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S .O.S - e - Clarion Of Dalit - Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R

VOL.05 issue. 47

23/11/2011

There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts.

- Mahatma Gandhi

Editorial :JUDGES MURDERING JUSTICE

SHAME to Chief Justice of India & Others

http://sites.google.com/site/sosevoiceforjustice/shame-to-chief-justice-of-india ,

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http://www.karnataka.com/govt/corruption/news.html

Indian Corrupt Judges

http://indiancorruptjudges.com/ ,

http://www.corruptioninindia.org/IndianJudiciary4.php ,

http://www.corruptioninindia.org/

The need for a Judges Accountability Bill

By Vicky Nanjappa

Off late there is a lot of talk regarding the necessity to have a Judges Accountability Bill. Evenwhen the Lokpal Bill was being debated the inclusion of judges into this bill was stronglyopposed by the government despite members of the civil society urging the government to makesuch an inclusion.Off late there have been reports galore regarding judges being offered sites or houses under thediscretionary quota of the Chief Minister. Recently there was an expose at the Orissa High Court.Prior to this there were reports from Karnataka and also another report which spoke about howthe Narendra Modi government had offered prime lands to judges of the High Court.The big question is whether judges deserve such treatment from the state governmentconsidering the fact that the government is the biggest litigant before any court in the country? Isthis an illegality or is it corruption?

Justice Santhosh Hegde, former judge of the Supreme Court of India says it is illegal to acceptsites under the discretionary quota. Judges ought to know that while accepting such sites they aresuccumbing to temptation. They have to examine any such offer and find out properly whether itis in accordance with law or not. It is very dangerous to accept such favours since in the days tocome it would hold against themselves.

Speaking of a judges accountability bill, well there is one but it has not come out as yet. This has been loitering around for some years now and it is time that something is done about it. In factwhile we were discussing the Lokpal bill this was one of the primary contentions during thedebate. Either the government had to include it into the Lokpal Bill or make functional the

judges accountability bill. However there was a lot of misunderstanding regarding this. All I saidwas it was not right to leave out the judges when we are fighting corruption. They should includethis portion into the Lokpal bill. However once the Judges Accountability Bill is made functionalthen it could be deleted out of the Lokpal bill. There was no need to keep this in abeyance until

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that happened. When this issue is being argued and fought for the past 44 years then it isimpertive for the government to include it.

Senior Advocate in the Karnataka High Court, Navkesh Batra is of the view that taking sitesunder the discretionary quota is nothing but corruption. First and foremost Judges are not entitled

for a site under this quota. This quota is meant for poor people, outstanding people including judges. It cannot be given as a bul allotment as it amounts to nothing but a sop. When thegovernment is the biggest litigant before any court in India then such a sop does not instillconfidence in the public and it would be better if both the government and the judiciary abstainsfrom such an act. Here I would like to quote the incident involving the great Justice R AJagirdhar of the Bombay High Court. In fact he was the only judge who refused to apply for asite despite a request by the then Chief Minister of Maharashtra. He even went one step further and at a public function when the CM sought to shake his hand he publicly rebuked him bysaying, Mr CM your cases are pending before the high court. As a high court judge I refuse toshake your hand.

http://vickynanjapa.wordpress.com/2011/11/08/the-need-for-a-judges-accountability-bill/

LAND SCAM IN TAMILNADU One for my officer, one for my boy...

Land and property are coveted assets. So why are chief ministers allowed to give these away as favours? JEEMON JACOB tracks how Tamil Nadu Chief Minister M Karunanidhi has beenusing his quotas

IN NOVEMBER, Chief Minister of Karnataka BS Yeddyurappa almost lost his job, due to theuproar over preferential allotment of land and property to his sons and close associates. He hassince cancelled the allotments, asked his children to move out of his official residence, andretained his seat through some deft political manoeuvring and muscle-flexing. At the height of the campaign against him, as political opponents

paraded on apparent moral high ground, TEHELKA published details of plots similarly allotted by previous Karnataka chief ministers, both of theCongress and the JD(S), to relatives, servants,drivers, maids and partymen (LAND SCAM 2.0, 4

December). The purpose was not to make Yeddyurappas wrongdoings look less shocking, but toshow that the problem was endemic and needed rooting out. The right given to chief ministers tohand out public land to a favoured few relatives, bureaucrats, judges, police officers andothers smacks of nepotism and arbitrary feudal power structures that should have no place ina modern democracy. (Though there is no immediate proof of this, some of these allotmentscould also be benami transactions, in which the ultimate ownership remains with the distributor of the largesse, camouflaged by a stack of fake documents.)

ILLUSTRATION: ANAND NAOREM

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This power euphemistically called discretionary quota has even been used to favour allegedly corrupt army officers like General Deepak Kapoor (AT EASE WITH GREASE,TEHELKA, 20 November), who was given a large 500 sq yd plot in Haryana by the Hoodagovernment, which then faced the embarrassment of refusing him permission to sell it off beforefive years had elapsed, as per rules. The plot was given to him by the government as preferential

allotment in recognition for his outstanding achievement.

This week, continuing its campaign against out-of-turn allotments of land and property,TEHELKA has an expos on Tamil Nadu Chief Minister M Karunanidhi. The Tamil NaduHousing Board (TNHB) which commands a large land bank, has a government discretionaryquota (GDQ) under which 15 percent of all allotments can be recommended by the CM.Eligibility for allotment under GDQ is as follows: single/deserted women; widows; socialworkers; physically handicapped persons; defence personnel; ex-servicemen; eminent persons inthe field of science, arts, literature, economics, public administration and sports; freedomfighters; government servants with unblemished service records; employees of PSUs, centralgovernment undertakings and nationalised banks; PF institutions; journalists; university staff;

and employees of local bodies and municipalities.

While some of these categories sound kosher, most of them raise a fundamental question: whyshould the government have the power to give coveted land to select employees and journalistsover others? The only rationale could be proximity which is an untenable reason for being the

beneficiary of political favours, often worth several crores.

Setting this aside, even within the legal ambit of the GDQ, TEHELKAs investigation shows thatmany of the allotments in Karunanidhis tenure have violated the rule book. Many bureaucratsand their relatives have been given plots or flats under the category of social worker. Some of these last did social work when they were in college; many of them claim to be volunteers in

such routine activity as helping in blood donation or eye camps. Many have issued certificates tothemselves; some have acquired letters from the Lions and Rotary Clubs with vagueendorsements. In other violations, the rules say that no one who has any other land or property inTamil Nadu or any other capital city, in either their own or spouse or minor childrens name, canapply for GDQ allotments. TEHELKA found this is routinely violated.

The other brazen violation lies in the claim of unblemished service records as a qualificationfor allotment. When RTI activist V Gopalakrishnan sought a list of such bureaucrats, AdditionalSecretary SSolomonRaj said,As nounblemished government servant certificates are issued, the question of furnishing a list of namesdoes not arise. The additional secretary also clarified that the home department didnt have sucha list. This is the phantom category under which many public servants like Jaffar Sait, 1986 batchIPS officer, now Inspector General of PoliceIntelligence, got large allotments of land in primelocations. Why them more than hundreds of others? Thats a democratic question the chief minister will have to answer.

Many of the allottees issued certificates to themselves, while some got letters from Lions and Rotary Clubs

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[email protected]

Legal Largesse

R BhanumathiServing Judge, Madras High Court

FLAT NOS: MIG 249-250, SHOLINGANALLUR PHASE III, CHENNAIDATE: 30 MARCH 2008SIZE: 120 SQ M & 139 SQ MPRICE: Rs. 27.55 LAKH & Rs. 30.05 LAKHCURRENT MARKET PRICE: NA

VIOLATIONSThe judge was allotted two adjoining plots on the same day (30 March 2008). According to her Disclosure of Assets statement of 2009, the judge already had a house in her name, and another

plot in her husband, advocate K Ganesans name. The house, in the Uthangarai area of Krishnagiri district, was constructed in 1985 on a plot purchased in 1982. The plot of land islocated in Saidapet and was purchased in 1993. She however admits in her declaration that sheowns two plots, which she purchased from the TN Housing Board in 2008. But this allocationwas made under the General Category. Since judges do not come under any of the quotacategories, the governments way of allotting land to them differs from the rest. Judges areinformed about the availability of land. And when they apply for the same, the governmentfacilitates the allotment.

K Raviraja PandianRetired Justice, Madras High Court

PLOT NO: B2/5, THIRUVANMIYUR EXTENSIONDATE: 11 NOVEMBER 2009SIZE: 3,117 SQ FTPRICE: Rs. 68.54 LAKHCURRENT MARKET PRICE: Rs. 3.2 CRORE

VIOLATIONSClose relative of DMK supremo Karunanidhi and the Chairman of the School FeeDetermination Committee. Little wonder then he was also the recipient of special favours whilehe was still a serving judge. At the time of the allotment, the judge owned a 50 percent share in

an ancestral house at Thiruveezhimizhalai village. The judge had also sold a property he ownedat Pazhavatthankattali village near Kumbakonam. The land was purchased in 1991, a house wasconstructed on it in 1992 and sold in 2009. He had also sold the landed property of his wife in2009.

V AmbikaAdvocate

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PLOT NO: A8, KADAPERY, MADHURANTHAGAMDATE: 16 FEBRUARY 2008SIZE: 2,285 SQ FTPRICE: Rs. 4.54 LAKHCURRENT MARKET PRICE: Rs. 15 LAKH

VIOLATIONSThe advocate owned landed property in more than one location when she was allotted the plot

one vacant house site in Karanai Puducheri village and another in Katrampakkam village, inKancheepuram district. Her husband, Justice M Satyanarayanan of the Madras High Court, inhis Disclosure of Assets, stated that he owns a repurchased MIG flat constructed in 1969 atIndra Nagar in Chennai. Ambika was allotted land under the GDQ.

Bureaucratic Bonanza

Jaffar SaitIGP-Intelligence

FLAT NOS: 540, THIRUVANMIYUR, KAMARAJ NAGAR DATE: 23 APRIL 2008SIZE: 4,756 SQ FTPRICE: Rs. 1.26 CRORECURRENT MARKET PRICE: Rs. 6 CRORE

VIOLATIONSAllotted under unblemished government servant category. On 6 June 2008, the government

transferred the ownership of the plot to his daughter Jennifer Jaffar, then a student. Jennifer made two payments of Rs. 46.03 lakh and Rs.1.73 lakh towards cost of the plot. In February2009, she paid another Rs.60 lakh. After having paid Rs.1.07 crore, the ownership of plot wastransferred to her mother Parvin Jaffar. Interestingly, Parvin also made the payment all over again. In October 2009, she paid Rs. 50.64 lakh and then again in November 2009, another Rs.25 lakh was deposited. A further payment of Rs. 51.5 lakh in the same month was made.Income tax officials feel the Sait family made the double payment to avoid an IT investigationon Jennifer, who would not have been able to show any source of income. The Tamil NaduHousing Board then returned the original amount paid by Jennifer. Now, Parvin incollaboration with Durga Sankar, son of an IAS officer, has commissioned a builder toconstruct a multi-storey complex in which 12 flats have already been built. Each flat is

expected to fetch an estimated 1 crore. So, by paying Rs. 1.26 crore in 2009, the IGPs familymade a profit of more than Rs. 5.7 crore.

G PrakashJoint Secretary, Industries

PLOT NO: S6, THIRUVANMIYUR EXTENSIONDATE: 6 MAY 2008

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SIZE: 3,829 SQ FTPRICE: Rs. 76.58 LAKHCURRENT MARKET PRICE: Rs. 4 CRORE

VIOLATIONSThe former district collector of Tirunelveli issued himself a certificate for unblemishedgovernment service.

CK GariyaliRetired IAS, Secretary to Governor at the time of allotment

FLAT NOS: S4, THIRUVANMIYUR EXTENSIONDATE: 7 MAY 2008SIZE: 6,023 SQ FTPRICE: Rs. 1.20 CRORE. PAYMENT WAS MADE IN 33 INSTALMENTS FROM 18 JULY2008 TO 6 MARCH 2009CURRENT MARKET PRICE: Rs. 6.8 CRORE (APPROX)

VIOLATIONSHer husband Dr S Rajakumar has a house in Chennai.

Sumathi RavichandranFormer Regional Passport Officer, Chennai, and close relative of DMK minister K Anbazhagan

PLOT NO: 1050 HIG, MOGAPPAIR

DATE: 28 MARCH 2008SIZE: NAPRICE: Rs. 59.15 LAKHCURRENT MARKET PRICE: Rs. 1 CRORE

VIOLATIONSHer husband Dr S Ravichandran owns a plot. Following an RTI probe, the TNHB issued ashow-cause notice and placed the allotment under suspension.

Political Perks

L GaneshanFormer MP, who left Vaiko to join DMK

FLAT NOS: 1052 HIG, MOGAPPAIR DATE: 27 MARCH 2008SIZE: NAPRICE: Rs. 79.86 LAKH

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CURRENT MARKET PRICE: NA

VIOLATIONSGaneshan is a trade union leader with the DMK and is close to Karunanidhi. He owns propertyin his as well as his wifes name.

Brinda NedunchezhiyanWife of late Chezhiyan and daughter-in-law of Agriculture Minister VeerapandiArumugam

PLOT NO: HIG B 3/14, MOGAPPAIR DATE: 13 MARCH 2008SIZE: NAPRICE: Rs. 9.82 LAKHCURRENT MARKET PRICE: Rs. 45-50 LAKH

VIOLATIONSAllotted flat under Social worker category. The tehsildar of Salem issued her a certificatethough he is not empowered to. The certificate says she is a well-known social worker involved in social welfare activities such as president of Poolavari village panchayat, head of

parent-teachers association, participating in educational programmes of many schools.

S RajalakshmiWife of R Sakkarapani, MLA and DMK chief whip

PLOT NO: 1047, MOGAPPAIR

DATE: 9 MARCH 2008SIZE: NAPRICE: Rs. 79.86 LAKHCURRENT MARKET PRICE: Rs. 3.5 CRORE

VIOLATIONSShe was allotted the flat under the Social Worker category. The supporting document was aletter from a Rotary Club. The letter from PNK Venkatachalapathy, president of the RotaryClub of Oddachatram, dated 31 March 2008, states that she is known to me as a social worker who is participating in social service activities of our Rotary Club at blood donation camps, freehealth checkup camps and other welfare activities. She has also been helping in providing

several other basic amenities for the people surrounding the slum area for the past several years.I wish her every success to do more services to needy people in and around the area.

D YasodhaCongress MLA, Kancheepuram Congress MLA, Kancheepuram

FLAT NOS: A5, HIG, MOGAPPAIR DATE: 19 DECEMBER 2008

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SIZE: NAPRICE: Rs. 59.56 LAKHCURRENT MARKET PRICE: Rs. 3 CRORE

VIOLATIONSA certificate from the Chennai Municipal Councillor stating she has been an active socialworker for the past 40 years actively involved in helping the poor in the area.

Poochi MuruganMember of a DMK trade union

PLOT NO: A 11, THIRUVANMIYUR EXTENSIONDATE: 6 JUNE 2008SIZE: 2,422 SQ FTPRICE: Rs. 58.61 LAKHCURRENT MARKET PRICE: Rs. 2.75 CRORE

VIOLATIONSThough a member of a DMK trade union, he was allotted land under the Social Worker category. Has three plots in his name and one in his spouses name. He has not produced anysupporting document about the social work he has done.

Bharati ThennarasuWidow of Sivagangai politician Thennarasu

FLAT NOS: S7, THIRUVANMIYUR EXTN

DATE: 26 AUGUST 2008SIZE: 3,879 SQ FTPRICE: Rs. 79.13 LAKHCURRENT MARKET PRICE: Rs. 3.75 CRORE

VIOLATIONSShe was allotted the plot under the Social Worker category. An RTI application revealed thatshe had not been engaged in any kind of social work that would make her eligible for thiscategory.

P MoorthyMadurai MLA

FLAT NOS: E2/6, MIG, MOGAPPAIR DATE: 5 DECEMBER 2008SIZE: NAPRICE: Rs. 72.5 LAKHCURRENT MARKET PRICE: Rs. 4 CRORE

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VIOLATIONSAllotted under the Social Worker category on a certificate issued by the Lions Club. Ownsseveral plots in his and his wifes name.

N SooryaDaughter of Brinda Chezhiyan and grand-daughter of Agriculture Minister VeerapandiArumugam

FLAT NOS: B3/13, HIG, MOGAPPAIR DATE: 3 JUNE 2008SIZE: NAPRICE: Rs. 8.99 LAKHCURRENT MARKET PRICE: Rs. 45-50 LAKH

VIOLATIONSLike her mother, the 20-year-old was given a certificate of social work and domicile by thetehsildar of Salem, stating that she is a wellknown social worker who is involved in manysocial welfare activities, such as national social service, participating in eye camp, blooddonation and giving education to poor students. The certificate was issued on 27 February2008, the same day her mother got one. Both got adjoining flats.

Kith and Kin

DeepaDaughter of Devaraj M, Private Secretary to the Chief Minister

FLAT NOS: 543, THIRUVANMIYUR, KAMARAJ NAGAR (PLOT ADJOININGSAITS AND SHANKARS)DATE: 23 MAY 2008SIZE: 4,466 SQ FTPRICE: Rs. 1.08 CRORECURRENT MARKET PRICE: NA

VIOLATIONSAllotted plot under the Social Worker category but theres no evidence to back it. Constructinga three-storey building involving a cost beyond the familys known sources of income. Her husband owns another property in his name. Her plot is adjacent to the plots of IGP-IntelligenceJaffar Sait and Durga Shankar, son of the CMs secretary.

Naveenkumar Son of P Muthuveeran, IAS, who was District Collector, Theni, and close to the Chief Minister

FLAT NOS: 541, HIG, THIRUVANMIYUR, KAMARAJ NAGAR DATE: 27 JULY 2008SIZE: NA

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PRICE: Rs. 1.06 CRORECURRENT MARKET PRICE: NA

VIOLATIONSAllotted flat under the Social Worker category. He works in a software company in Chennaiand submitted a salary slip of Rs. 20,000 per month at the time of allotment. Now, he isconstructing a fourstorey structure on the plot.

J Naveen IbrahimSon of SI Jaffar Ali, IPS (retd)

FLAT NOS: AI HIG MOGAPPAIR DATE: 31 MARCH 2009SIZE: NAPRICE: Rs. 64.95 LAKHCURRENT MARKET PRICE: Rs. 3.25 CRORE

VIOLATIONSAllotted flat under the Social Worker category. Certificate issued relates to 1983, when he wasa student. The college principal says he actively participated in many social activitiesconducted by us. He continues to evince interest in social service activities. Curiously, theEMI of Rs. 74,000 is almost double his monthly salary.

Durga Sankar Son of Rajamanikkam, IAS, Secretary to Chief Minister

FLAT NOS: 538, THIRUVANMIYUR, KAMARAJ NAGAR (PLOT ADJOININGSAITS AND SHANKARS)DATE: 28 MARCH 2008SIZE: 2,450 SQ FTPRICE: Rs. 1.12 CRORECURRENT MARKET PRICE: NA

VIOLATIONSHe is a businessman, but allotted the plot under the Social Worker category. He also submittedan affidavit that the plot would be used for residential purposes. But he violated the conditionsand developed the property for commercial purposes.

The Others

M IlamukilIT Manager, DMK HQ, Chennai

VIOLATIONSAllotted flat under the Social Worker category on a certificate issued by the Lions Club. The

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certificate states that he is participating in social service activities of Lions Club at blooddonation camp, free health camps for the past several years.

IlanthendralIlamukils sister

VIOLATIONSAllotted HIG flat under the Social Worker category on the basis of a certificate issued by a

panchayat, which is not valid.

N KannabiranJunior attendant at the Supreme Court

VIOLATIONSAllotted flat under the Social Worker category. Kannabiran, a Delhi resident, was issued a

salary certificate by the SC registrar for purchasing land in Tamil Nadu. He was allotted on therecommendation of his superior, who has close links with the DMK.

C Ganeshan and C VinothanPSOs, CMs Security

VIOLATIONSAllotted flats under the unblemished government servants category. Documents reveal theSuperintendent of Police, Security Branch, Chennai, issued vague conduct certificates after theduo were allotted the flats provisionally.

P MeenaW/O P Pandian, PSO, CMs Security

VIOLATIONSAllotted flat under the Social Worker category. She produced a letter from MS Velu of theLions Club, who liberally issued certificates for sons and daughters of bureaucrats to help themavail of prime plots allotted by the TN Housing Board out of the government discretionaryquota.

PHOTOS: THE HINDU , JEEMON JACOB

Reactions to Land Scam 3.0

D Yashoda, Congress MLA, Kancheepuram

I have done a lot of work for Dalits throughout Tamil Nadu, especially in Sriperumbudur and Chennai. I have helped them in getting pattas for their land, recommending their namesfor loans from banks, distributing cycles to Dalits on the birthdays of Jawaharlal Nehru and

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Indira Gandhi."

Jaffar Sait, IPS, IG-Intelligence

"Government agencies have already probed the matter. I am being governed by the conductrules, so I should not talk to you about the issue. It is advisable that you seek a response fromthe Tamil Nadu government. I would like to add that if any defamation or liability arises outof your article, necessary legal action would be taken."

P Moorthy, Madurai MLA

"I dont know much about the certificate, I think I got the plot because Im an MLA. I havedone a lot of work in uplifting the people in villages of my constituency. That amounts tosocial work. I dont need a social work certificate from the Lions Club but my friends,

partners and I took the certificate anyway. "

GDQ is a way of making you part of the syndicate

BY JEEMON JACOB

A1990 batch IAS officer, C Umashanker shot to fame during theAIADMK regime when he exposed a scam in the construction of sheds in a cremation ground under the Jawahar Rozgar Yojana whenhe was additional collector in Madurai. His brush with AIADMK supremo J Jayalalithaas partymen resulted in his transfer out of thedistrict.

Later, when the DMK came to power, he was appointed managing director of the state-runElectronic Corporation of Tamil Nadu and put in charge of procuring colour television sets for free distribution to the poor in the state, in keeping with an election promise of the DMK. He wastransferred with immediate effect after he exposed corporate fraud committed by the jointventure promoter ELNET Technologies Ltd.

Later, he was posted as managing director of the state-run Arasu Cable TV Corporation. In thiscapacity, he opposed the monopoly of Sumangali Corporation run by Kalanidhi Maran. He alsotook steps to nationalise Sumangali Cable Vision. By that time, Maran had a patch-up with theKarunanidhi family and Umashanker was transferred with immediate effect.

C Umashanker

PHOTO : JEEMONJACOB

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Later, the anti-corruption and vigilance department registered a case against him for disproportionate assets. The government suspended him for claiming fake caste certificate as aDalit when he is a practising Christian.

He lodged a complaint with the National Backward Commission

against his suspension and got a favourable order from the HighCourt. At present, he is managing director of Tamil Nadu SmallIndustries Corporation.

Umashanker was allotted a plot (under government order 2D 325) on 3 April 2008 atThiruvanmiyur Extension when he was in charge of the free colour television for the poor

programme. For this, he would have had to pay 55.12 lakh. He wrote to the chief minister that hecould not afford to pay such a huge amount. Later, his allotment was cancelled without statingany reason.

Umashanker revealed he had an MIG flat in his name when the plot was allotted and he was not

aware about the rule of Tamil Nadu Housing Board (TNHB) that he cant claim a plot when hehas another flat in his name.

It certainly seems commendable that Umashanker turned down a chance to own a plot inThiruvanmiyur Extension, one of the poshest areas of the city. The plot is just 300 metres fromthe beach.

Though the entire colony has been parcelled out to those close to the ruling establishment, it isthe nouveau riche and the industrialists who dream of owning a house in Thiruvanmiyur, wherethey can rub shoulders with former judges, bureaucrats and political power brokers. If and whenthe allottees decide to sell their plots, they can demand extremely high prices.

In a frank chat, Umashanker talks about how the government discretionary quota has beenmisused. Excerpts:

Why are bureaucrats, judges, former judges and politicians given housing plots in poshlocalities under government discretionary quota?Who can refuse a good piece of land in Chennai city? Its a way of rewarding people for goodwork done. No inquiry has been conducted in this matter so far. Discretionary quota is the

prerogative of the government. After RTI came into existence, several activists are taking up thematter in court. Basically, there is no control mechanism or checks and balances. There is little

transparency while awarding the GDQ the plots are allotted without formal applications.

You were also allotted a plot in 2008 under the unblemished government servantcategory. What happened to the allotment?Yes, I was allotted a plot in Thiruvanmiyur Extension. Initial payment for the plot was Rs. 25lakh. I never had that much money. So I requested the government to reduce the price. But therewas no response. I did not want a house to compromise my integrity. So I never took possession.Later, in 2009, the government ordered a vigilance inquiry against me and cancelled the

Plots are allotted evenwithout any formal

applications. There isno transparency at all

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allotment. Frankly, I was not aware about the TNHB rules that bars a person having a plot, a flator a house from claiming another plot.

Do you think the GDQ quota is a way of silencing people, buying them out?Yes, it is a way of making you a part of the syndicate. Plots or flats are given to those civil

servants, judges or relatives of the bureaucrats or politicians for complying with certainrequirements. There is no procedure for IAS or IPS officers to get a land or plot or flat in atransparent manner. So everybody uses short cuts.

Why The Armed Forces Special Powers Act Should Be Lifted From Indias NortheasternRegion

By Madhu Chandra

The Armed Forces Special Powers Act, 1958 (AFSPA) is a draconian and xenophobic law. It isdraconian law because section 4 (a) of the AFSPA gives power to armed forces personnel toshoot at anyone suspicious, section 4 (b) to destroy the shelter of the armed rebels and section 4(c) to search and arrest without warrant. This means that any army personnel can shoot at anyonesuspected to have a gun. The section 6 of the AFSPA protects armed force personnel who carryout such actions from prosecution, suit or legal proceedings unless there is previous sanctionfrom the Central Government.

After theThangjamManoram case in 2004, over 100 Manipuri women protested by strippingthemselves naked in front of Kangla Fort Assam Rifle camp in order to challenge this section of the Act. Thereafter, the Central Government of India granted permission to prosecute army

personnel involved in raping and killing. However, there is not even a single case where prosecution was carried out against any armed forces personnel under AFSPAwithout somewhatof a public outcry.

AFSPA is a xenophobic law because it is selectively imposed upon seven North East Indianstates - Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura andextended to Jammu and Kashmir, but does not apply to the rest of the country.

There is no need to repeat the debate that AFSPA has failed to solve insurgency challenges;rather, it has only intensified the problem. Not much ideological debateis possible on the subjectof why youngsters take up arms. How can we solve the problem without using armed violence?It will be worth focusing on other alternative to solve the five decades old socio-political crisis of

North East India region.

The nation observed the 27th anniversary of Indias Prime Minister - Indira Gandhisassassination on October 31. The Ministry of Development for North East Region (DoNER) hadan advertisement in The Times of India about the message of development initiated by Indira

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Gandhi in North East India!

Prime Minister Mrs. Indira Gandhi initiated the negotiation between Government of India withMizorams separatist insurgents in 1971. Indira Gandhi was assassinated in 1984 before shecould present a solution to the problem. Thereafter, Prime Minister Rajiv Gandhi carried on the

negotiations and achieved a solution in 1986.

The chapter of insurgency in Mizoram finally came to an end on June 30, 1986 with the signingof the Mizoram Peace Accord between the underground government of the Mizo National Frontand the Government of India. Under the terms of the peace accord, Mizoram was grantedstatehood in February 1987.

The continuous negotiations and honest initiative from the Central Government of India broughta solution to the insurgencies in Mizoram, which lasted for 25 years from 1961 to 1986.

In dealing with the challenges of insurgency in North East India, could adopting the solutions

that the Government of India arrived at with the insurgents of Mizoram be a means of solvinginsurgency problems in North East India as a whole?

Mizorams Problem Solved, AFSPA NOT Lifted

The problem of insurgency in Mizoram came to the end after singing the Mizoram Peace Accordin 1986. Since then Mizoram has been a peaceful state. Mizoram has highest literacy rate inwhole of India today and it would have never been possible without solving the insurgency

problem. It was not guns but honest, on-the-table negotiations that made this possible.

Interestingly, there was no attempt from the Government of India to lift AFSPA from Mizoramafter the end of insurgency! Such a move might have conveyed to the whole region the messagethat AFSPA is not a permanent law and it will not remain in effect once the states becomenormal.

Winning peoplesconfidence is the need of hour. So the best gesture at this moment could belifting AFSPA from those states which have returned to normal life.

My Personal Observation

The people of Mizoram have returned to a peaceful life, but they are still under this draconianlaw. I have recently travelled from Aizwal, the state capital, to Champhai, a small town at Indo-Burma boarder. In all honesty, I did not see a single armed forces personnel except one or two

police officers in uniform at check posts. Peaceful life has returned to Mizoram, but the shadowof AFSPA still hangs over the state.

The Mizoram State Assembly must pass a resolution to recommend to the Government of Indiato lift the AFSPA from entire territory of Mizoram. Once AFSPA isremovedfrom Mizoram, itwill send out a message to the region that negotiations initiated by Indira Gandhi and RajivGandhi led to a permanent and long lasting solution in Mizoram.

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Last but not the least, after the fake encounter killings at Imphal on July 23, 2009,Tehelkaexposed the dictatorial nature of Manipur police commandos in the state of Manipur. The statekept burning for months; the Central Governmenttook notice, and gave strict orders to law-enforcing agencies to refrain from any form of human rights violation. Since then, the killing has

abated in Manipur and AFSPA has been lifted partially from the Great Imphal areas. But it stillremains for the Union Home ministry to monitor the situation and consider the sentiment of the people of this peaceful state in favor of lifting the AFSPA from the entire state.

Madhu Chandra is a research scholar and social activist based in New Delhi. He works asSpokesperson of North East Support Centre & Helpline (www.nehelpline.net).www.madhuchandra.org

Ever Suffering Dalits

By Rahul Kumar Balley

No doubt ,India is making progress by leaps and bounds in every sector but the condition of theDalits in India is deteriorating day by day in the society .Development of any nation has nomeaning when a particular section of the society such as the downtrodden are socially &economically segregated from the mainstream . The situation is critical when we measure theoverall development of the country in absence of equal opportunity for the minorities . Article 17of the Indian constitution forbids the practice of untouchability .It runs as Untouchability is

abolished & its practice in any form is forbidden .The enforcement of any disability arising outof :untouchability shall be an offence punishable in accordance with law .Dalits are barred fromtemple entry in many states of the country even after independence .The District officers ignorethe sufferings of the Dalits. Caste discrimination has made the life of the Dalits miserable andintolerable . They are ill treated by the upper caste officers in each department of the government.Dr B.R.Ambedkar was of the view that caste has ruined the Hindus ***the reorganisation of the Hindu society on the basis of Chaturvarna is impossible because the varna Vyavastha is likea leaky pot or like a man running at the nose (Ambedkar ,B,R. Annihilation of Caste ;Appendix

II:A reply to the Mahatma ;Jalandhar ,Bheem Patrika Publications ,1987 P144)

It has been observed that successive governments at the centre as well as at the state largely ruled

by the upper caste Brahmins are to be blamed for their worsening condition on all fronts . Datagiven by the Ministry of Home Affiars says that the country is on the rise in the crime againstScheduled Castes and Scheduled Tribes .The report says ,in the recent years 40,000 cases wereregistered during 2008 about 3600 more that the previous year .Uttar Pradesh has the highestregistered cases in the country followed by Madhya Pradesh and Bihar .The data by the NationalCrime records Bureau (NCRB) , a nodal agency under the Ministry of Home Affairs indicates atotal of 49,810 people were convicted out of 1,90,857 arrested between 2006-08 under varioussections of the Act .

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There has also been an alarming increase of violence against women. A study of 500 Dalitwomen's cases of violence across AP, Bihar, Tamil Nadu and UP between 1999 and 2004revealed that the majority of the women faced several forms of violence from either or both

perpetrators in the general community and the family . The most frequent forms of violence wereverbal abuse (62.4%), physical assault (54.8%), sexual harassment and assault (46.8%), domestic

violence(43.0%)andrape(23.2%).

Thousands of cases of atrocities against the Scheduled Castes & Scheduled Tribes are found to be unreported & unregistered due to political clot of the upper caste Brahmins who exercisemoney power as well muscle power to nip such cases in the bud In the existing atmosphere of deep rooted prejudice I am of the opinion that even a Dalit Prime Minister can not preventatrocities against the Dalits in India unless or until mentality of the larger section of the people isnot changed in favour of the Dalits in India . The Dalits have rightly nursed seriousapprehensions and insist that Hinduism played a role in their social oppression. Sections of thesecular lobby have rejected Hinduism as irrational and unscientific. The cultural nationalistshave given it a bad image through their strident advocacy of a militant and aggressive Hindutva.

Many feminists are shocked by patriarchal texts like the Manu Shastras. These are enoughreasons for the liberal intellectual to consider throwing the baby out with the bath water. With allthese serious anomalies would it not be better that Hinduism is at least ignored, insofar as that is

possible, since it is unlikely to die a natural death in the near future ? Dr Ambedkar embracedBuddhism ,a religion of peace and p rosperity and adviced millions of so called Dalits to followsuit to lead a dignified life .

On Nov 2, 2006 , addressing the annual conference of the minorities commissions, the PrimeMinister of India Dr Manmohan Singh had said It is essential that communal peace andharmony should be maintained and the minorities get a fair share in Central and StateGovernment and private sector jobs. He also stated that the minority youth should be trained

with skills which will enable them to get their legitimate share both in public and private sector.It seems these are talks and talks only nothing substantial is being done to ameliorate theworsening condition of the Dalits .

Congress party having ruled the country for larger period has not made sincere efforts toameliorate the conditions of the Dalits in India . Welfare schemes launched by the centralgovernment as well as the state governments proved to be ineffective to improve the patheticconditions of the Dalits since a large chunk of the funds earmarked for the welfare of the poor Dalits are eaten away by the upper caste Brahmins who control the government machinery . Ithas also been observed that some unscrupulous Dalits in connivance with the corrupt officials of the government are also involved in looting the welfare funds meant for the needy,poor Dalits.Fake NGOs in the name of the Scheduled Castes & Scheduled Tribes being run by greedy Dalitsneed to be exposed .A new trend has been witnessed in the coming days that some of the upper caste Brahmins found to be running such NGOs and getting funds from different governmentministries . The central as well as the state government should bar such fake NGOs runningacross the country and stop the loot .

Eminent social scientists have been warning the respective governments to take care of theminorities before a volcano of discontentment engulfs the country .Abraham Lincoln said You

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may fool all the people some of the time: you can even fool some of the people all the time;but you can't fool all of the people all the time.

Rahul Kumar Balley is Director of Buddha Education FoundationEmail: [email protected]

Cleanup Indian Politics Of Criminal MPs

By Syed Ali Mujtaba

Corruption and Criminalization are two distinctive features of the Indian politics. The crusadeagainst corruption was loudly articulated by the social activist Anna Hazare however, there is

little noise being made by the civil society about the criminalization of Indian politics.

As a matter of fact, one out of four MP in India face criminal charges. There are 162 MPs in thecurrent Lok Sabha, the lower house of the Parliament that has criminal records. Out of these,there are 76 MPs having serious charges against them.

The total number of criminal cases against the MPs is 522 and out of these 275 MPs face

serious IPC sections charges against them.

The Bhartiya Janta Party has the highest number of criminal MPs that is 43, out of which 19

have serious criminal cases against them.

The Congress party comes next with 41 MPs having criminal cases, out of which 12 MPs faceserious charges against them.

As compared to 2004, the number of MPs with pending criminal cases has gone up. There were128 MPs with pending criminal cases against them in 2004 Lok Sabha out of which 58 hadserious pending criminal cases. There is an increase of about 26% in MPs with pending criminalcases and 31% increase in the number of MPs with serious pending criminal cases.

Obviously, these are not the type of people that should represent we the people of India, but

some how these heavy weight crooks have got themselves elected into the Parliament and have become part of the governing apparatus of the country by default.

The comptroller and auditor general of India (CAG) have lambasted the government on thisdeclining trend. "Governance is at its lowest ebb. The morale of civil servants is low. Thesituation is too deleterious for the nation. There is too much at stake for too many in such asituation," CAG reportedly has said.

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There has been an erosion of people's faith in government. Their confidence in public institutionshas declined. National trust in bureaucracy including the police force has collapsed. The integrityand professionalism of civil servants is being questioned," it adds.

"We have chief ministers who have had to vacate their positions allegedly for graft, on whom

courts and other judicial bodies have made adverse pronouncements. We have Members of Parliament who are being indicted by the judiciary for various acts including accepting cash for exercising their vote in Parliament." CAG concludes.

So in such a situation the principal issue is how to make it harder for those with criminal cases tocontest elections. Obviously, there is an urgent need of electoral reforms in this country that barsany convicted person from holding office till they are finally acquitted by a court of law.

The current legal position relating to a person convicted of criminal charges is that if the criminalcharge, and not just the sentence, is suspended on an appeal, he has the right to contest elections.

One has to understand the nuance in the law and that depends on what order the court gives. If the conviction is suspended, then one can fight elections, if the sentence is suspended, whichmeans no jail, but conviction stands, until such time that the appeal is heard, then one can notfight elections.

Union Law Minister Salman Khursheed has drafted a bill that plugs the loopholes and it couldmake it impossible for any convicted politician to run for office.

At the moment, those convicted of criminal charges have three months to appeal but that will not be available if the structure of amendments prepared by the Minister goes through the motionand get passed. In such a case the convicted members will be immediately excluded from

Parliament.

According to the draft bill if one is convicted, then he can not fight elections, irrespective of what the appeal order is, until he is finally acquitted by the court of law.

Another amendment that is proposed in the draft bill is; crimes committed under section 153 (A),which pertains to creating enmity between communities to be put under the category of heinouscrimes, and if that happens, politicians convicted under this clause will not have the right tocontest elections.

All this is fine. The big question is will these proposals be acceptable to all the political parties.

In fact, there is already a law in place to rein in the corrupt MPs, but many of them have foundloopholes into it and have got stay order on their conviction to contest election.

Even the proposed amendment bill is being challenged by some unscrupulous MPs. They havethreatened to derail the new bill, if and when, it comes for discussion at the all party meeting.

Its an argument by those who have something to hide and they will use all kinds of tactics tocontinue their domination in power.

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What is needed is to build consensus around the proposed amended in the electoral processinitiated by the Union Law Minister. We have seen with the Jan Lokpal movement that people

power can force the government to sit up and make changes.

We need to use the same strategy and generate massive public opinion to clean up Indian politics

of its criminal crooks.

Unlike the herculean task of weeding out corruption from the Indian system, the task of gettingrid of politician facing criminal charges is much easy.

The redemption of Indian politics from all its banes is long haul and cleaning Indian politics of criminal MPs could be a way forward for good governance and betterment of the country.

We have to watch every move about this bill as it gets drafted, placed before the all partymeeting and discussed in the in the Parliament.

Even all this happens we have to built a momentum on the lines of Jan Lokpal movement andsend a strong signal to the political party bosses to have a consensus on the draft bill and pass itin this winter session of the Parliament.

Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted [email protected]

Advocates want CJI to probe corruption charges against Judge

The Advocates Association of the Madurai High Court Bench has appealed to the Chief Justiceof India to probe charges of corruption against Justice C S Karnan as also the latter's complaintthat some of his colleagues on the bench practised untouchability against him. A resolutionseeking setting up of a body to probe corruption charges levelled by some advocates against himas well as his complaint about untouchability was passed at a meeting of the Madurai Branch of the Madras Advocates Association here last night, a release said. After complaining to the

National Commission for Scheduled Castes and Scheduled Tribes about being "harassed on castegrounds", Karnan had last week claimed that some former judges had also faced similar ordeal."Since April 2009 I faced harassment but remained silent to maintain the decorum of the court. I

am a self respecting person," he had told reporters. He had said there was no need for him tocomplain to the Chief Justice of the High Court as the Commission, functioning directly under the President, had been set up to look into problems faced by the SCs and STs.

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SHAME to Chief Justice of India , Prime Minister of India & President of India

In India half the population is living in poverty , barely sustaining on a single piecemeal a day . It is hard for them to earn even Rupees 32 a day , even children of those poor families are working very hard to fill their stomach. Whereas , the publicservants who legally earn thousands of rupees a day , get 5-star pay , perks ,bungalows , cars , etc at tax payer s expense. They are cheating the public , notproperly doing their official duties . They must learn hard work , work ethics fromthese child laborers. Public servants neglect their official duties , do theyneglect drawing their monthly salary ? do they come out of their 5-star quarters ?Public servants neglect their official duties but not their 5-star pay & perks. SHAME TOTHEM.

When specific & general cases of crimes are brought to the notice 0f CJI , PM , GOI& President of India repeatedly , appropriate action is not at all taken , in turn aiding thecriminals in manipulating the evidences & continuing with their illegalities. Even our conditional offer of services to the government , to legallyapprehend criminals is not honored. Thereby , Chief Justice of India , Prime Minister of India & President of India they themselves are CRIMINALS. Do these people knowthe value of our hard won independence ? Do these people know the sacrifices madeby our freedom fighters ? The present day public

servants

are

shamelessly

misusing their official powers

, squandering

our independence. SHAME SHAME TO SHAMELESS PUBLIC SERVANTS.

A person committing a criminal offense is a CRIMINAL. The Person who aids acriminal in his criminal act , in hiding the criminal act , in destroying the evidences of criminal act is also a CRIMINAL. The person whose duty is to prevent criminal actsfrom happening , who intentionally fails in his preventiveduties and thereby facilitating the criminal in committing crime is also a CRIMINAL.

In this way many of our public servants including judges & police themselves arecriminals , but are not prosecuted by the authorities , why ?

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

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All the following articles / issues , whole articles published in the weblinks mentionedbelow forms part of this appeal. The term JUDGE mentioned throught includes allpublic 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 aSHAME. The persons who raise their voice seeking justice are silenced in manyways. 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 beresponsible for it.

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

The public servants & the government must be role models in law abiding acts , for others toemulate & follow. if a student makes a mistake it is excusable & can be corrected bythe teacher . if the teacher himself makes a mistake , all his students will do the same mistake. if athief 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 judgehimself 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 ishappenning 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.

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in anunambiguous manner.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to eachcitizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to

protect our national integrity , to respect & protect the rights of our fellow citizens.No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.We need rights to perform our duties. Constitution of India has guaranteed thoserights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity ,whether we are getting equitable justice , etc , we need information . so ,basically Right To Information is an inalienable part of our fundamental rights &human rights. What RTI Act has done is fixed time limit , responsibilities of public

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servants up to certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act.Hereby , we seek complete truthful information from supreme court of India , withrespect to my RTI application appeal no : APPEAL NO. 300/2010 .. HEREBY , WE

ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI

Application , in public interest & equitable justice. JAI HIND. VANDE MATARAM.

Your's sincerely,Nagaraj.M.R.

..DECLARATION

Name : ...........................NAGARAJA.M.R.

Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPPWATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA

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Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 /2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , mybody must be handed over to JSS Medical College , Mysore for the study purposes of medicalstudents.

Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e clarion of Dalit & S.O.S-e-Voicefor Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore EyeBank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

Home page :

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http://sites.google.com/site/eclarionofdalit/Home ,http://groups.google.co.in/group/e-clarion-of-dalit ,http://e-clarionofdalit.blogspot.com/ ,

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Cell : 0 9341820313

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of myknowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must

be borne by the government. prevoiusly the police / IB personnel repeatedly called me thecomplainant (sufferer of injustices) to police station for questioning , but never called the guiltyculprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untowardhappens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with abovementioned accussed public servants will be responsible for it. Even if criminal nexus levels fakecharges , police file fake cases against me or my dependents to silence me , this complaint is &will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights ,denied proper medical care for ourselves , If anything untoward happens to me or to mydependents or to my family members - In such case Chief Justice of India together with the

jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole familyis eliminated by the criminal nexus ,then that compensation money must be donated to IndianArmy Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from thesalary , pension , property , etc of guilty police officials , Judges , public servants & Constitutionalfuctionaries.

date : 16.11. 2011 ..your's sincerely,

place : India Nagaraja.M.R.

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edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE ,OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell : 91 9341820313

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