Police; The Punishment Posting concept and threat to national ecurity

This year around Jan 2013 when people of सत्यमेवजयते reached us to share the ideas on policing issues of India, they were categorical to know about the concept of "Punishment Posting" in Police organizations.
As an answer to their request, I helped them to interview some of the people whom I presumed to have suffered on these punishment postings in their stint while working with the police but while facing camera they were not very forthright in describing their perceptions on this issue but still their answers made it conspicuous that it is all about ill gotten money of organized corruption that police working entails from victims and criminals.
The concept of punishment posting or side line posting is all  about the dry postings that have no scope of  additional income in the form of bribes, extortions, commissions etc.

Encounter Specialists Forces of Union of India are capable of driving every Indian to insurgency

I had written above article in the wake of washing out of complete Coy of CRPF by Maoists and found it hosted on Mili Gazette so reposting it here too;Encounter of Maoist cadre by Police

The Milli Gazette

Published Online: May 31, 2013
Print Issue: 16-31 July 2010
Doing the same thing over and over again and expecting different results is known as insanity and that’s what the Indian Police Service seems to be suffering from.

They are taking the leadership of this country for a ride. If they continue these killings and their organized corruption, the day is not far when they will drive all sane Indians to jungles with guns in their hands.

The Apex Court had rightly pronounced in its judgment that “Police excesses will kill democracy in India”. Every act of Police whether it is extortion by traffic cops or illegal detention, custodial death or extrajudicial killings, use of excessive force by police on protesting citizens or denying legitimate space for protests, each and every act of Police turns into a nail in the head of democracy. Even the most peaceful states like Haryana and Himachal are not exceptions to the above unprofessional conduct of civil police. RK Sharma (IPS) is in jail over Shivani murder, SPS Rathore (IPS) is in jail over Ruchika molestation case while some of their accomplices from IPS who helped them are still enjoying the immunity extended by their fraternity (you protect my back I will protect your back-pact). Ramesh Sehgal (IPS) was caught taking bribe from a jailed criminal, Anil Dawra (IPS) is jailed for felony. The worst example of these people promoting crime is the case of Sub-Inspector Ram Kumar of Haryana Police who was accused of gang rape of a minor and remains absconding from the judicial process and is declared proclaimed offender but the Immune Police Service leaderhsip not only regularised his absence period but promoted him to Dy.SP and when questioned by Punjab Haryana High Court, the current DGP said: It is the state government that can take action bacause he is now Dy.SP. They are nothing but criminal minds in uniform. Surely there are no psychology tests conducted for induction into IPS. Even if these psychology tests had been introduced, these characters could have bribed their way through to plunder India by organized corruption and organized violence.

The recent comments of one of these officers on the casualities being suffered by CRPF reflects upon their shallow professional knowledge. We are sure this fraternity of Salaskars and Rajbirs decorated for killings of 100s, are only experts in fake encounters of unarmed people but when pitted against armed persons they die like sitting ducks without even firing a single shot and if this pseudo-khaki general who indulged into loose talk on CRPF killings has some notions about his abilities and leadership, he must take on this challenge and physically lead single operations. These pseudo-cops have always waded through papers on clerical tables with in four walls, or else they would understand what counter-insurgency operations are all about. Holding press briefings and Powerpoint presentations and pleasing politicians are their forte while counter-insurgency operations are acid tests to win over the trust of our people and call for exemplary leadership and here these peudo-cops fail completely. Each fake encounter through which these pseudos are trying to demonstrate their performance is going to turn into a nail into the coffin of Indian democracy.

Indians please wake up, barbarians are defiling the sacrosanct profession of arms. Dilip Trivedi, MP from Trinamool Congress, has rightly said that the bureaucracy’s, apathy is going to turn the whole country into Maoists or terrorists. It is the last bastion of colonial India, the sooner we get rid of it the better.

Judiciary must take cognizance of these killings and act suo mottu. And lastly, all the CRPF casualities are directly attributable to lack of perspective on counter-insurgency operational deployment by the babus in uniforms heading the state Police. Home Minister and Chief Minister must identify the enemy from within and discard them immediately and give command of opeartions into the hands of those who have practical experience and lived through these things. We are sure they will not find even a single cop with this qualitative requirement. They must not be misled by the badges of rank worn by these pseudo-generals. (Ci Veterans  - civeterans@rediffmail.com)

This article appeared in The Milli Gazette print issue of 16-31 July 2010 on page no. 11

At War: Four Pillars of Falsehood & Public of Republic or world's largest fascist state with state tyranny unleashed upon victims of predatory governance apparatus

The Book review as it appeared in Kashmir Reader, on 28 October 2015 written by Ashq Hussain Butt
Ashq Hussain Butt

The book “At War” is the first book by Aridaman Jit Singh, a Delhi-based ex-Border Security Force officer who served as “Officer Commanding” on internal security duty in Punjab during the 1980s; and co-author Nayani Singh, a civil society activist. Aridaman also headed the vigilance and counter intelligence wings of BSF’s country headquarters. After completing 20 years of mandatory service he sought voluntary retirement; and subsequently took up a cause. He is active in mobilising public opinion to prevent the government of India from using its armed forces against own countrymen. “At War” is Aridaman’s intellectual effort in that direction.

The book is an extraordinary piece of work, written as it is by a person with firsthand experience of serving as a paramilitary officer in the field.  As such his thesis attains originality and credibility. It is a contemporary history of conflict and persecution unleashed by a predatory governance apparatus upon innocent people. The case studies presented in this book highlight the dilemma and challenges faced by frontline operation officers; and how the masses always remain at the receiving end; the only beneficiaries being the political establishment of India, which uses the bureaucracy comprising IAS/IPS officers armed with the authority furnished by lawless laws to perpetuate the corrupt autocratic system. The author laments that the political establishment even uses Governors and Presidents of India for their own interests. The President is made to issue undemocratic ordinances bypassing the parliament; and governors are used to bully state governments – (as of now Lt Governor Najib Jung is pitched against an elected government of Delhi).

The book starts with an assertion that the government of India has been pursuing a dangerous and divisive policy of pitching Sikh personnel against Nagas, Dogra personnel against Manipuris, and everyone against Muslims of Kashmir.

Since the author worked as a frontline operations officer mostly in Punjab, his book focuses on events that happened in that state. According to the book, Prime Minister Indira Gandhi and her cohorts laid down an unethical policy of creating fear psychosis among the masses about the unity and integrity of India by producing a conflict type situation in Punjab. They believed that it would ensure their continuity in power by seeking votes from gullible masses in the name of “India in danger”. Police killed Sikhs in fake encounters, and the public had to perforce presume that the unidentified killers belonged to Sikh secessionist outfits because the state propaganda machine said so. This would justify deployment of more and more armed forces personnel in the entire length and breadth of Punjab. At times entire Punjab would be placed under severe curfew. For example on Guru Arjun’s martyrdom anniversary falling on June 3, 1984, a large number of Sikh devotees were present in Gurudwaras for prayers, but the Indian state placed whole of Punjab under curfew, cordoned off Gurudwaras, and next day launched a military attack on the Golden Temple, the centre of Sikhism. They desecrated the Temple besides killing a large number of Sikhs.

However, pursuit of this unethical and opportunistic policy by the government of India in early 1980s led to events which went out of control. And when Punjab became the hotbed of armed revolt by pro-Khalistan Sikhs, Indira Gandhi promulgated, on October 15, 1983, the Armed Forces (Punjab and Chandigarh) Special Powers Ordnance; and on July 14, 1984, the Terrorist Affected Areas (Special Courts) Ordinance. They set up special courts which under the provisions of the Ordinance were authorised to presume the accused as guilty until they proved themselves innocent. By way of punishing the accused and their kith and kin, these special courts procrastinated on the trials. Those who dared to speak out critically on Indira government would be dubbed seditious, secessionist, and a threat to security and integrity of India. In this way the government of India used the “justice” system to tyrannise people. Indira Gandhi perceived the Gurudwaras to be a threat to her autocracy as Sikhs here gave vent to their opinions which were unfavourable to her. The Punjab Police, CRPF, BSF would cordon off Gurudwaras as these served the Sikhs as rallying points. It was during these cordoning operations  that Aridaman had the opportunity to observe things closely.

The Punjab police persecuted people on grounds of taking part in “disruptive activities”. A mere expression of opinion, according to the draconian laws in place in Punjab those days, amounted to “disruptive activity”. The police kept a person in custody for six months without trial. And when the trail began it dragged on for years. Around 70,000 persons were detained in Punjab under TADA alone.

Lawless laws allowed armed forces in Punjab to organise a systematic process of extrajudicial killings which under the provisions of AFSPA could be termed lawful because the law empowered men in uniform to kill at mere suspicion. On April 23, 1984, the CRPF shot down 5 Nihangs who were travelling atop the roof of a bus in Ferozpur. The CRPF passed them off as Sikh terrorists who were carrying weapons. On the night of May 30, 1987, police shot dead an 18-year-old Sikh boy Gurpreet Singh on the Ferozpur-Faridkot Road.  He had been in their custody for some time. They brought him to the place blindfolded and with hands tied behind his back. After killing him they untied his hands and removed his blindfold. Also they planted a homemade pistol on his body. Then they claimed to have killed a Sikh “terrorist” named Malkiyat Singh Jaito in an encounter. Likewise on June 1, 1987, the police killed a boy in a maize field. They planted a double-barrelled shotgun on his body which they had obtained from an acquaintance.

This served them many purposes. One, that police recovered the shotgun that, they claimed, had been stolen by “terrorists”. And, two, police had killed the terrorist carrying that shotgun. In 1992, BSF killed two petty criminals at Ferozpur border and claimed they were “terrorists” trying to sneak into India under the cover of “cross border fire” provided by Pakistan. BSF had actually arrested them from an ashram in Jallandar.

Also Indian intelligence agencies procured Soviet weapons, including rocket launchers, from Kabul on November 19, 1987, through Indian flight IC452. Subsequently, rogue agents launched rocket attacks in Punjab in which no one was killed. The government then claimed that Pakistan had supplied rocket launchers to Sikh secessionists.

If the victim’s family or the civil society intended to prosecute a killer-in-uniform, the process needed prior sanction by Indian government which was never forthcoming. Thus lawless laws encouraged men in uniform to indulge in such activities. After killing a person they would project him as a “terrorist”, give him a fictitious name, a fictitious membership of some secessionist organisation and plant a weapon on him. The Indian media took up the police version verbatim and gave it publicity. Thus, according to the author, the press and the judiciary also played into the hands of  the government.

The Punjab Police rewarded the encounter cops with cash, gallantry medals, and out of turn promotions. Between 1991-93, the government of Punjab handed out about 60,000 awards of different denominations to police personnel. These awards ranged from payment of Rs 1,000 to a constable for participating in an encounter to conferring 25,00,000 for killing a Sikh “terrorist” and recovering an AK47 assault rifle from him. They didn’t ask the killer cops about the identity of their kill. They accepted the version of the local SHO as to the manufactured identity of the victim. So the inevitable result was that a race among the personnel ensued. In order to grab out of turn promotions and cash rewards from secret service funds they killed and killed people. Since the lawless laws of the state furnished impunity to them they became sadists who derived pleasure in killing, torturing and extorting money. Consequently they developed a sick mentality. They extorted money from their victims whom they detained on grounds of indulging in and supporting “terrorism”. In the detention centres they tortured their victims. One of the most frequently used torture techniques was called “helicopter technique”. The victim’s hands would be tied behind his back and then he would be hauled by pulling up his hands. If the victim’s family didn’t pay for his release, he would be murdered and passed off as a terrorist. Thus the victims were constrained to pay bribes to the police personnel to secure their release. By the by this process of detaining and extortion turned into an industry. SHOs of police stations passed over part of extortion money to DIGs.

In Kashmir armed forces personnel repeated what they had done in Punjab. They detained people, tortured them, and murdered them in fake encounters. They extorted money from them.  In August 1990, when a BSF patrol party was fired upon, they entered Mashali Mohalla in Srinagar “to teach the residents a lesson”. They entered houses shouting “Pakistani Kutoo, Bahar Nikloo” and shot dead innocent people. Later four BSF personnel responsible for this murder received awards. The armed forces personnel lifted furniture, cooking gas cylinders, etc., from the houses of Kashmiris to enrich themselves even if it meant transporting them all the way to south India.

The author recommends that “there should be no gallantry awards for killing any citizen; awards should be conferred only for saving life.” The author states that police has to deal with its own citizens; hence its use of force has to be proportionate to the threat and targeted at specific wrongdoers only. Armed forces such as BSF and army have to create a non-survivable field of fire and destroy the enemy to eliminate the threat completely. For them the use of maximum firepower and disproportionate force is preferable. BSF (and army) are not supposed to carry automatic weapons on internal security duty while dealing with civilian unrest in the countryside; using area weapons like grenades and mortars was beyond imagination. Therefore, these should not be deployed on internal security duty at all. In order to shift blame for what happened in Punjab and at the same time to defame Pakistan on the international fora as an abetter of “international terrorism” Indian intelligence agencies procured weapons from acros the border with the help of their agents. Then they distributed these weapons among renegades; and also planted them on the bodies of Sikhs whom they murdered in fake encounters. The author stresses that the biggest threat to India’s unity and integrity comes, not from Pakistan, but from the rogues in police and intelligence agencies.

If someone among the personnel did not like the predatory methods of his organisation and dared to speak out, his own company soon liquidated him. BSF personnel killed Constable Ram Kumar Bishnoi on the night of April 22, 1992, in the Terai region. They then arrested and tortured a large number of Sikh peasants for killing Ram Kumar. Ram had actually dared to mention to his commander the existence of an extortion racket against truck drivers run by BSF and UP police.

The author finds it difficult to accept India as the world’s largest democracy because democracy signifies governance for the welfare of the people. The actual fact, however, is government by opportunist politicians who keep the resources of the state at their own disposal. Should anyone question their opportunism, they dub their critics as anti-India with the help of state propaganda machine. India has got the lengthiest constitution. But under this constitution such lawless laws were passed as AFSPA (in northeast in 1950s, in Punjab in 1980s, and in Kashmir in 1990s), TADA in 1983, POTA in 1998, etc., which gave India the credit of being the largest draconian state of the world which is at war with its own people.

The author further states that the Congress government ran India on the same principle as the British. During British times the purpose of existence of police and army was never to protect and serve its subjects but to preserve the state and eliminate threats to its monopoly of using force and extracting taxes. And Congress, in the name of freedom struggle, helped the British power to flourish. The Congress’s civil disobedience movement in 1930 was launched to turn the minds of Indians from Sardar Bhagat Singh, the most popular freedom struggler of India; its Quit India movement was launched to turn the minds of Indians from Subhash Chandra Bose’s Indian National Army; and as late as 1946 Congress persuaded Balai Chandra Dutt, MS Khan, and Sardar Madan Singh, the leaders of Indian Naval mutiny on board the HMS Talwar, to surrender. Post 1947, Congress turned India into the Nehru-Gandhi dynastic rule.

Indira Gandhi, being a member of the Nehru-Gandhi dynasty, had inherited power from this dispensation. She pursued the policy of producing conflict-type situation in Punjab in order to manufacture justification to deploy armed forces against India’s own citizens. She did this because she had been indicted by Shah Enquiry commission for being guilty of imposing 1975 Emergency and suspension of civil liberties without justification as there had been no internal disturbances in India to warrant the conversion of India into a police state. During the 18-month long Emergency the Indira Gandhi government persecuted Indian civil society; detained 1,10,000 people arbitrarily; forcibly sterilised 37,00,000 people like street dogs; and uprooted 1,50,000 people from shanties in Delhi. So, when she returned to power in 1980, she proceeded to justify her actions by first deliberately producing a conflict like situation in Punjab (and by aggravating the situation in Kashmir which was already a conflict zone). The author states that “when there is a conflict situation and absence of order, the principle of ‘might is right’ comes into play; consequently all lines of morality and propriety get blurred.” This exactly happened in Kashmir and Punjab.

Indira Gandhi rewarded those bureaucrats with top positions who implemented her orders overzealously during the Emergency. Thus Jagmohan Malhotra , the leader of demolition drives in Delhi, became the governor of Kashmir (where he sowed the seeds of the on-going armed revolt that has so far consumed about one lakh lives); Pritam Singh Bhinder (who as the head of Delhi police ordered his men to kill dozens and injure 150 people in Delhi) became chief of Punjab Police; BD Pandey and SS Ray successively became governors of Punjab. Indira Gandhi’s successors rewarded Pranab Mukherjee with the presidentship of India.

The author states that “in a corrupt political system, rogues will keep rising to positions of power in a predatory governance apparatus, not due to some special skills and professional specialisation but due to absence of it, and for having proven credentials of criminality/pliability.” One such case is the rise of KPS Gill to the position of Director General of Punjab Police. He had a murder case against him in Assam High Court. On December 9, 1979, he killed a student, Khargeshwar Talukdar, by kicking him repeatedly in the groin and then throwing him into a pond. Khargeshwar was one of the protesters who had blocked the road against the convoy of Abida Ahmad, the widow of Emergency hero, President Fakhruddin Ali Ahmad, during whose tenure and with whose approval, Indira Gandhi had imposed Emergency in 1975. Fakhruddin died in February 1977. Indira Gandhi rewarded her with a ticket to contest elections from Assam but the people of Assam resented it and hence came out on the roads to protest.  Gill at that time was DIG Assam Police. He fell upon the protesters with a heavy hand. He later became DG Punjab Police. Still later he was let off unpunished when he molested Rupan Deol Bajaj.

The author’s intention behind writing this treatise is to graphically show the reader how the Indian state uses its armed forces against its own citizens. The author hopes that his book would serve as a step towards mobilising public opinion; and the common mass become direct beneficiary of governance system.

वंशवाद, तानाशाही सामन्तवाद बनाम प्रज़तान्त्रिकरण और तमाचा आम आदमी का

सामन्तवादी प्रसाशनिक ढाँचे तथा कार्यशेली एवं रीतिरिवाजों पर आधारित साम्प्रदायिक कांग्रेस तथा इसके विरोध में जन्मे अन्य सभी राजनितिक दल जो की साम्प्रदायिकता अथवा जातिवाद को हथियार बना कर राजनीती करते आ रहे हैं इन सभी के मुंह पर आम आदमी पार्टी के माध्यम से आम आदमी ने एक करारा तमाचा मारा है जिसका इन्हें कोई तोड़ नज़र नहीं आ रहा /

पिछले ६६ वर्षों से सता सुख भोग रहे तथा अपनी सुरक्षा एवं सामन्तवादी रस्मों से सराबोर कार्यशेली के खर्चों से आम आदमी को लादे जा रहे यह साम्प्रदायिक सामन्तवादी राजनितिक दल अब तक केवल लूट तथा झूठ पर आधारित अंग्रेजों द्वारा रचित प्रसाशनिक , सुरक्षा एवं कही जाने वाली न्याय व्यवस्था को केवल अपना कमिशन लेकर संचालित करते आ रहे हैं /

इन सभी राजनितिक दलों ने प्रजातंत्र का अर्थ निकाल रखा है जनता को केवल मात्र वोट देने तक सिमित रखना / वोट हासिल कर केवल सता को संचालित करने का अधिकार प्राप्त करना तथा फिर शोषण पर आधारित प्रसाशन तंत्र को जवाबदेही से पूर्ण मुक्त अफसरशाही से संचालित करने के लिए नियुक्ति एवं तबादलों में भारी रकम वसूलना तथा विकास के सभी कार्यों में चन्दा वसूली ज़ारी रखना ताकि अगला चुनाव लड़ा जा सके  और सम्पूर्ण प्रसाशन तंत्र को अपनी तथा अपने रिश्तेदारों की शानोशौकत एवं सुख सुविधा के लिए इस्तेमाल करना / राजनीती का जो व्यवसायीकरण कांग्रेस तथा आम आदमी पार्टी के पूर्व आये इसके समीपी एवं विरोधी सभी राजनितिक दलों ने किया है उस व्यवसायिक माडल की लूट को देख के तो शायद ईस्ट इंडिया कम्पनी के अँगरेज़ भी मात खा जायेंगे /

कर्नाटका के पूर्व मुख सचिव आईटी विवेक कुल्करनी ने अपने २८ अक्तूबर २०१० के हिन्दू बिजनस वर्ल्ड में छपे अपने लेख में साफ़ सब्दों में यह तुलना की है की सता में आकर सरकार चलाना कितना लाभ्शाली व्यवसाय है / एक रुदिवादी आंकडे के मुताबिक़ केवल कर्नाटका के आकार की सरकार ही वर्ष में ३ हज़ार करोड़ विभिन ट्रांसफर पोस्टिंग तथा कमिशनों में प्राप्त करती है और इसी लिए इनका एक विधायक भी २५ करोड़ में बिकता है तथा पांच सितारा होटल में अगर आप उसे ठहरा सकते  हैं तो आपके साथ कहीं भी सफ़र करने को तैयार रहता है /

इन भारी भरकम घूस तथा मिलने वाले कमिशन के अलावा इन सभी राजनितिक दलों की कार्यशेली का एक प्रमुख हिसा है आम आदमी को अपनी लाल बत्ती एवं सिकोरटी के वि आई पि कल्चर से त्रस्त कर भयभीत रखना ताकि वेह इनकी लूट खसोट पर आवाज़ ही उठाने की हिम्मत न जुटा सके / और यदि कोई आवाज़ उठाये भी तो पुलिस के गुंडे तुरंत गोली चला कर लाठी चला कर ऐसे चन्द लोगों पर तुरंत मुकदमा दर्ज कर झूठ को बढ़ावा देने वाली कार्यशेली पर आधारित अंग्रेजी न्यायशाला के हवाले कर दण्डित करने में सक्षम रहते आये हैं /

लूट की इस व्यवस्था का प्रमुख हिस्सा केवल ढोंग से परिपूर्ण अंग्रेजी पुलिस व्यवस्था है जो की प्रतिनिधि के चुने जाते ही उसे वि आई पि का दर्ज़ा दे कर उसे चंद सिपाही दे देती है वेह सिपाही जो की असली आफत आने पर अपनी स्वयम की रक्षा करने में भी असमर्थ हो भाग खड़े होते हैं और पुलिश के अधिकारी स्वयं मारे जाते रहे हैं / अभी हाल में उतरप्रदेश में एक डि.एस.पि. तब मार गया जब उसके अंगरक्षक पुलिस के सिपाही उसे छोड़ कर भाग खड़े हुए/ इनकी ट्रेनिंग का स्तर तो ऐसा है की आवश्यकता पड़ने पर यह केवल आतंकवादियों का ही काम हल्का करते हैं और सुरक्षा देने की प्रकिरिया में अपने  स्वयम के protectee को स्वयम की ही गोली से मार लेते हैं और फिर चाहे वो इनका अपना DIG हो या Dy.S.P. और चाहे इंस्पेक्टर हो इनकी सुरक्षा प्रकिरिया में चलाई गई गोली कोई भेद नहीं करती और तुरन्त जान ले लेती है/ ओडिशा पुलिश के IPS officer DIG Jaswinder Singh, UP Police Dy.S.P. जियाउलहक़ और दिल्ली पुलिश के Inspector Mohan Chand Sharma इसी प्रकार की गोली के शिकार हुए थे वरना दिल्ली पुलिश को स्वतंत्र जांच करवाने कभी कोई संकोच न होता / सुरक्षा के नाम पर वर्तमान की सम्पूर्ण पुलिश व्यवस्था अपने आप में बहुत बड़ा ढोंग है तथा आम आदमी के जीवन को एक बहुत बड़ा खतरा /

बेचारे नेता को सुरक्षा देने के नाम पर पुलिस के सिपाही सिकोरटी का बहुत बडा ढोंग खड़ा कर देते हैं और खाली हाथ आम आदमी को नेता से दूर रखने में सक्षम रहते हैं ताकि कोई भी गरीब उसकी प्रसाशन द्वारा की जा  रही लुट की बात नेता के सामने न रख दे तथा नेता अपने चंद गुर्गों को खुश कर अपना समय पूरा करते रहते हैं /

आज तक इन ढोंगी नेताओं ने आम आदमी को संसद की मर्याद के ढोंग तले दबा कर रखा और अपने चुने जाने मात्र को इस बात का अधिकार समझ लिया की आम आदमी को लुटने और नोचने के लिए यह इस संसद नामी भवन में बैठ कर कोई भी ऐसा कानून बनाते रहेंगे जिससे आम आदमी को उसके जीवन तथा स्वतंत्रता एवं मेहनत की कमाई  से जब चाहे वंचित करते रहें और उससे लुटे जाने वाले पैसे  को यह अपनि सुरक्षा के ढोंग एवं सुख सुविधा पर जैसे मर्ज़ी खर्च करते रहें /

परन्तु आम आदमी के नवनिर्वाचित नेताओं ने सम्पूर्ण प्रजातान्त्रिक प्रकिरिया को शुरुआत से न केवल अपनाया है उसे अपने जीवन पर खरे रूप से उतार कर जीना आरंभ भी किया है जो की भारतीय प्रजातंत्र की रुकी हुई यात्रा की शुभ शुरुआत है/ तथा ढोंगी वंशवाद तथा सामन्तवाद पर आधारित पूर्व राजनितिक दलों के मुंह पर एक करारा तमाचा है/

प्रतिद्वंदी राजनितिक दलों को इस सम्पूर्ण खेल को अब आम आदमी पार्टी की नीतियों के मुताबिक खेलना होगा अन्यथा देश की जनता उन्हें तथा उनके ढोंगी नेताओं को अन्धकार के गर्त में धकेलते देर नहीं लगाएगी /

जब जागो तभी सवेरा / अब जागो /

Barriers to Justice in India

Barriers to seek justice for minorities in India

 

There is no question of barriers to justice when you have perpetrators in position of power to administer justice, how do you expect them to go for extreme suicidal step of delivering you justice. As long as the power formation of the laws of the lawlessness will remain in existence and the state is perpetrator of crimes, there will be no justice. If you allow to be taken captive through hollow and deceptive philosophy of governance and justice against which your forefathers sacrificed their lives, then you deserved it.

 

The biggest barrier in seeking justice in India is the existing state and its attendant institutions of coercive criminal justice system of India that was founded by the colonial rulers and functions on the principle of deception and surprise. The foremost and time-tested principal employed by armies from around the world to win the wars is the principle of deception, to surprise the enemy. The moment enemy succeeds in surprising you to the extent that you perceive him your ally and protector; you are in the midst of a disaster for extinction. The communities that are victims of injustice in post-1947 India are all the victims of colonial India and the two most deceptive institutions of colonial state, the local militia, named as police & " the Indian judiciary " both of these institutions function and follow all the colonial laws, protocols and practices & workculture, that were designed to terrorise and brutalise the public to generate sense of fear and ensure wilful subjugation of communities, for unhindered economic exploitation and that’s what these two institutions have been deceptively doing. In the democratic setup of India both these institutions are mandated for delivering security and justice to the people but the past practical experiences of people on ground substantiate that security and justice is made first casualty by these very two institutions.

 

The blueprint of these injustices was made by Benjamin Franklin while writing the rules of colonialism, where he says however peaceably your colonies have submitted to your government, shown their affection to your interests, and patiently borne their grievances, you are to suppose them always inclined to revolt and treat them accordingly. Quarter troops among them, who by their insolence may provoke the rising of mobs, and by their bullets and bayonets suppress them. Whenever the injured come to the capital with complaints of maladministration, oppression, or injustice, punish such suitors with long delay, enormous expense and a final judgement in favour of the oppressor.

The Sikh community, the community of warriors, the community that was founded to fight injustice, finds itself as the worst victim of injustices perpetrated not only by political families of majoritarian Hindu community but also by both of these deceptive institutions of police & the alleged Indian judiciary for having raised its voice against injustice and these deceptive institutions have dealt with the Sikh community in accordance to the colonial work culture of terrorising and brutalising the complainants of injustice and advance the agenda of the oppressor state.

 

The exploitative regime of colonialism, functions on the principle of denying the principal identity of communities by decimating it, through brutalities & terror and by killing the community leaders and to implement this strategy, it protects its criminal institutions through the laws of lawlessness and that's what, post 1947 India has been witnessing. The Sikh community perceives itself as the victim because it raised its voice against injustice and corruption organised itself to democratically challenge the state to demand its rights and the colonial state and its autocratic ruler family that had been nurtured and planted to assume the power deliberately created the circumstances and used the might of Indian army to eliminate this purported threat to the sovereignty of India .but Sikh community should not forget that same treatment is administered to that every community that has its distinct identity and which raises its voice against corruption, injustice and perceived as threat by the existing state.

 

The insurgency of Nagaland happens to be the oldest insurgency in the country dating back to 1960s. The 21 states of India are under the shadow of another insurgent movement in the name of naxalites where unarmed villagers are being killed in the criminal acts of security forces on regular intervals and community leaders are being tortured to death. The people of Kashmir have paid a heavy price with their lives and properties for having raised their voice against injustice and corruption of exploitative regimes but still it continues unabated. The extra constitutional laws, created by the autocratic rulers of post-1947 India who had assumed the powers of governance from Britishers have kept on succeeding in maintaining status quo by enacting new laws of lawlessness use of Indian army by a state that remains on war with its own people all the time is all part of the post colonial colonialism that perceives Indian society, only through the prism of the ruler and the ruled. The exploitative regime of this post 1947 colonialism has its own social order of the ruler and the ruled and any community or individual, who so ever will endeavour to destabilise this social order will be killed by the state forces or through judicial murders and it is continuing unabated.

 

It is the biggest propaganda and fraud of 21st century when India claims itself as the world's largest democracy. On the eve of departure from India, the British Rulers handedover the colonial power structure to those political people who were broughtup and conversant with British culture and British value system. and had been acting middleman to diffuse the pressure on colonial rulers by channelising the energy of revolting public from grassroots. This Political leadership with complete loyality to its British Masters not only continued all the antidemocratic laws, rules regulations and protocols and practices in post independent India, they adopted harshest parts of British laws(Government of India Act 1935, Defence of India rules 1910 and redrafted as Defence of India Act 1915) while writting democratic constitution. All those people who were educated and broght up with British education and language wrote democratic constitution of Independent India with antidemocratic laws in tandem.In the name of democracy, India though adopted electoral system but it has continued all the colonial laws of lawlessness and its complete governance apparatus including deceptive judiciary that functions on the principles of absolute discretion and complete immunity to accountability and sole reason of endemic corruption and injustice to its people. It is the judicial corruption and exploitation of governance apparatus protected by local militia in the form of police and Indian army that has led to the emergence of new class struggles in the country.

Nowhere in the world, justice can be dispensed to the people through the laws and the language that remains alien to the social fabric of that society. The Indian judiciary is still following all the colonial laws that were created by Britishers and worded and structured in a way that gives absolute discretion and liberty of interpretation to suit it to its arbitrary judges and accordingly the judicial officers take full advantage of these laws to advance the agenda of state actors/accused and fulfil own vested interests and inflicts injustice to the complainants. The rampant corruption prevalent in judiciary and the police has led to the rejection of both these institutions by the common man on the street and victims of violent crimes keep dying due to public apathy that emanate out of public distrust on these two institutions. As a matter of practice, where ever state actors have been found to be involved in extrajudicial killings or fake encounters the accused persons are allowed to die their natural death before justice is dispensed in such cases. All the cases of corruption or injustice filed against the state actors or even the criminal cases of henious crimes or even rape and murder remain pending in the courts for decades that give advantage to the criminals and inspire their confidence on the courts and the rise in the number of such crimes on the streets is directly attributable to judicial corruption.

The politically elected representatives that are made accountable by public every five years do not have an independent capacity, experience, specialisation & visualisation to bring institutional and structural changes to democratise the existing apparatus and completely bank upon the bureaucratic machinery for policy formulation and this bureaucratic machinery remains on the spree to get enacted Draconian laws to crush the voices of political dissent that are outcome of the conflict between the Democratic aspirations of the people and the existing governance apparatus and its laws.

 

 

In such a state of crisis when complete Indian nation is coming in direct conflict with its ruling class, comprising of corrupt political leadership, bureaucracy, judiciary and corrupt media, the onus lies on those community leaders of character and integrity, who can make personal sacrifices of their time and money and organise communities to save Indian society from the onslaught of state institutions and strengthen the political leadership with evidence-based informations for policy formulation for repealing of antidemocratic laws and democratisation of all the governance institutions including police and judiciary. Till such time many more innocent people may have to fall victims to not only injustice and corruption but judicial murders by Indian states and its coercive judiciary and we may have to accept it for having reposed our trust in deceptive institutions and hollow philosophy of establishing the world’s largest democracy.

 

Lengthiest Constitution;Fraud in the name of democracy

The lengthiest Constitution in the world; The largest fraud; does it evolve democracy

"Colonies will not cease to be colonies because they are independent", this prophecy of Benjamin Disraeli made on 05th of February 1863 at the impending American Civil War, proves hundred percent truth in relation to India. The foundation of this largest fraud of the century called world’s largest democracy as founded by the Congress was laid by none other than India's first prime minister in the form of existing constitution.

 The supreme sacrifices of lakhs of patriots who came from poor working class of Indian peasentry and their trust was betrayed by the elitist political leadership implanted and nurtured by colonial rulers. The views of shri H.V.Kamath, who was member of the constituent assembly, are adequate to describe this document, he said it in a sanskrit  sloka dedicated to this constitution that means " we had began to create Lord Ganesha, but ended up making a monkey" so the citizens of post-British India are all but victims of this monkey justice being dispensed by complete governance apparatus and outcome is the emergence of new class struggles in the country and organised state violence against the unarmed citizens and complete denial of justice to the victim's across the country.

The communities of the Sikhs & the muslims became worst victims of communal politics perpetuated by the colonial congress that gave birth to communal politics based on division and deception. The Congress sponsored attack of Indian Army at the holiests of Sikhs shrines on the pretext of driving out holed up militants and its byproduct BJP attacked a mosque for being in majoritarian mob to exploit Hindu vote bank sentiments, though there were neither militants holed up nor the arms.

The post British India got divided into three classes, the rulers, the ruled and the pimps. The strategy adopted to perpetuate the slavery is to isolate the community that raises its voice and project them as separatists and threat to national integrity, use planted operations to induce violence with excessive use of force to provoke public protests and provide shield of immunity to accountability for state brutalities and keep robbing the working class with odious taxes to maintain huge security establishment and grandeur of the all holy cows called organs of democracy.

Deception is one of the most powerful tactics being adopted by even the strongest of the armies to defeat the adversary and this element of deception was perfectly used by the Congress and its English leaders who pretended themselves to be Indian but were in fact the product of the vision and values of Macaullay and succeeded in deceiving the Indians with a constitution, that has all the Democratic values confined only to the 1^st paragraph of its preamble but beyond it, there's nothing but all antidemocratic provisions. The provisions adopted from the defense of India rules 1914, the harshest part of government of India act 1935 and perpetuating the colonial laws and the colonial institutions has further compounded the problems of post-British Indians.

The complete governance apparatus, founded by the Britishers was with the objective of territorial control and economic exploitation of masses. The protocols practices were designed to be authoritative and ceremonial to keep people over awed and have a sense of fear from the state functionaries. The element of deception in every state institution remain so strong that covertly these institutions agenda is completely opposite to its overt principle of functioning.

 The laws relating to the standards of acceptance of evidence, the powers of arrest, search and seizure and even depriving a person from his life, denying the people to assemble, denying the freedom of expression and providing complete protection from prosecution to the state functionaries for their criminal acts are some of the most important features of these laws that reduced the status of a citizen of democracy to that of a beggar or a slave when pitted against the state functionaries. The protocols and practices of colonial judiciary were also designed to prolong the trials to covertly, punish the complainants with enormous expenses and delays and give advantage to the oppressor and it continues in post-British India too.

Whether Anna or Ramdev or Arvind kejriwal, above antidemocratic provisions have been ruthelessly used to crush the democratic voices and all the state acts of brutality have been covertly protected by not making real culprits accountable by the judiciary.

.The constitution of India of 1950, one of the longest ever framed for an independent country and adopted on 26 January 1950, contained 395 articles and eight schedules in 251 pages in its official version in English language turns out to be a paradox for democracy.

We will peal off the layers of this fraud one by one by starting from the constituent assembly itself. The members of the constituent assembly had in all 217 members, out of which 15 were woman. These people were basically the elite and were never elected by the people and never represented the true spirit and aspirations of poor Indians. These members were but elected by sitting members of already existing provincial legislative assemblies that were set up under the government of India act 1935. The representation was on the basis of one member for each million and it laid the foundation for the denial of justice to the Muslims and for that they have been paying heavy price.

 All the challenges that are being faced by the citizens of India from the governance apparatus comprising of the executive, legislature & judiciary , emanate out of this largest constitution of world that was described as “wastepaper” by seth Durga swaroop from central province on 19 November 1949 in the constituent assembly debates.

The apathy, corruption, criminalisation & impunity are the fundamentals gifted to Indians by this constitution by having watered down the fundamental rights. The centralised power formation, the draconian powers, vested in the hands of the President in the form of, emergency provisions, the division of powers between the centre and the states and keeping the constitution devoid of detailed role, responsibility & accountability of state functionaries, laid the foundation of pernicious corruption that was further compounded by the perpetuation of colonial criminal justice system.

Shri HV Kamath (central province & berar, general) the member of constituent assembly , very clearly said that " the drafting committee had a soft quarter for those feminine dignitaries who will preside in those temples of justice and not to the humble votaries in the temple"with regard to the equality existing in the provisions of constitution for the state functionaries and the citizens of this potential democracy, he said "As regards the equality, we find that there are some provisions which confer the same equality as we fight between a cat and a mouse, of a horse and and an ass", regarding fraternity provisions he said "As regards fraternity, I feel that we have shown fraternal love and regard for the permanent services, especially the higher services as well as the higher dignitaries of state to whom I have already referred"he was very hopeful while concluding his speech " A time will arrive when India is stabilised and strong, and I hope we will then go back to the original plan of the panchayat raj or decentralised democracy".

But today we the ordinary Indians from Kashmir to Kanyakumari and Punjab to Nagaland stand as the worst victim's of India's permanent colonial services, the institutions that are making security and justice to the common man very first casualty. The antidemocratic provisions existing in the constitution have provided the citizens of India a class of rulers comprising of the elected representatives, government servants, employees of colonial judiciary and armed forces that are completely devoid of direct accountability to the masses and using the state institutions to crush the Democratic aspirations and Democratic voices of the victims of injustice and corruption. All the state functionaries who derive not only their sustenance but luxurious lifestyle full of grandeur and pomp and show from the taxpayers money, remain on a spree to further enact the laws that can provide them immunity to accountability and further create environments to deprive the common man from participation in the democratic process.

The highest threat to contemporary India, doesn't come from the hostile forces beyond India's borders but from the existing state functionaries and especially the political class backed by the security and justice sector. If India disintegrates, it will be due to the injustices and corruption perpetrated by the existing state functionaries and we stand on the crossroads of liberty or division being thrusted upon us by none other than the existing rulers on the ruled.

It is a time for us to rewrite the democratic constitution of India to give the liberty to the enslaved and divided Indians, enslaved and divided by the Congress for 55 years and its byproducts, the other communal political parties rest of the time.

Had the colonial judiciary and the laws of lawlessness been founded to dispense justice to native Indians, all the colonial rulers would not have been able to go back alive to England with huge wealth but hanged in India itself with confiscation of their assets too.

 But unfortunately in spite of 65 years of their departure, the common man of India is still the victim of deceptive constitution, deceptive coercive criminal justice system and deceptive state.

The root cause of this 200 years of slavery is though the constitution, but it is the colonial judiciary that is at the helm of this rot, though this institution has been completely rejected by the common man but still he fears this institution and pretends to respect this wild bull as a holy cow, it is time for us to tame it by democratizing it by rewriting the constitution, by repealing all the colonial antidemocratic laws of lawlessness and enacting our own laws with the participation of people from the grassroots and create an India that deserves not the post colonial colonialism but democracy..

When security organizations get ruined by pseudo professionals as policy makers

India’s complete security apparatus(State/Central Police Organizations) are marred with unprofessionalism of policy makers, so whether, it is MHA where some IAS BABUS take decisions on behalf of Home Minister or Positions of DGs/SPL.DGs/ADDL.DGs/IGs/DIGs/SSPs/SPs(Comdts/Dy.Comdts) who take day today and long term policy decisions on behalf of complete organizations, these people come from diverse backgrounds with vast experiences of pushing files in different departments or acting as PRO, holding press conferences over the work of field units, or Supervisory ceremonial head where they have been all along working as Administrative and disciplinary authorities and running the administration of various organizations but rarely with relevant field experience of working with the human element into field units of these security organizations and outcome is recipe for disaster for which heavy price is paid by none other than constabulary and front line officers and common man who may fall victims to violence and crime where death remains a bullet away.

Leadership Positions into these security organizations, call for such professionals occupying these positions who have been transformed into professionals through rich field experience that has no substitute on the limitations and challenges of capabilities of human element  and available material resources based on training and varied operational experience of the units and the manpower of these organizations.

All The supervisory positions are being treated as a pie of which everyone wants a bigger share with longest service tenure but when it comes to working at frontline to accumulate the relevant field experience, it is seen as endangering the existence of very species that are responsible for the current mess. The protagonist of Police Reforms In India who moved Supreme Court and had all the perseverance to demand fixed tenure based on seniority, never  asked these people being tested for their professional capabilities to lead these organizations to face the future challenges.

As a public policy advocacy organization “Nishan” is going to take up the issue with HM and Parliamentary standing committee to ensure that people being inducted into security organizations in leadership positions, starting from SSP to DGP should have relevant operational  experience of having physically performed with field units and they shall be tested on their being in touch  with the latest security developments in field working conditions ,lest they live in fools paradise of experience accumulated 25-35  years back.

Unless a person has remain involved in operation work with human element on ground and practically participated in the implementation of  strategic policies and conversant  with its outcomes and capable of visualizing organizational policies to make it performance oriented, one should not be inducted or promoted to supervisory administrative leadership positions of police forces in the country.

The contenders for these leadership positions shall be tested to demonstrate their abilities, skills, experiences and professional knowledge for the role they are going to play by assuming these positons. They may be tested by a board of officers consisting of organizational officers and independent experts with specialization in the fields of operations, management, financial planning, human resource, media exercise, decision making to various operational scenarios and operational mobilization plans to meet various contemporary situations on current issues.

Contenders for these positions shall be made to undergo selection exercises without any orderlies to handle laptops and make power points on their behalf.

Recently I visited J&K and found that DGP comes from Andhra Pradesh Cadre and leading as specialist for this volatile state, can he lead the force with his seniority of Babudom in IB or experience of AP. He can only work as Press officer issuing statements to media in English or Telgu, hence we preferred to meet an officer whom locals trusted and he was not DGP but IGP.

Police in India needs to be restructured,demilitarized

The police in India needs to be completely restructured, demilitarized, and made locally accountable with citizens’ oversight to attract and sustain public cooperation, and make it public lead, to win over trust of people, the "public trust" that remains cornerstone of successful policing.

In today’s era of fundamental terrorism and phase of transition to democracy where insurgency movements have sprang up for the failure of constitutional mechanisms, no police can succeed in its fight against terrorism or insurgency, until it has won over the trust of public. The trust that cannot be won over by sheer authority or brutal police force but with transparency and stringent accountability and performance measures in the hands of public.

The community and political leadership of India should not forget that the existing policing practices and its work culture provokes conflicts and deepened the crisis, eroding trust of common man on politically elected governments and creates environments where terrorism can prosper. The existing work culture of police remains in conflict with Democratic aspirations of the citizens and turns the democratically elected governments into the adversary of public.

The existing hierarchical structure of police needs to be flattened to decentralize the power formation to make it performance oriented, pro-active, responsive not only to the local community needs but to the individual needs of citizens in distress and directly accountable to the people and the rule of law. The top cops who constitute merely 0.13% of the police force but vested with absolute authority over 99.87% of the police force without any direct accountability, lead police force not due to any specialization but absolute administrative and disciplinary power formation .

The 87% of police comprises of the constables who have no legal empowerment, training to act as an independent first respondent to the individual needs of citizens in distress and victims of violent crime. The constabulary that forms the bedrock of the police organizations across the world, have no incentive or career progression programs in India and they remain the most used and abused lot.

The investigation officers that form 12% of the police force and constitute middle rung also remain victims of ill management, flawed recruitment and training that is headed and supervised by IPS officers. In general, the half of the 12% of investigation officers come from the constabulary and thus render the 93% of the police force into the instruments of obedience and compliance on the instructions of the police leadership that remains far from practical policing.

The existing police in various states of India is nothing but Armed Militia under the command of a bunch of people whose flawed recruitment and training renders them lacking in leadership and professional policing for being far from transformative and comprehensive process that can turn them into professional police officers. In the mid-70s the Gore committee report made detailed observations on the flawed recruitment system that was responsible for intake of substandard material into the IPS and this conclusion was based on the feedback received from a large number of state police chiefs but the recommendations of Gore committee were never acted upon.

During my 30 years of field experience with various Central/State police organizations and my interaction with a large number of IPS officers, their working and their reactive decisions to particular situations and its results substantiated ,that they lacked not only in leadership and organizing abilities but also lacked in aptitude necessary for a police officer and completely lacked on practical experience of policing that has no substitute and with this they lacked confidence and suffered with low self esteem that bred arrogance and secretive working and denial of information sharing for improvement lest they get exposed.

All the positions of Indian police service officers starting from SP/SSP/DIG/IG/ADG/DG are all at the administrative positions with no role in the front-line policing. All these positions have no specific operational role, direct responsibility and accountability. The authoritative and ceremonial work culture with colonial legacy, deprives them of their practical participation in the day-to-day policing and thus turning their positions into reactive and far from grassroots realities. There lack of direct accountability for police failure and the lack of practical experience, leads to their taking decisions in accordance to their proximity to the political powers rather than the sound policing experience and leads to complete politicization and corruption. In existing police organizational structure from Constable to DGP is a strict chain of command without any scope for political interference but it is the political decisions of police leadership, emanating out of bad policing that get attributed to political leadership for being conspicuous. In existing paramilitary organizational and work model of police, the political leadership cannot take operational policing decisions.

The Ministry of home affairs that is cadre controlling authority of IPS, Bureau of Police Research and Development that is apex body on police research in India and various state police organizations have repeatedly failed in providing us information on the operational role responsibility and accountability of IPS officers in the existing police organizations. The Union Public Service Commission that is autonomous body and responsible for recruitment of IPS officers, finally admitted in writing to us that they have no specific examination through which they can judge essential competencies and aptitude necessary for a police officer.

The complete recruitment system of police in India needs to be redrafted with complete prohibition of lateral entries at the level of IPS/Dy.SP/Inspector/Sub Inspector/Assistant Sub Inspectors except for the specialized positions with specialized educational qualifications and experience. Everyone needs to begin from entry-level confined to Constable with aptitude and psychological tests and on the job of education in subjects that are relevant to policing and gradual career progression in specific branches in accordance to aptitude and competencies developed over a period of time through practical experience.

The complete training regime of policing in India needs to be reorganized by distancing it from militarization that has been preparing police officers into perverted infantry combatants with the sadistic/disciplinary indoctrination that turns them into inhuman brutes of but servile instruments of coercion who blindly obey and comply the orders of administrative authorities without even questioning the legality of such orders.

Turning an individual into a professional police officer is highly transformative and comprehensive process of human mind that is oriented through practical police working stretched across period of time and cannot be substituted by higher academic degrees of various streams or training capsules of any kind.

 The only way to move forward is to begin the process of participation of all the stake holders and strengthen the political leadership with evidence based information and keep it alive as an ongoing process at city and town level by establishing independent citizens watchdog bodies that must monitor the limitations and challenges of existing system and simultaneously seek the reforms.

Saluting Arvind Kejriwal & Manish Sisodia in particular and Complete Anna Team in General for commencing India's transition to democracy

On behalf of “Nishan Toli” I salute all of you for the rare feat in crusade against corruption for the mobilization of masses and take on the might of corrupt establishment and exposing it.

We express our complete solidarity with you in your crusade against corruption and injustice, since we are also fellow travelers on same mission but dedicated to long-term sustainable reforms in Security and justice sector through participatory campaigning from grassroots.

We do support for enactment of Jan Lokpal bill, it will bring symptomatic relief to the people from injustice and corruption.

But we believe real panacea will be repealing of all colonial laws, protocols and practices and abolition of Coercive Criminal Justice System and Paramilitary Structure of police founded by Britishers for subguation of masses for unhindered economic exploitation.

 The existing Coercive Criminal Justice System and Paramilitary Structure of police were conceived as integral part of the state Power to overawe the common man  to suppress the voices of dissent and perpetuate covert economic exploitation to benefit the incumbents  of these judicial offices, who will advance the agenda of rulers and overtly  purporting to be dispensing justice.

 Indian citizens of post independent India are victims of this Criminal conspiracy of colonial rulers due to perpetuation of both these institutions in their original form with colonial laws(IPC,CrPC Etc.), the outcome is anyone’s wild guess, every criminal when caught by inspiring citizens and taken to court by police is always confident of police and judicial performance and smiling and expresses his  complete trust on Judiciary knowing it fully well that he is now going to take the complainant on a long ride who committed mistake of reporting the crime. The law abiding peace loving people are always scared of going to judiciary .

In our working at the grassroots we have experienced that it is always the criminals who keep threatening law abiding citizens for being taken to court and law abiding citizens even if victims of an offence are scared of taking recourse to the court of law. They prefer committing suicide like Gitika Sharma knowing it fully well that this long and tedious legal journey is always accused friendly.

No society can be governed by imported laws. Laws need to emanate out of social fabric of society in their own language and dialects and possess the soul of communities. It has to be the social control mechanism based on traditions and religious values that must form foundation of justice system.

It is a thousand miles journey to repeal the existing colonial laws that are all one sided contract of native Indians with a state founded on the principle of immunity to accountability and outcome of western social technologies making security and justice to Indians of post independent India the very first casualty.

In complete solidarity with you to maneuver the campaigning for long term sustainable reforms for India’s transition to democracy from post colonial colonialism of Benjamin Disraeli who had predicted India’s fate in 1863 at the impending American civil war on 05^th February by saying “Colonies will not cease to be colonies because they are independent”

Police indulging in criminal acts-Whose is responsible-Police leadership

POLICE TERROR
• Jairam Khora, a sarpanch of Badapadar, Malkangiri was picked up by the Orissa police and handed over to the Chhattisgarh police on 14 September. He was detained without being charged, tortured and kept in custody for eight days and then released after he was forced to sign a statement saying he accompanied contractor B.K. Lala to pay off the Maoists on behalf of Essar Steel. •On 11 May 2010, 17 Kondh adivasis from the village of Samna in Narayanpatna block, were apprehended by Greyhounds, then blindfolded, handcuffed and put on a helicopter and taken to Salur police station in Vizianagaram, Andhra Pradesh. There, they were interrogated, beaten and threatened not to support either the adivasi Kondh land movement or the Maoists. They were let off on 14 May, after three days in custody. •In Maharashtra, Arun Ferrera, alleged Maoist and a resident of Bandra was acquitted of all charges by the High Court. The police had accused him of a crime which took place when he was already in prison. He was acquitted of that too. Yet instead of being released, Arun Ferrera was taken out of prison by plainclothes cops, put into a car without a number plate and driven off to face more charges. He is charged in a crime where his name was never mentioned in the First Information Report.

Creative Police leadership on Job-Criminalising Police

THE CASE AGAINST POLICE FICTION
On 5 February 2011, the Delhi Sessions Court acquitted seven Kashmiris of being terrorists. It ruled that an encounter on the night of 2 July 2005 was a fake encounter and all charges against the Kashmiris were fiction. The court indicted the policemen to be charged under Section 166, Section 193 and Section 195. Excerpts from the order by Judge Virender Bhatt are worth noting:"All these four police officers have acted in advancement of their self interests in total disregard to the demands of their solemn duty. These four police officers whose duty was to protect and safeguard the citizens, have turned persecutors and tormentors.
"The aim of the investigating agency is to collect evidence and not to create it. Its aim should be to discover the truth. It is not only unethical but also illegal for an investigating agency to resort to concoction, paddling, fabrication of evidence – all serious offences under the law – even to bring a known criminal to justice."Its relevance in India is much felt as there are no defence investigators as there are in various Western countries. Hence the machinery of criminal law is often used here as a handy weapon to wreak vengeance on the enemy.'
"In India, a section of some overzealous, overambitious and scrupulous police officers is seen, who seem to think that if a person is really harmful to the society, there is no problem in creating some evidence or supplying the missing link in the evidence to secure his conviction. If fabrication of false evidence were to be justified because of a laudable motive, the worst criminal on earth would justify the worst crime on the ground of good motive."I, therefore, direct the Commissioner of Police, Delhi, to initiate appropriate enquiry against the four police officers SI Ravinder Tyagi, SI Nirakar, SI Charan Singh and SI Mahender Singh (who by now may have been promoted to the post Inspector) for the misuse and abuse of their powers as a police officer, as detailed hereinabove.
"A copy of this judgment be sent to the concerned Magistrate dealing with the cases of police station Kapasahera with directions to treat the same as a complaint against SI Ravinder Tyagi, SI Nirakar, SI Charan Singh and SI Mahender Singh of Delhi Police for offences punishable U/s.166, 193 and 195 IPC and to proceed with the same as per law."This case as of now, whose order is a rarity in itself, is under appeal.

A CASE IS PUNISHMENT ITSELF

In Maharashtra, a few days ago, Arun Ferrera, alleged Maoist and a resident of Bandra was acquitted of all charges by the High Court. The police had also accused him of a crime which took place when he was already in prison. He was acquitted of that too. Yet instead of being released, Arun Ferrera was taken out of prison by plainclothes cops, put into a car without a number plate and driven off to face more charges. He is charged in a crime where his name was never mentioned in the First Information Report.
Ironically, one of Arun Ferrera's thesis' from Nagpur Central Jail was titled, "Where Arrests Follow Acquittals", where he studied the cases of countless others in Nagpur Central Prison, especially adivasis from Gadchiroli district of Maharashtra, which borders the Maoist-stronghold Abujhmarh.
Arun Ferrera's case is very similar to the case of Padma, wife of Balakrishna, resident of Ramnagar, Hyderabad. Like Ferrera, she was acquitted of all charges on 10 August 2009 by the Bilaspur High Court, Chhattisgarh. But instead of being released from Raipur's Central Jail, she disappeared.
A few days later she was booked under Sections 147, 148, 307 of the IPC, and Sections 25 and 27 of the Arms Act, and remanded to judicial custody. Padma, wife of Balakrishna, was now identified as Padma, wife of Rajana, a resident of Bhopalpatnam, Bijapur district of Chhattisgarh who was actually shot dead in an encounter on 15 October 2006, in the Ballampalli forest.
The Chhattisgarh police was arresting ghosts.
And yet Padma remains in jail because it is a known fact that she is the wife of Maoist Balakrishna, aka Bhasker Rao, a member of the Andhra-Orissa Border Committee. The harassment of family members of known Maoists has been standard operating procedure in counter-insurgencies.
The slow agonizing process of the judiciary becomes punishment itself. Arun Ferrera had also alleged that the police had tortured him, but the High Court found no evidence of it, and yet the wait for freedom, which is swiftly postponed as another case is slapped on the recently acquitted, is also torture.
Hope becomes the weapon of the state.

Criminals on prowl-It is standard police working to falsify its records and create eveidence to implicate people

Wrongful confinement, falsification of evidence are standard police procedures by JAVED IQBAL 9th Oct
Whistleblower and intelligence officer Sanjiv Bhatt was arrested for Section 341 (wrongful restraint), Section 342 (wrongful confinement), Section 189 (injury to public servant) and Section 193 and 195 (falsification of evidence) on 30 September 2011. There aren't many people who think his arrest isn't politically motivated, but if these charges were to be applied to the police machinery across the country, then a whole lot of them would/should be arrested, as "wrongful confinement" and "falsification of evidence" is almost standard operating procedure.
Jairam Khora, a sarpanch of Badapadar, Malkangiri was picked up by the Orissa police and handed over to the Chhattisgarh police on 14 September. He was detained without being charged, tortured and kept in custody for eight days and then released after he was forced to sign a statement saying he accompanied contractor B.K. Lala to pay off the Maoists on behalf of Essar Steel.
The police claims he was there on his free will, while the now-released Jairam Khora joins countless adivasis in Central India, to whom being "abducted" and "detained" by policemen is an event that takes place in frightening regularity. This is true especially for the thousands of people living in the interior forests of Bastar, who have given up on travelling to local markets, or travelling through police checkposts, over risks of being interrogated, beaten or arrested simply by association.
Recently, recorded conversations have appeared where a policeman, Mankar, is talking to adivasi teacher and alleged Maoist, Soni Sodi, who is also accused in the Essar-Maoist nexus case, claiming all the charges against her and her nephew Lingaram Kodopi (who was once locked up in the police toilet for 40 days) are fabricated. Soni Sodi was arrested in Delhi on 4 October and she fears for her life, when the same Mankar of Kirandul police station is on record telling her that "she should allow herself to be arrested and that she would be released after three months".
Now in the case of Jairam Khora and the Soni Sodi, can Section 341 (wrongful restraint), Section 342 (wrongful confinement) and Section 195 (falsification of evidence) be used on the police?
Usually, no one ever files a complaint against the police for fear of further harassment. And no one held by the police is ever released from a police station without signing a blank sheet of paper.
Meanwhile in Orissa, on 11 May 2010, 17 Kondh adivasis from the village of Samna in Narayanpatna block, were apprehended by Greyhounds, then blindfolded, handcuffed and put on a helicopter and taken to Salur police station in Vizianagaram, Andhra Pradesh. There, they were interrogated, beaten and threatened not to support either the adivasi Kondh land movement, which is fighting land alienation, the Chasi Mulia Adivasi Sangh or the Maoists who were beginning to build a base in the area as soon as state repression fell hard on the adivasi movement. They were let off on 14 May, after three days in custody.
Land movements, specifically, suffer from mountains of false cases that remain a handy method of coercion and suppression available in the supermarket of state violence. On 26 September this year, a group of workers alleged to be goons, had attacked anti-Posco protestors while the police watched quietly. When Satyabati Swain, mother of Ranjan Swain, one of the leaders of the anti-Posco movement, who was hurt in the attack, had gone to the police station to lodge a complaint about the assault, she was jailed for a case of "wrongful assembly" from 2008.
As of May 2011, there were a total of 178 cases on the people protesting against Posco. Seven more were added in the last five months, including a charge of murder against the leader of the movement, Abhay Sahu, who had already spent time in prison.

Attacks on Team Anna supporters

First attack on Mr.Prashant Bhushan in his chamber at Supreme Court and later on brutal attack on the the supporters at Patiala House court are all part of a well thought out strategy of political parties that use rioting tactics to silence the voice of dissent. The Police of Delhi that is known for its brutalities on hapless citizens was acting as mute spectators and extending it complete cooperation to the hired goons of political parties.
The people who were assaulted were common citizens from middle age and the attackers were all hired and the way it was all executed reflected, political experience at work. The political parties that have been neck deep in corruption and looting the public money have been completely frustrated from the rise of public and see their own immient death and resorting to these acts to terrorize the public from supporting Campaign against Corruption.

What we need today

“Why I Am An Atheist?”, written by revolutionary Bhagat Singh in 1930: “...A short life of struggle with no such magnificent end, shall in itself be the reward if I have the courage to take it in that light. That is all. With no selfish motive, or desire to be awarded here or hereafter, quite disinterestedly have I devoted my life to the cause of independence, because I could not do otherwise

Conduct worthy of a police state

Conduct worthy of a police state
Siddharth Varadarajan
The peremptory deportation of a Nepali student from India and the unlawful detention of a tribal woman shot by the police in Chhattisgarh raise troubling questions about the power of our ‘national security’ apparatus.
The Indian Constitution and various laws framed under it grant the Indian state and its agencies enormous power to regulate the movement of persons, especially when the bogey of national security is raised. These powers include the preventive detention of citizens under one pretext or the other and, under the Foreigners Act, the summary deportation of foreign nationals, including those that have legally entered the country and have not violated the laws of the land in any way. Indian nationals who are unable to prove their citizenship to the satisfaction of the police are also subject to summary deportation, without the automatic right to be heard by a court.
Implicit in the grant of such extraordinary powers in a democracy is the understanding that the exercise of authority will be governed by reason and justice in the broadest possible sense. When these principles are jettisoned, arbitrariness and abuse of power become the norm, exposing, under the brittle veneer of democratic paint, the ugly face of a police state answerable to no one other than itself.
Nitu Singh, a young woman from Nepal, is a final year student at the prestigious Film and Television Institute of India at Pune. On the night of December 5, 2009, the city police landed up at the FTII hostel without any warrant or paperwork, took her into custody, gathered her personal effects and moved her to Mumbai, from where she was deported to Kathmandu the next day.
The only reason cited by the Pune police was that Ms. Singh had indulged in “anti-national activities”. No detail of these alleged activities was provided, no mention was made of which Indian laws she had violated and no attempt was made to substantiate the charges. The Indian Express, which broke the story, quoted Ravindra Sengaonkar, the city’s Deputy Commissioner of Police (Special Branch), as saying: “Nitu Singh was deported to Nepal because she was found to be involved in anti-national activities. It was a high-level secret operation which our team completed successfully in quick time… We are not supposed to share details. The case is high-profile and various investigative agencies are involved.”
Whatever the nature of her “anti-India activities”, one thing is clear: they were not serious enough to warrant the filing of criminal charges. So why was she deported?
Nitu Singh is the wife of Amaresh Singh, a member of Nepal’s Constituent Assembly. He has also served as an interlocutor between the Nepali Congress, which is his own party, the United Communist Party of Nepal (Maoist), and the Government of India, a process in which India’s external intelligence agency, RAW, has been deeply involved.
According to women’s activists in Pune who have taken up her case, Nitu’s deportation was engineered by her husband, from whom she had grown estranged over the past year or so. On his part, Amaresh has denied playing any role in the entire affair.
Of all the issues this deportation involves, the state of the Singh marriage need not detain us. Husbands and wives fight all the time. When global travel is involved, marital disputes can take on very complex dimensions. But what is unusual is the speed with which Nitu’s expulsion from India took place and the “national security” grounds invoked by the authorities. Despite the enormous latitude granted to the police by Section 3 (2) (c) of the Foreigners Act, foreign nationals are usually deported from India (a) if they are illegal migrants, (b) if they have overstayed their visa, (c) if they have finished serving their sentence for any crime they might have been convicted of, or (d) if their presence in the country is deemed by a minister to be prejudicial to public order. In most cases, the process of deportation is so leisurely that some of those targeted even manage to bring their case before a court, or to escape, as the three Pakistanis who relieved themselves of their police escort in Delhi did last week.
In Nitu Singh’s case, however, none of the usual grounds for deportation obtain. That is why those who took the decision to deport her chose “anti-national activities” as the reason. They gambled on the fact that the smokescreen of national security is usually a thick enough deterrent to ward off troublesome questions. While the S.P.S. Rathore case has taught us that no abuse of law or process is beyond the local constabulary, it is hard to imagine the Pune police dreaming up this deportation on their own steam. Indeed, Mr. Sengaonkar gave the game away by speaking of a “high level” operation and the involvement of other agencies. Since the Ministry of Home Affairs under P. Chidambaram has ordered a probe into this matter, one can safely assume that the “agencies” involved are not those that report to the MHA.
In a speech last month, Mr. Chidamabaram drew attention to the fact that several agencies involved in counter-terrorism report not to him but to the Cabinet Secretariat, the Prime Minister’s Office, and the National Security Advisor. Among these are RAW, the Aviation Research Centre and the National Technical Research Organisation. Could one of those agencies have been involved in the deportation? If so, who within the national security establishment decided Nitu Singh was engaging in “anti-national activities” and what evidence do they have to substantiate the charge? Was Amaresh Singh able to influence this process in any way? These are the questions the Home Minister will hopefully ask as he seeks to get to the bottom of a case that makes India look more like a banana republic than a democracy with rule of law.
If the power to expel a foreigner can be exercised so arbitrarily, this is because the power to prevent the movement of citizens within the country is subject to the same degree of caprice and contempt for the rule of law.
A young Adivasi woman named Sambho Sodi who was injured in police firing in Dantewada last year was prevented by the Chhattisgarh police from travelling to Delhi last week for medical treatment to her wounded leg. The grounds for her detention were that the police needed to record her statement about the incident in which she alleges the security forces fired upon unarmed civilians near Gompad village on October 1, 2009. The police, which claimed the Gompad shooting was part of an anti-Naxalite operation, had all the time in the world to record her statement but chose not to do so as long as she was in Dantewada. But the day she needed to travel to Delhi for treatment, they compelled her to get down from the vehicle she was travelling in and took her in for questioning, prompting her colleagues and friends to urgently move the Supreme Court.
On January 7, the Supreme Court ordered the State of Chhatisgarh “not to interfere in any manner whatsoever” with Ms. Sodi coming to Delhi for her medical treatment and to not “create any obstacle in her way”. At the time of going to press, however, activists handling her case said the police had still not cleared her departure for Delhi. Chhattisgarh has become one of India’s most notorious “no rights” zones, where state-supported vigilantes in the name of Salwa Judum and ‘Special Police Officers’ are free to attack those who are critical of the actions of the security forces. As matters stand, the Chhattisgarh government is already in violation of Supreme Court orders on the rehabilitation of Adivasis displaced by the Salwa Judum. How long the state police will prevent Ms. Sodi from travelling to Delhi remains to be seen.
In their own way, Nitu Singh and Shambho Sodi are both victims of a security establishment which operates on the penumbra of legality and whose forays to the dark side frequently remain unseen and unheard. Rare are the moments when we get to shine the light on them, rarer still the times when senior ministers undertake to right a wrong. The media and the judiciary must make the most of these opportunities.
In both the cases, I suspect, the respective state police/administration transgressed the boundaries of law.
Forget about the specific agency handling the case, it was the Maharashtra Police though; can anyone be deported out of the country without a court order? Would the knowledgeable ones comment?
I was for a while a part of the resistance to the blanket deportation drive undertaken by the Sena-BJP regime targetting "Bangladeshis" in (the then) Bombay and dispatching them off to Bangladesh across West Bengal / Bangladesh border.
Even these defenceless people, Bengali speaking poor migrant Muslims, had to be produced before a designated court. That was one of the entry points for intervention. Even in Assam, there is special tribunal, I guess.
And Neetu Singh was just wrenched off from one of the most prestigious academic institutions of the country and bundled out in an airplane!
I wonder why the activists who have admirably taken up Ms Singh's case are not approaching a law court to fix responsibilities?
Could someone comment?
Similarly, Sodi Sambo was never formally arrested. Just abducted while on her way to Raipur. And then kept barricaded from activists and journalists with ununiformed police persons!
Even the Supreme Court while mercifully passing an order directing the Chhattisgarh state administration to let her proceed to Delhi for her further medical treatment has apparently overlooked this aspect and taken a lenient view.
As a result, the state administration is delaying her release as much as possible. May even try to "persuade" her change her mind.
These are extremely disturbing pointers.
The Ruchika case has opened up a Pandora's box exposing brazen misuse of law and "power" by the high and mighty and shameful collusions at multiple levels.
Much more than any other similar case in the recent past, this one has also stirred up a public cry for "systemic" reforms.
And, mercifully, the state has taken some small but welcome steps.
There is a move, still only a move, towards compulsory registration of the FIRs with a tightened provision for penal measures in case of false or frivolous complaints. Madhya Pradesh has reportedly already implemented it. A facility for online registration of FIRs could significantly help. Himachal is expected to set an example.Initially, the relatively privileged ones would mostly benefit. But then the effects will spread, as in the case of the RTI.
There is now a provision for aggrieved complainant in a criminal case to directly go in for appeal to the higher court. That's a welcome change.
This momentum needs be further taken ahead, and must not get dissipated.
The human rights organisations must seriously apply themselves.
Sukla