.
He announced that a police university and a forensic science university would be set up at the national level.

Physical Abuse, Electric Shocks and Torture: What a


Supreme Court Ordered Study Found in Haryana
Jails

The methods of torture stated in the report include verbal abuse and slapping, as well
as more extreme methods such as giving electric shocks, water boarding, sleep
deprivation, harm to sexual parts of the body.

Allegations of “degrading and inhuman treatment, including torture, during


police remand” have surfaced in Haryana prisons in a Supreme Court-ordered
report on prison conditions in India.

The report, Inside Haryana Prisons, was commissioned by the Haryana State
Legal Services (HSLS) in compliance with a 2013 order passed by the apex
court in ‘Re: Inhuman Conditions in 1382 Prisons’ and was prepared by the
Commonwealth Human Rights Initiative (CHRI) after interviewing 475
prisoners across 19 prisons in the state.

“Out of 475 inmates that the CHRI team interacted with, 227 (47.78%) said
that they had been subjected to degrading and inhuman treatment, including
torture, during police remand. Inmate narratives and their testimonies of
torture revealed to us details of the methods and techniques used by the
police,” the report stated.
The methods of torture included verbal abuse and slapping, as well as more
extreme methods such as giving electric shocks, water boarding, sleep
deprivation, harm to sexual parts of the body, it added.

The report further observed that “Regrettably, some of these methods


(beating the soles of the feet with a baton, water boarding, hanging upside
down, and rolling baton on the thighs, giving electric shocks, etc.) don’t leave
visible marks on the body, which makes it difficult for victims to prove it.”

One such case of torture was reported by Jasjeet*, who is currently under trial
at the Ambala central jail. During the eight days of police custody, Jasjeet was
subjected to “severe forms of physical abuse, which included being given
electric shocks, repeatedly being beaten with a slipper on his head, and
having water forced up his nostrils”.

News18 spoke to Abhishek Jorwal, Superintendent of Police, Ambala, who


outrightly denied these allegations.

“There are quarterly and monthly inspections by a High Court-appointed


judge; there are visits by the Chief Judicial Magistrate as well. Before the
accused is sent to judicial custody, the local police submits a report to the
District Magistrate, never has any inmate told them anything. Many inmates
sneak in drugs and mobile phones into the prison. They even conduct
organized crime from inside the prison. They could say anything they want,”
he said.

The official, who has been in charge of the Crime Investigation Agency (CIA)
unit of the state police since 2017, maintained that when the police
interrogates the accused they do not treat them inhumanely. “We feed them,
we take their utmost care. There is no form physical violence on the accused
like one sees in the movies. But, we do take the interrogation of the accused
seriously.”

“Criminals know all ways to escape the scrutiny of the judicial system. So,
during police remand we have to put them through tough questioning and
cross questioning,” he said.

However, Justice Pramod Goyal of the HSLS, who was closely involved in the
making of the report, told News18 that while the allegations of torture have
surfaced, it is difficult to validate them at the present stage.
“The allegations are not made with regards to the inmate’s confinement in
prison. These allegations are prior to their coming to the prison. The police
may say that these findings are beyond the scope of the study. The police
may not be ready to give information with regards to CIA staff,” he said.

Prison Conditions and Facilities

The CHRI study was commissioned after the Punjab and Haryana High Court
constituted a committee to prepare a framework covering eight key aspects of
prisons. Some aspects, which do not meet national and international
standards as laid down by the 1894 Haryana Jail Manual, have been
highlighted in the report.

In terms of administration and infrastructure, eight of the 19 jails have prison


populations well within their official capacity. Overcrowding ranges from 170
per cent in Rewari to 22.8 per cent in Panipat.

Most jails have also given less significance to aspects like health and well-
being. While all prison hospitals are equipped with medical equipment,
specialised doctors such as dentists, gynecologists, dermatologist,
psychiatrists and psychologists remain absent.

The practice of medical examinations at admission into the prison is followed


across all prisons in the state. However, “Since only a few prisons use the
National Human Rights Commission’s ‘Proforma for Health Screening of
Prisoners on Admission to Jail, the inmates complained that injuries resulting
from alleged torture would never be documented in the said proformas,” the
report noted.

A study into the mulaaqats or visitation hours of family members in prisons


revealed that some prisoners are “unable to meet their families because
Aadhar cards have been made mandatory as identification proof of visitors
and people without these are not allowed.”

The report further posited a list of recommendations based on the findings of


the study. Justice Pramod Goyal of the HSLS told News18 that they are in the
process of adopting these and an Action Taken Audit has been put in place to
initiate that.

“Higher authorities will surely take cognizance of this report. We will send this
report to all stakeholders including the police. It will be done within a day or
two. Every stakeholder or department will look into the report as per their
jurisdiction. We are proposing the audit to ensure that every stakeholder has
taken note of the report, has taken action on it and whether the action taken is
sufficient,” he added.

PIL – Compensate Prisoners illegally detained


An Appeal to Honourable Supreme Court of India , Karnataka High Court & National
Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION


CRIMINAL WRIT PETITION NO. OF 2017

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 Secretary , Government of Karnataka & 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.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of
society and 2/3rd of prison population comprises of undertrials. Are not there any
criminals among rich , affluent and forward castes , majority community ? It proves the bias ,
prejudice of police , establishment. There are good , honest people as well as
criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals
among the police force , judiciary , parliament , but due to their caste , financial clout escaping
from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till
proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in
rooms resembling pig stays . whereas accused from rich / influential back grounds are given
separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison
authorities discriminates here also. Former ministers who looted crores of rupees from
public exchequer , corporate persons industrialists who have cheated public , public banks of
crores of rupees are given royal treatment , get best food , health care where as an ordinary
pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background
, while allotting prison cells , food , visitor facility , parole , mandatory work , recreation
facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get
everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their
empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails
are reform centre , where everyone should treated equally in all respects. By practicing
discrimination jail authorities are promoting small time criminals to commit bigger crimes to
get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court
judges are acquitted by higher courts. However due to this wrong conviction of innocents , the
innocent person is deprived of his life & liberty for years , decades. But the
culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their
crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure
his safety , health care and to see that prisoner gets right punishment as per law. Here our
judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting
in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India /
NHRC judges also jointly become responsible for the crimes against those illegally
imprisoned and SCI judges are also equally responsible to pay compensation from their
personal pockets.

2. Question(s) of Law:

Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees ,
both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the
constitutional duty of a judge who has awarded jail sentence to an accused / a convict
, to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor
whether the convict is getting right punishment as per law nothing less nothing more ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of
poor prisoners. Prosecution of corrupt judges , police & jail personnel.

4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

Aeroplane Rides for Corrupt Police Corrupt Judges


https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-
judges ,

Traitors in Judiciary & Police


https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,

Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST Answer Judges Police


https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

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 cases to perform
their duties.

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 , Government of
Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail
Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert
committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail
personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in
torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to
ensure food , health care , recreational facilities , parole on an equal footing to all prisoners
without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state
governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state
governments pay compensation to prisoners who spent years behind bars , finally acquitted by
courts and in the case of prisoners who spent more years in jail than the quantum of
punishment codified in IPC due to prolonged case trials. In both such cases afterwards state
government must recover money from respective presiding judges , investigation officer &
government legal prosecutor.

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

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

Dated : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,


HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL
,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
WhatsApp 91 8970318202

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