DALIT ONLINE – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.14..Issue.26........30 / 06 / 2018

PIL – Witness Protection Sohrabuddin Fake Encounter Case , Gauri Lankesh

Case

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 3 rd degree torture methods on suspects to fit
them in the cases. Even when the accused appeals to judge for his protection from 3 rd
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 3 rd degree torture on accused ,
witnesses , etc are NOT such Police & Judge Punishable ?
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 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 : 26th June 2018 …………………. FILED BY: NAGARAJA.M.R.

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

Editorial : Corrupt Judges & 5 Star Jails

- Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case who issues arrest warrant against a person , who

rejects the bail plea of the accused and the judge who remands accused to police

custody / judicial custody is fully responsible for safety , human rights of the prison / jail

inmates. Use of 3rd degree torture is rampant in jails and in all such cases , respective

presiding judges must be made to pay compensation from their pockets and judges

must be charged for AIDING & ABETTING THE MURDER ATTEMPT on prisoner by

jail / police authorities.

In the same way , it is the duty of the presiding judge who convicted or remanded a

person to jail , to ensure whether the person is getting RIGHT PUNISHMENT as per

law whether less or more in jail and to ensure right punishment for him.

Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying

luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment ,

3rd degree torture within jail which are not permitted by law / judgement.

This can only happen with the connivance of corrupt judges & police. Why not

legal prosecution of corrupt judges & police and putting judges , police behind

bars ? Are the JUDGES & POLICE above Law ?

Presiding Judge who convicted Sasikala & Police fully responsible for 5 Star
Jail life of Sasikala & Ilavarasi Watch :

https://www.youtube.com/watch?v=zS3JvO8ys-g ,

https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,

https://www.youtube.com/watch?v=_0pUTMYwyFA ,

https://www.youtube.com/watch?v=vveQcSvzUx8 ,

https://www.youtube.com/watch?v=n8ryW-ePAUU

Are CJI & Supreme Court Judges sleeping or conniving ? Anyway SCI
Judges get lakhs of rupees salary , 5 star bungalow , car , etc even if does
duty properly or improperly.

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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