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Saturday, October 21, 2017

Abolish Death Penalty

Dalit’s  Diary  -   e  News   Weekly  
Working  For  The  Rights  &  Survival  Of  The Oppressed
Editor: NAGARAJA.M.R… VOL.11 issue.40… . 18  / 10 / 2017

Death  Penalty  to  Innocents

PIL – Death Penalty
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015


IN THE MATTER OF


NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Justice of India & Others


....Respondents



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


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants. 
We have utmost heartfelt respects to honest few in judiciary , police & public service. We  SALUTE them. Our effort here is  to bring errant judges , police & public servants to book.
Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is  honesty & integrity  of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police  are inside enemies , traitors and cause more damage to national security  than terrorists , naxalites or  enemy  armies.  Which court dares to hang such  corrupt judges , corrupt police ?
A.        Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding  , abetting  terror don’t deserve humane treatment. One among those terrorists   yakub  memmon responsible for  Bombay  bomb blast  rightly  deserved death sentence.
B.        Dhananjay chatterjee killed an innocent  little girl. He too rightly deserved death sentence.                                                                                                  

Law Regarding death sentence is right , problem lies in it’s  interpretation & enforcement . some of our  corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement  / match fixing is done.  Read  full details with actual cases ……   A – Z   of   Manipulation  of  Indian  Legal  System
There is every  possibility of innocent  persons belonging to weaker , vulnerable sections  of society , who cann’t defend themselves  getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges  are NOT Gods. That is why , Judges please don’t play GOD. Please go through  following actual cases fit for death sentences , but with biased view  & under the patronage of powers that be escaped gallows.
2. Question(s) of Law:
Why death sentence  to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
3. Grounds:
Requests for right , unbiased prosecution , equitable justice for all.
4. Averment: 

A.  What action against dawood Ibrahim & tiger memmon ? what  action against ministers , police , film personalities  who have ties with dawood & attended  parties hosted by dawood  @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals  ? biased law enforcement.
B. Why not death sentence to those responsible for  burning Sabarmati express train  passengers ? biased law enforcement.
C.        Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath  state government appealed to higher court seeking death sentence to  perpetrators of godhra riots ? biased law enforcement.
D.       Why not death sentence to those responsible for  murdering RTI activists , whistle blowers  ? biased law enforcement.
E.        Why not death sentence to those responsible for  murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
F.        Why not death sentence to those responsible for  Bombay riots prior to  Bombay bomb blasts ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
G.       Why not death sentence to those responsible for  sikh massacre in delhi after assassination of PM Indira Gandhi ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
H.       Why not death sentence to both  master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
I.         Why not death sentence  to  STF police personnel  who ran a place called “workshop”  in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan   applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily  constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
J.         Why not death sentence to police officials responsible for cold blooded  murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA……https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary ,  https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
K.        Why not government pay compensation  to civilian victims  of terrorist acts , riots ? why don’t government pay appropriate  respect , recognition , compensation to police , security , military personnel  who lay down their lives in the line of duty guarding our motherland & our brethren ?
L.        Why lenient punishment  to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
M.      Why no action against corrupt , criminal judges & police  who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby  protecting the crimianls ? biased law enforcement. Read NOTICE  TO  CJI  http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India  , https://sites.google.com/site/eclarionofdalit/pil---notice-to-cji
N.       Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids  SALWA JUDUM a counter terrorist , anti naxalite outfit  which  is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government  aided tamil terrorists  in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists  in east Pakistan , ultimately creating Pakistan ?  all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives.  Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of  interfering  in other’s affairs  resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing  aid  to terrorists ? biased law enforcement.
O.       Late Mr.Warren Anderson  was  in control  of Bhopal  United Carbide plant , through internal safety checks &  3rd party audits  he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However  ministers , government officials of both state & central governments  without  orders , permission from the court  illegally got him out of jail arranged a special car , special aeroplane  for the culprit to escape from law. Years afterwards , a CJI of supreme court of india   diluted the man slaughter charges against  Mr.Anderson. Why no death sentence to Anderson  responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.

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

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


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

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 
c . to abolish death penalty or to give choice of death to convicts.
d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.


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

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

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


Why the Death Penalty should be abolished
The risk of executing innocent people exists in any justice system
There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.

The arbitrary application of the death penalty can never be ruled out
The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.

The death penalty is incompatible with human rights and human dignity
The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
 
The death penalty does not deter crime effectively
The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.

Public opinion is not a major stumbling block for abolition
Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.
It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.




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

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