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S.O.S e - Voice For Justice - e-news weekly Spreading the light of humanity & freedom Editor: Nagaraja.M.R.. Vol.09..Issue.09........

29/02/2014

Rajiv Assassination Master Minds scot ree ! "nl# tools o assassination convicted Rajiv $and%i Assassination &over'u( %tt(s://sites.google.co)/site/sosevoice orjustice/rajiv'gand%i' assassination'coveru(

Editorial : *I+ ' ,EA-. *ENA+-/ RI$.- "R 0R"N$ ! A1+"+I2. ,EA-. *ENA+-/ ' AN A**EA+ -" ..E..onoura3le *RE2I,EN- "4 IN,IA 5 ."N"6RA1+E 26*REME &"6R- "4 IN,IA

0./ ," 0E 7I++ *E"*+E 0." 7I++ *E"*+E -" -E++ *E"*+E -.A7I++IN$ *E"*+E I2 1A, !!! 8ust consider t%e ollo9ing acts (ersons convicted in rarest o rare cases t%at o Assassinating a or)er (ri)e )inister o india are co))uted to li e sentence 5 9it%in %ours released 3# state govern)ent o -a)il Nadu. 0%ere as so)e convicts convicted in %einous cri)es 3ut not %einous or rarest o rare li:e *M Rajiv $and%i assassination 9ere %anged 9it%out alternatives li:e co))uting t%eir sentances to li e ter).

*oor ; tri3al (eo(le in c%attisgar% ; And%ra *rades% ; 8%ar:%and 5 ot%er states in ested 9it% terroris) / na<alis) =even 9it%out an# )aterial incri)inating evidences> are c%arged 9it% c%arges li:e giving ood ; clot% 5 )edical aid to terrorists / na<alites; t%er3# 9aging 9ar against t%e nation . -%ose (oor tri3als rae (ut 3e%ind 3ars and tried under draconian la9s li:e -A,A ; *"-A ; M"&A ; etc. 0%ere as )ovie star 2anja# ,utt 9%o :no9ing ull# 9ell t%e intentions :e(t deadl# ar)s in %is %ouse . Ar)s 9ere given to %i) 3# )aster )inds o Mu)3ai attac:s. Initiall# %e 9as 3oo:ed under -A,A ; t%en -A,A c%arges 9ere dro((ed and a9arded a lesser (rison ter) t%an actuall# deserved. 4urt%er ; %e is getting (aroles 9ee: a ter 9ee: 9%ic% ot%er ordinar# (risoners are una3le to get even once.

&onsider t%e case o 1%o(al $as -raged# ; t%e co)(an# 5 to( )ost o icials 9ere 9ell a9are o sa et# (rocedural la(ses in t%e 1%o(al (lant ; still continued t%e o(erations. 0%en t%e accident %a((ened slaug%tering t%ousands 5 )ai)ing la:%s o (eo(le ; t%e govern)ent irst c%arged t%e %ead o t%e co)(an# 9it% c%arges o )an slaug%ter. A ter9ards ; %e 9as arrested 3ut stealt%il# acilitated to esca(e to %is %o)e countr# literall# lo9n out 3# t%e (olice ; c%ie )inister o t%e govern)ent. 2u3se?uentl# c%ie 8ustice o India dro((ed )an slaug%ter c%arges against %i) 5 iled lenient c%arges against %i) )a:ing t%e 9a# or lenient (unis%)ent in uture =86,$EMEN- 4I@IN$>. &8I 3ene itted ro) it ! *arado<icall# a ter retire)ent ; &8I 3eca)e %ead o t%e trust controlling crores o ru(ees )onitoring t%e re%a3ilitation o 1%o(al gas victi)s.

In this context it is quite pertinent to note that In India with money power , right political connections any crime can be done & be scot free . In India Legal system is for Sale , Judicial orders can be manipulated. The con ict in a case may be an innocent without recourse to right connections & legal aid. So , one cann!t be "##$ sure whether the death con ict has actually committed the crime.

% criminal is not born, but made by social circumstances. &or the crime scenario in India , e ery citi'en of India is indirectly responsible. (ur present inefficient, corrupt legal system , is wholly dependent on e idences which a rich criminal can create or destroy at his sweet will. )olice forcibly ta*e confessions from the accussed , by applying +rd degree torture methods. Some of the ,udges are literally auctioning - ,udicial orders- for bribe. .ue to all these reasons one cann/t be "##$ sure about one criminal/s con iction. In such cases, capital punishment will be unfair & inhuman. It must be made mandatory, in all death penalty cases that polygraph, lie detector tests, etc must be conducted on - death con icts - , to *now whether they are innocent or guilty inspite of hostile e idences. &undamentally, the capital punishment has failed as a deterrent. The people who clamour for continuance of death penalty are 0I%S1., I2345%2, 04T6317S & 6%2I0%LS. 8hy don/t they as* for death penalty to policemen, who murder people through +rd degree torture, in loc*9ups & fa*e encounters : why don/t they as* for death penalty to corrupt ,udges who sells ,udicial orders for bribe : why don/t they as* for death penalty to builders who cause building collapses, resulting in mass murders : why don/t they as* for death penalty to corrupt go ernment doctors who refuses to treat poor patient without bribe, causing the murder of poor patient : why don/t they as* for death penalty to industrialist; traders who sell adulterated food items, spurious drugs; medicines, in turn causing mass murders : why don/t they as* for death penalty to corrupt go ernment officials , who help criminals, industrialists: 8hy don/t they as* for death penalty to politicians who create communal & other riots, who ha e ties with foreign intelligence agencies, terrorist outfits : 8hy don/t they as* for death penalty to mole in the ).5.( & the senior officers of

2ational Security 6ouncil who passed on national secrets : 8hy don/t they as* for death penalty to public ser ants , ministers who ga e aid , support to terrorist outfits li*e L.T.T.1 out of go ernment of india coffers , *illing hundreds of srilan*ans , tamils : These are the guilty persons , criminals who don/t personally , directly murder human beings but cunningly murder hundreds which go unnoticed by any. &or the person who barbarically murders one human being you prescribe 6%)IT%L )42IS3512T but for those who murder hundreds you say nothing why : T31< 8(2/T %S= &(7 IT, 016%4S1 5(ST (& T31 )17S(2S 83( %71 .15%2.I2> .1%T3 )12%LT< %71 0I%S1., S1L&IS3 & 01L(2> T( (21 (& T31 S16TI(2S (& 67I5I2%LS 512TI(21. %0(?1. They lac* ob,ecti ity. .eath penalty is the ultimate . cruel , inhuman and degrading punishment. It iolates the right to life %rticle " of uni ersal declaration of human rights. It is irre ocable , prone to ,udicial errors and can be inflicted on innocents. It has ne er been shown to deter crime more effecti ely than other punishments. In most of the countries including india , ,udicial system is ineffecti e , inefficient to prosecute impartially both poor & rich criminals. Those condemned to death penalty mostly come from poor bac*ground who are unable to afford wise & articulate %d ocates who can efficiently argue their case. %gainst these poor accussed , the criminal nexus of police9criminal9bureaucrat builds up fa*e e idences , extracts forced confessions by +rd degree torture. 5ost of death con icts world o er belongs to either poor , T7I0%LS , .%LITS , etnic minorities , political dissidents , children , mentally ill. 2o rich & mighty criminal is e er prosecuted let alone hanged. The ,udicial system which depends on technical facts li*e e idences lac*s sense to figure out truth out of fa*e e idences , also as ,udges are human beings they are prone to err. %dd to this corruption in ,udiciary. .eath penalty is irre ersible & irre ocable. In a mature democracy li*e 4.S.% with relati ely efficient ,udicial system itself hundreds of cases of death con icts were found to be wrong , con icts were found to be innocents upon re iew & were let free. 8here as in india , the accussed lac*s the wherewithal to argue his case in the first place then how can he arrange for case re iew : no ,udge is god , if a hanged person is found to be innocent the ,udge doesn/t has the

ability to bring bac* the hanged person to life , do such ,udges ha e right to snatch away li es : 3ereby 345%2 7I>3TS 8%T63/S 4rges 3.1 . )71SI.12T (& I2.I% & 3(2(47%0L1 S4)7151 6(47T (& I2.I% , ". to stay all death penalties until equitable criminal ,ustice system with respect to abo e mentioned rich & mighty criminals is put into force . @. until death penalty is abolished, to ma*e poly graph, lie detector tests mandatory for all death con icts in a free & fair manner by a neutral authority , to ascertain whether the con ict is really guilty or innocent of the alleged crime . +. until death penalty is abolished , to gi e a peaceful choice of death to the death con icts li*e sleeping pill, in,ection, gun shot, etc instead of medie al & barbaric - death by hanging-. A. finally, to abolish death penalty from statuette boo*s.

J%I 3I2.. ?%2.1 5%T%7%5. <our/s sincerely, 2agara,.5.7.

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Law student sexually harassed y ex-Supreme !ourt "udge# case is not uni$ue% ut speaking out is nearly impossi le

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/elease -rom Sharmila

0/ole of Vaiko% 1arunanidhi in /a"i. assassination not pro ed2

3he chief in.estigating officer of the /a"i. 4andhi assassination case% 1 /agothaman% has alleged that the then 561 leader Vaiko% as a prosecution witness% turned hostile and escaped the charge for per"ury at the ehest of the former S-3 chief 5 / 1arthikeyan. -n his ook 0!onspiracy to kill /a"i. 4andhi 7 from !8- files2% /agothaman said that during the in.estigation more than 9(( .ideo cassettes were sei:ed% including a cassette titled 0-n tigers ca.e2 re.ealing Vaiko2s clandestine .isit to the L33; area in Jaffna.

<=e was speaking .ulgarly a out /a"i. 4andhi and spitting .enom on /a"i.. -t is also found that he met >ottu ?mman when he was introduced to him y >ra hakaran. Vaiko was not $uestioned on this. ?lso% he was made witness to speak a out his con.ersation with >ra hakaran while he was kept in the ?shoka =otel% prior to signing of -ndo-Sri Lanka accord%@ /agothaman wrote. 5uring the trial% Vaiko refused to admit .oice on a .ideo clip of a meeting secured y in.estigators% in which% he is heard saying that he told >ra hakaran o.er the intercom in ?shoka =otel that 0/a"i. 4andhi sta ed him in the ack and the proposed accord was not the solution for achie.ing 3amil ;elam.2 Soon after the meeting etween >ra hakaran and /a"i. 4andhi% on the -ndo-Sri Lanka accord% Vaiko had a talk with >ra hakaran on intercom. /agothaman has also dragged 561 patriarch 1arunanidhi% who a ruptly cancelled his meeting at Sriperum udur on 6ay ')% ),,)% to the centre of contro.ersy. /agothaman wrote% <Ahen - had collected the e.idence a out the cancellation of the meeting and rought to the notice of the chief of S-3 to $uestion the 561 leader on that issue% - was told that part of in.estigation was done y him and that 54> /angasamy had re$uested the 561 leader to cancel the meeting. ?lso% - was chided y S-3 chief asking me not to create such issues as - had done in /asheed 6urder case.@ Speaking to the 0;xpress2% /agothaman said that he opposed Vaiko as witness and told S-3 chief that he appears to e a suspect. <S-3 chief 1arthikeyan told me there was not sufficient e.idence against Vaiko. ?lso% starting point of our in.estigation should ha.e een cancellation of 1arunanidhi2s trip to Sriperum udur% ut 1arthikeyan did not allow pro e into it%@ /agothaman said. 1arthikeyan% hailed as one of the most relentless in.estigators% .ehemently refuted the charges authored y his own team mem er. <=e is flogging the dead horse. Bo way can any ody $uestion the integrity of an in.estigation and nothing remains to e done. ?ll the aspects were explored y the +(-mem er team '( years ago and S-3 had recei.ed words of appreciation from two "udicial commissions on record. 3he Supreme !ourt placed on record appreciation for my leadership%@ 1arthikeyan told ;xpress.

S5>- demands re-opening of pro e into /a"i. 4andhi2s assassination case

8hopal# 3he Social 5emocratic >arty of -ndia% CS5>-D% has demanded the re-opening of the pro e into former >rime 6inister /a"i. 4andhi2s assassination case after ') years following a sensational disclosure that a crucial .ideo of the assassination was suppressed y the then -8 C-ntelligence 8ureauD !hief and now Aest 8engal 4o.ernor 6. 1. Barayanan. S5>- national president 6r. ;. ? u acker in a statement said that the allegation is serious. <-f there such a .ideo as claimed y the in.estigating officer% then it warrants another pro e. 3he matter should e looked into%@ said% 6r. ? u acker. 6r. ? u acker said that it is learnt that when news-hounds tracked 6r. Barayanan% who is now in 6el ourne on a .isit% reportedly a.oided direct $uestion ut at the same time there was no denial. Barayanan claims all e.idence is already present with the in.estigating agency. 3he statement stated that the chief in.estigating officer of the /a"i. 4andhi assassination case% 1. /agothaman in his "ust-pu lished ook% <!onspiracy to kill /a"i. 4andhi 7 From !8- files@% has claimed that the tape% which had een taken from the .ideographer y -8 the day after /a"i. 4andhi had een lown y 5hanu on 6ay ')% ),,)% was ne.er shared with the Special -n.estigation 3eam% CS-3D% in the in.estigation of the assassination. -n the ook /agothaman said that although a <preliminary en$uiry@ had een conducted in connection with the missing .ideo% Barayanan had een <allowed to go scot-free@ y the S-3 chief 5. /. 1arthikeyan. Similarly% the statement said that ?d.. S. 5oraisamy% who pleaded for Balini% one of those con.icted in the /a"i. 4andhi assassination case% has written a ook% claiming to unra.el the mysteries and nail the ungling y the S-3 chief 1arthikeyan. 3he soon-to- e pu lished ook% tentati.ely titled <6ysteries and Secrets 8ehind the /a"i. 4andhi 6urder@% alleges a larger conspiracy. S5>- chief wondered that a nation2s leader is assassinated and e.en that has to e suppressed. <So much for freedom of speech and expression and national security. 5ig deeper% you will get to know eyond L33; in /a"i.2s assassination. 3here are too many loop holes% con.enient decisions taken in finishing /a"i.2s case in order to frame L33; and put a full stop. 6any facts were not properly in.estigated. 6any issues were suppressed% as the ook says% y Barayanan and 1arthikeyan. /a"i. 4andhi was killed not only y the Lankan 3amils ut also allegedly y some !ongressmen%@ he added. =e pointed out that the alleged manipulation% according to /agothaman%

was meant to erase .ideo e.idence of the kind of people 5hanu had interacted with at the .enue% there y sparing em arrassment to the !ongress party in the middle of the ),,) Lok Sa ha elections. 3he author asked# Aould Barayanan ha.e dared <to damage the goal of the !ongress party% irrespecti.e of his personal affiliation to /a"i. 4andhi2s familyE@ ?s such Barayanan2s connections are of dou tful nature and can e pro ed into to unra.el the truth. =e said that ?d.. 5oraisamy% who reportedly in an inter.iew remarked# <- ha.e the e.idence to pro.e that /a"i. 4andhi murder was an inside "o . 8ut the S-3 headed y then -nspector 4eneral of >olice 1arthikeyan ne.er pushed the in.estigation in the right direction@% re$uires a serious attention and should not e wished away. 6r. ? u acker said that in .iew of the re.elations made in the two ooks the unpleasant facts should not e swept under the carpet ut thoroughly in.estigated to unmask the real conspirators and the culprits so that the people at large know the faces who eliminated the former >rime 6inister for their .ested interests. Following the assassination of /a"i. 4andhi mysterious forces like >. V. Barsimha /ao took the top slot of -ndian administration. Since /ao2s era -ndia2s cooperation with -srael has increased manifolds at the cost of struggling >alestinian2s woes. 3he influence of the Fnited States of ?merica also increased on the -ndian administration% he added.

/a"i. ?ssasination 7 Fnanswered $uestions

/a"i. 4andhi assasination 7 lea.es many unanswered $uestions 7 Fnsol.ed pu::les. For whom did /a"i. 4andhi got assisinated E Sudhangan raised .arious $uestions which didn2t get answers till '((,. =ere are those $uestions that are unanswered# )D On ') -6ay-),,) /a"i. gandhi started from 5elhi for election campaign and reached !hennai through the route Orissa and ?ndra >radesh. =ow did he accepted that midnight meeting at Sriperam uthur which was not in the agenda of 3amilBadu !ongress committe. E 'D -s there any plan made somewhere to ring /a"i. 4andhi to Sriperam athur some how E *D 3he Security official 6r O.>.Sagar was there with /a"i. 4andhi when

he campaigned at 8hu aneshwar and Vishakapattinam. 8ut he didnt come to chennai along with /a"i.. Ahy E +D 8ulgarian tele.ision "ournalists came along with /a"i. during his .isits to record his campaigns. 3hey were with /a"i. in Orissa and ?ndha >redesh ut didnt come for the next meeting. 3hey stayed in a luxary hotel at Vishakapatinam along with their special flight pilot. -n that case why did they came E 9D Ahen /a"i. was a out to start% there was a pro lem in the flight. So he went ack to circuit house from the airport. ?fter the pro lem in flight got fixed% the chief minister of ?ndha >radesh 6r.Vi"aya8haskar /eddy informed /a"i. to get ack to airport and /a"i. went to airport. 5uring this time the two 8ulgerian "ournalists took the security official Sagar along in their car and arri.ed at airport late. So the security official could not go along with /a"i. gandhi. Ahy did such an experienced security official was made not to tra.el with /a"i. E GD 3he security official of /a"i. at chennai >.!.4upta was waiting at chennai airport for /a"i.. >.!.4upts is suppose to get the gun from Sagar who was expected along with /a"i.. Since Sagar has not come along with /a"i.% >.!.4upta was made to go with /a"i. without gun. -s there any intenton ehind this E HD Ahen /a"i. started from 6eenam akkam% two ladies claiming as "ournalists got inside his car at /ama.aram. 5id their identities .erified E Ahy did the special in.estigation ranch didnt en$uire on them E ID Aho are the 8ulgarian "ournalists E Ahere did they went E ,D Aho are those two lady "ournalists E Ahere did they went E )(D 3hose two lady "ournalists inter.iewed /a"i. 4andhi. 8ut 3amilBadu political party people% 3ha. >andiyan and 6aragatham !handrasekar were telling they didnt know what /a"i. spoke with the "ournalists. Ahat are the hiding E ))D Just one hour efore his murder% /a"i. told it was !-? that killed the pakistan president Jia-ul-=a$. Ahy shoud he tell that E Ahat made him to tell that E 5id he know if there is some plan like that against him E )'D July-),,) 7 3he central home minister S.>.!hawan made a statement that apart from L33; there are other international organi:ations and powerful external forces in.ol.ed in the ackground of /a"i.2s murder. Aho are they referred here E )*D Ahy didn2t the special in.estination ranch en$uire on the a o.e home minister2s statement E )+D 5uring the gulf war -ndia helped fueling FS aircrafts. /a"i. gandhi seriously condemmed this help which was done y primie minister 6r !handrasekar during that time. Ahy didnt the special in.estigation

ranch en$uire on !-?2s hands on this murder% as FS was not happy with /a"i. for the a o.e reason E )9D >alestinian Bational ?uthority president% 6r. Kasser ?rafat informed to the indian prime minister during the time 6r .!handrasekar that 0/a"i. 4andhi2s life is under threat2. From where did ?rafat got this information E Aho is threatening /a"i. E Ahy did special in.estigation ranch didnt en$uire on this E )GD ?rafat could ha.e got this information if the assasination was planned at western ;urope or middle eastern countries. Ahy is this not pro ed E )HD 6aragatham !handrasekar came to attend that meeting with /a"i. 4andhi. =er daughter% Latha >riyakumar came with her hus and and ad.ocate 6ahendran from ?rakonam. 8ut it was unknown from where did her son Lalith !handrasekar and his wife Vinothini came from. 3hough it is known that Vinothini is daughter of Jaya.arthane from Sri Lanka% they didn2t en$uire on her. -nfact they didnt en$uire their family who was there at the meeting. why E )ID Si.arasan2s mother and Vinothini2s father are sinhalas from Sri Lanka who were present at the incident. -t is possi le that they were sent y Sri Lankan president >remadasa as messangers. >remadasa is not happy with /a"i. on sending the -ndian peace keeping force C->1FD to Sri Lanka. Ahy was the in.estigation not done in that angle E C ?lso we should note here a Sinhala Sri Lankan army person hit /a"i. 4andhi with a gun during his .isit to Sri Lanka D ),D 8oth L33; and Sri Lanka hate /a"i. gandhi as he is the reaon for sending -ndian peace keeping force C->1FD to Sri Lanka. ?d.ocate 6r !handrasekar challenged special in.estigation ranch that% if they could pro.e Vinothini and her family are innocent then those who did the crime will accept it on their own. 8ut the special in.estination didnt accept his challence and not en$uired those who is related on this. why E '(D 1amini 5isanayaka% ?thulath 6uthali% Aickramasinghe are prominant politicians in Sri Lanka. Ahen all those people are murdered president >remadasa was pointed. Ahy did2t the in.estigation didnt happen in this angle E ')D Ahy dont Si.arasan% 5hanu and Su ha did this murder due to pressure from external forces. Just ecause they are 3amils from yarlpanam% did the in.estigators linked them with L33; and closed the case E ''D Ahat is the strong e.idence that links L33; and its head >ra hakaran to /a"i.2s assasination case. E '*D Ahat is the proof that Sri.arasan spoke to >ra hakaran thro a radio. Ahy is this not an assumption E

'+D -t is .ery much possi le that politicians within the congress could ha.e considered /a"i. 4andhi is locking their de.elopment within the party and could ha.e hired some group to assasinate /a"i.. 3his moti.ation cannot e denied. '9D Various international usiness people specifically those selling weapons would ha.e een in contact with /a"i. as a prime minister. 3hey could ha.e hired the assasinators to do this murder. 5id in.estigators pro ed this E 'GD Ahat if Sri Lanka did this% thinking -ndia might send the -ndian peace keeping force again to their country and didnt like a strong leader emerging from -ndia E 'HD !-? always had interest in erradicating leaders in all third world countries. 5id the same kind of interest got applied on /a"i. E 'ID /a"i. 4andhi is the only leader who pre.ents the other prominant political party in -ndia 8J> to get into power. -t is possi le that the indian parties like 8J> and /SS could ha.e used the 0=indu fa.oura le2 L33; and Sri Lankan tamils to do this assasination. ',D Ahen other ma"or !ongress party mem ers in 3amilnadu like Va:hapaadi and 6oopanar didnt take interest in getting /a"i. to this meeting% 6aragatham !handrasekar tra.eled to 5elhi and forced /a"i. to come for this meeting at Sriperam uthur. -s that without her knowledge she ecome one reason for /a"i.2s murder E *( D Aho is >ottu ?maan E -s there a person like that E L33; says there was a senior person y name ?maan who died war and the only person there is >ottu. =ow did the special in.estigation ranch stamped someone who is not ali.e as second criminal in this case E *)D 3here are many parallels etween the murder of >admana ha and that of /a"i. 4andhi. >admana ha2s murder was in.estigaed y 3amilBadu $ueue ranch police and /a"i. 4andhi2s murder was in.estigated y special in.estigation ranch. 8oth the in.estigators are telling the murder was planned at Karlpanam% Sri Lanka. Si.araasan was identified as the prime criminal in oth the >admana ha2s case as well as /a"i.2 case. >ra hakaran was considered criminal in /a"i.2s assasination case ur was not in >admana ha2s case. =ow come E -t shows adding >ra hakaran2s name came out of political decision rather than that came out from in.estigations. -t is clearly an effort taken y special in.estigation ranch to to gi.e life to their case intentionally. *'D ? famous Sri Lankan tamil poet 1asi. ?nandan met /a"i. at the airport. Ahat message did he got from >ra hakaran to /a"i. gandhi E -f >ra hakaran seeked /a"i.2s help in the freedom struggle of 3amil ;elam through 1asi ?nandan% why would >ra hakaran murder /a"i. 4andhi E

**D >ra hakaran knows it is from -ndia and 3amilBadu that he can get support and sympathy. 5id >ra hakaran done such a foollish acti.ity y killing /a"i.% to loose all the support of -ndians and also get the organi:ation anned E *+D Latha 1annan stopped /a"i. and read a poetry for him. 3hat ena led 5hanu% a suside om er standing next to her% to urst the om . Ahy is her name is not included in the criminals list E 5hanu used only Latha kannan to get inside. Ahen =ari8a u who got killed in the last got included in the criminal2s list why not Latha 1annan E Ahy is special in.estigation ranch showing softness towards congress mem ers E *9D 8efore getting to Sri>am uthur% /a"i. spoke at two roadside gatherings. Va:hapaadi /amamurthy% the 3amilBadu congress leader was with him in those two places. 8ut at Sri >eram uthur meeting he was standing .ery far from /a"i.. Ahy so E *GD 6any innocent people and security personnels died along with /a"i. 4andhi. 8ut nothing happened to any of the congress party mem ers not e.en minor in"ury. =ow E *HD -t was elie.ed that Latha 1umar who rought Si.arasan% 5hanu and Su ha to Sri>eram uthur. She took them specifically to ladies section and told Latha 1annan to take care of them. 8ut Latha 1umar2s name is not in the criminal2s list. Ahy E *ID =ow can we say >ra hakaran is in.ol.ed "ust ased on an old photograph of Si.arasan with >ra hakaran E *,D Ahy is it not possi le that Si.arasan% 5hanu and Su ha are expelled from L33; and they ha.e een hired y western% ;uropean% 6iddle ;ast or -ndia as professional assasinators. +(D /anganathan confessed that it was ased on re$uest y 6argret ?l.a that he ga.e his house at 8angalore for rent to Si.arasan. 5id they en$uired how far this is true E +)D -s there any in.estigation done on in.ol.ement of !handra Swami% Su ramanyam Swamy % !handrasekar and arms usiness person 1asoki in this murder E +'D Ahat kind of enifit L33; get y murdering /a"i. 4andhi E 5id super powers like FS helped them y arms through !-? E +*D Ahy do we need !8- & Special -n.estigation ranch which find few people they prefer to get the reports E Fnless all these confusions are clarified% the real culprit will e hiding ehind some powerful forces. !ontinue reading at Bow>u lic.com# /a"i. ?ssasination 7 Fnanswered

$uestions L Bow>u lic Bews !o.erage http#&&www.nowpu lic.com&world&ra"i.-assasinationunanswered-$uestionsMix::'?yg,V-H+

>eople at the helm are protecting /a"i. murder accused2 Former !entral 8ureau of -n.estigation2s former chief in.estigating officer 1 /agothaman has claimed in a recently pu lished ook N !onspiracy to kill /a"i.# From !8- files 7 that a lot of facts pertaining to the former prime minister2s assassination were either suppressed% or were studiously ignored. /agothamam writes that there were attempts made to protect the Li eration 3igers of 3amil ;elam from eing called the conspirators ehind /a"i.2s killing. -n this inter.iew with rediff.com2s Vicky Ban"appa% /agothaman speaks a out the conspiracy and the hurdles that were faced in a pro e in which many aspects were hushed up. =ow has your ook een recei.edE 3hat is too early to tell. -t is "ust out% ut is under de ate. Let us wait and watch. Kou write that 5ra.ida 6unetra 1a:hagam chief 6 1arunanidhi2s O -mages P scheduled pu lic meeting in Sriperum udur on 6ay ')% ),,)% the day /a"i. was killed% was a ruptly cancelled. 1arunanidhi was to address a meeting at GQO clock that e.ening% two hours efore /a"i.2s meeting. 3he police had made all arrangements. 3hen there was a telegram from the ?nna ?ri.alyam postal office "urisdiction that the meeting was cancelled. - pro ed the sender of that telegram. - was told to ask 1arunanidhi a out the same. =owe.er% - could not in.estigate him directly. Later% - was told y my superiors that the matter was eing looked into% and - should remain $uiet. - was also told that it was a director general of police% /angaswamy% who had ad.ised that the meeting e cancelled. =owe.er% when - looked at the /angaswamy affida.it% it read that he had ordered as much police force as possi le in .iew of this meeting. - also attended the Jain commission in$uiry in which 1arunanidhi was examined. =e had said then that it was the then go.ernor% 8hishma Barayan Singh% who had told him to cancel the meeting. Look at the contradictions.

Aho according to you was the one who ad.ised cancellation of the 1arunanidhi meetingE >ro a ly it was 6arumalarchi 5ra.ida 6unetra 1a:hagam leader Vaiko who telephoned and sought cancellation of the meeting. 3he telephone records needed to e examined% ut it was ne.er done. Ahy do you think Vaiko tried to stop 1arunanidhiE ?fter /a"i.2s assassination% many 561 workers were attacked% their offices urnt. -f 1arunanidhi had gone there% he would ha.e een in trou le and there would ha.e een an onslaught. =ence% they were trying to protect him. 5oes this mean e.en 1arunanidhi was part of the plotE Bo% that is not what - meant. 1arunanidhi is not a killer. =e wanted a democratic solution to the pro lem and this was ne.er liked y slain L33; O -mages P chief >ra hakaran. Kou accuse Vaiko of ha.ing a hand in this entire issue. Vaiko was the one who spoke .ehemently against the -ndo-Jaffna accord. Vaiko said at that time he was first an L33;% then a 3amilian and then an -ndian. ?t the time of the accord% >ra hakaran was rought down to Bew 5elhi O -mages P and was put up at the =otel ?shoka. Vaiko sought to meet him% ut he was not allowed to do so. =e con.ersed with >ra hakaran on the intercom% during which the latter told him% <?nna% this /a"i. has etrayed me. - feel like committing suicide as he is sealing my fate. 8ut - cannot kill myself as - need to fight for my people.@ Vaiko wrote a ook later in which he mentions that >ra akaran had thought of committing suicide. 3ell us more% sirR Ahen Vaiko had gone to Sri Lanka O -mages P% we had secured a .ideotape titled -nside a 3iger2s !a.e which has him on tape. 3here he spoke e.erything that was anti-/a"i.. -t appeared that he was more against /a"i. than >ra akaran himself. 3his was also a point noted during our in.estigation. 3hen there is also a meeting in which Vaiko says that /a"i. won2t go ack ali.e from 3amil Badu. =e% howe.er% retracted that statement. 5uring the in.estigation% we $uestioned one !hinna who is on death row. =e said that in one of the hideouts% Si.arasan Cthe prime accused in the assassinationD held talks with one Srini.as ?yya and said that after the successful completion of the mission% they should ensure that Vaiko ecomes the chief minister of 3amil Badu. Ahy was the e.idence not used thenE 3his is a $uestion that - ha.e een asking. Ae had so much e.idence% ut surprisingly Vaiko was roped in as prosecution witness num er '9( in the

3errorist and 5isrupti.e ?cti.ities court. 5uring the trial% he denied speaking all of which was on .ideo with >ra hakaran. 3he .ideo was played out. =e claimed that it was him in the .ideo ut the .oice was not his. -t was sent for examination and the .oice too was confirmed% ut till date there is no per"ury case against him. Kou ha.e alleged that e.en the -ntelligence 8ureau and the /esearch and ?nalysis Aing tried to co.er up L33;2s roleE ?fter the assassination% !handrashekhar% the then prime minister% con.ened a meeting in which e.en Janata >arty president Su ramanian Swamy Cthen minister of commerce and industryD was present. 3he then -8 chief% 61 Barayanan% and /?A oss% 4S 8a"pai% were also present. Swamy said that it was o .ious that the L33; was responsi le. 8a"pai retorted that it was not the L33;. 3he meeting was ad"ourned. 6eanwhile% the !8- director had gone to !olom o for the in.estigation. 3hey were called ack and rushed to 5elhi for the meeting. 5uring the meeting% it was again asked why a trip was made to !olom o and did that mean it was preconcei.ed that it was the L33; which was ehind the assassination. 8a"pai once again opposed this. =e e.en $uoted one 1ittu to e his source. 1ittu% incidentally% was >ra hakaran2s right hand man. ?n L33; man could ne.er ha.e een a /?A mole and e.en 5r Swamy had termed this as a surd. Ahat are your allegations against BarayananE ? .ideo taken at the meeting on that ill-fated day in which there were images of 5hanu was ne.er made a.aila le to the !8-. 3he assassination team was waiting for nearly two hours in a sterile area. 3he original .ideo reached Barayanan. 3he go.ernment had decided to conduct an in.estigation in this regard and this case was registered with the Special -n.estigating 3eam and the !8-. =owe.er% it was uried. 6y $uestion is% why no action has een taken for suppressing e.idence. -t was eing said that 5hanu had arged into the meeting% ut this .ideo clearly shows that they were waiting for a long time. Ae pro ed this case risking our own li.es and it does upset me that people sitting at the helm of affairs are protecting the accused. 5o you think the loopholes will e rectified nowE Let us see.

!o.ering up Late >6 /a"i. 4andhi ?ssassination conspiracy & 8OFO/S S!?6

3he !8- & 4O- is more interested in fa.oring accused persons % Suattrochi & closing 8OFO/S !ase than punishing the guilty. 3he 4O- & in.estigating authorities ha.e failed to punish the real master minds ehind the Late >rime minister Shri . /a"i. 4andhi assassination case . Ahen a responsi le -ndian citi:en .olunteered to appear efore the supreme court of india as an amicus curie % to gi.e certain information efore the court relating to this assassination % he was not at all permitted. -nstead he was threatened % attempts made to murder him % his news paper was closed % his "o s were illegally snatched away % police & in.estigating agencies repeatedly grilled him % 3=; >F/>OS; -S 3O S-L;B!; 3=?3 >;/SOB . 3he >olice failed to act upon his complaints. 3he Supreme !ourt of -ndia Failed to admit his >-L >etitions. ?LL 3O !OV;/ F> 3=; >OA;/S 3=?3 8; . who are co.ering-up late p.m. ra"i. gandhi assassination caseE who are those conspiratorsE who are trying to silence meE 6y sufferings egan hand in hand with my crusade. - ha.e raised .arious issues of social concern from time to time at the appropriate le.els% one of those is L?3; >.6. /?J-V 4?B5=- ?S?SS-B?3-OB !?S;. where-in only the tools of the conspirator2s were punished where as the conspirators are roaming free. i ha.e raised this topic of ine$uity % tra.esty of "ustice and sought a fair% proper en$uiry& trial % at .arious forums. ut to no a.ail. the conspirators were distur ed y this and tried to silence me y threatening me% physically assaulting me and e.en made attempts to murder me. they pre.ented me from appearing efore the J?-B !O66-SS-OB OF ;BSF-/K. they e.en manipulated the recruitment systems to deny me the appointments in /.8.-.!F//;B!K BO3; >/;SS 6KSO/;% >.;.S. !OLL;4; OF ;B4-B;;/-B4 6?B5K?% B.-.; 6KSO/; % 5istrict !ourt 6ysore & -llegally snatched away my "o in />4 !a les Ltd % 6ysore . they e.en tried to silence me y forci ly closing down my newspaper pu lications 3=; 3;S3F5O & VO-!; OF !/FS?5;/. my appeals for "ustice resulted only in police en$uiries. the central intelligence ureauC-.8.D state intelligence & state police personnel en$uired me exhausti.ely num er of times% ut they ne.er did en$uire

the powers that e. any way these people don2t ha.e practical powers to en$uire such people. the highest constitutional functionaries who can order a proper en$uiry% trial are keeping mum inspite of repeated appeals. pro a ly they are acting under the directions of conspirators. there y they are not only co.ering up the crime% they are acti.ely sponsoring terrorism % ut are also .iolating my fundamental&human rights & o structing me from performing my fundamental duties as a citi:en of india.

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>eople at the helm are protecting /a"i. murder accusedT

Former !entral 8ureau of -n.estigationTs former chief in.estigating officer 1 /agothaman has claimed in a recently pu lished ook -- &ons(irac# to :ill Rajiv: 4ro) &1I iles 7 that a lot of facts pertaining to the former prime ministerTs assassination were either suppressed% or were studiously ignored. /agothamam writes that there were attempts made to protect the Li eration 3igers of 3amil ;elam from eing called the conspirators ehind /a"i.Ts killing. -n this inter.iew with redi .co)As Vicky Ban"appa% /agothaman speaks a out the conspiracy and the hurdles that were faced in a pro e in which many aspects were hushed up.

=ow has your ook een recei.edE 3hat is too early to tell. -t is "ust out% ut is under de ate. Let us wait and watch. Kou write that 5ra.ida 6unetra 1a:hagam chief 6 1arunanidhiTs O -mages P scheduled pu lic meeting in Sriperum udur on 6ay ')% ),,)% the day /a"i. was killed% was a ruptly cancelled. 1arunanidhi was to address a meeting at GTO clock that e.ening% two hours efore /a"i.Ts meeting. 3he police had made all arrangements. 3hen there was a telegram from the ?nna ?ri.alyam postal office "urisdiction that the meeting was cancelled. - pro ed the sender of that telegram. - was told to ask 1arunanidhi a out the same. =owe.er% - could not in.estigate him directly. Later% - was told y my superiors that the matter was eing looked into% and - should remain $uiet. - was also told that it was a director general of police% /angaswamy% who had ad.ised that the meeting e cancelled. =owe.er% when - looked at the /angaswamy affida.it% it read that he had ordered as much police force as possi le in .iew of this meeting. - also attended the Jain commission in$uiry in which 1arunanidhi was examined. =e had said then that it was the then go.ernor% 8hishma Barayan Singh% who had told him to cancel the meeting. Look at the contradictions. Aho according to you was the one who ad.ised cancellation of the 1arunanidhi meetingE >ro a ly it was 6arumalarchi 5ra.ida 6unetra 1a:hagam leader Vaiko who telephoned and sought cancellation of the meeting. 3he telephone records needed to e examined% ut it was ne.er done. Ahy do you think Vaiko tried to stop 1arunanidhiE ?fter /a"i.Ts assassination% many 561 workers were attacked% their offices urnt. -f 1arunanidhi had gone there% he would ha.e een in trou le and there would ha.e een an onslaught. =ence% they were trying to protect him.

5oes this mean e.en 1arunanidhi was part of the plotE Bo% that is not what - meant. 1arunanidhi is not a killer. =e wanted a democratic solution to the pro lem and this was ne.er liked y slain L33; O -mages P chief >ra hakaran. Kou accuse Vaiko of ha.ing a hand in this entire issue. Vaiko was the one who spoke .ehemently against the -ndo-Jaffna accord. Vaiko said at that time he was first an L33;% then a 3amilian and then an -ndian. ?t the time of the accord% >ra hakaran was rought down to Bew 5elhi O -mages P and was put up at the =otel ?shoka. Vaiko sought to meet him% ut he was not allowed to do so. =e con.ersed with >ra hakaran on the intercom% during which the latter told him% UAnna% this /a"i. has etrayed me. - feel like committing suicide as he is sealing my fate. 8ut - cannot kill myself as - need to fight for my people.U Vaiko wrote a ook later in which he mentions that >ra akaran had thought of committing suicide. 3ell us more% sirR Ahen Vaiko had gone to Sri Lanka O -mages P% we had secured a .ideotape titledInside a -igerAs &ave which has him on tape. 3here he spoke e.erything that was anti-/a"i.. -t appeared that he was more against /a"i. than >ra akaran himself. 3his was also a point noted during our in.estigation. 3hen there is also a meeting in which Vaiko says that /a"i. wonTt go ack ali.e from 3amil Badu. =e% howe.er% retracted that statement. 5uring the in.estigation% we $uestioned one !hinna who is on death row. =e said that in one of the hideouts% Si.arasan Cthe prime accused in the assassinationD held talks with one Srini.as ?yya and said that after the successful completion of the mission% they should ensure that Vaiko ecomes the chief minister of 3amil Badu. Ahy was the e.idence not used thenE

3his is a $uestion that - ha.e een asking. Ae had so much e.idence% ut surprisingly Vaiko was roped in as prosecution witness num er '9( in the 3errorist and 5isrupti.e ?cti.ities court. 5uring the trial% he denied speaking all of which was on .ideo with >ra hakaran. 3he .ideo was played out. =e claimed that it was him in the .ideo ut the .oice was not his. -t was sent for examination and the .oice too was confirmed% ut till date there is no per"ury case against him. Kou ha.e alleged that e.en the -ntelligence 8ureau and the /esearch and ?nalysis Aing tried to co.er up L33;Ts roleE ?fter the assassination% !handrashekhar% the then prime minister% con.ened a meeting in which e.en Janata >arty president Su ramanian Swamy Cthen minister of commerce and industryD was present. 3he then -8 chief% 61 Barayanan% and /?A oss% 4S 8a"pai% were also present. Swamy said that it was o .ious that the L33; was responsi le. 8a"pai retorted that it was not the L33;. 3he meeting was ad"ourned. 6eanwhile% the !8- director had gone to !olom o for the in.estigation. 3hey were called ack and rushed to 5elhi for the meeting. 5uring the meeting% it was again asked why a trip was made to !olom o and did that mean it was preconcei.ed that it was the L33; which was ehind the assassination. 8a"pai once again opposed this. =e e.en $uoted one 1ittu to e his source. 1ittu% incidentally% was >ra hakaranTs right hand man. ?n L33; man could ne.er ha.e een a /?A mole and e.en 5r Swamy had termed this as a surd. Ahat are your allegations against BarayananE ? .ideo taken at the meeting on that ill-fated day in which there were images of 5hanu was ne.er made a.aila le to the !8-. 3he assassination team was waiting for nearly two hours in a sterile area. 3he original .ideo reached Barayanan. 3he go.ernment had decided to conduct an in.estigation in this regard and this case was registered with the Special -n.estigating 3eam and the

!8-. =owe.er% it was uried. 6y $uestion is% why no action has een taken for suppressing e.idence. -t was eing said that 5hanu had arged into the meeting% ut this .ideo clearly shows that they were waiting for a long time. Ae pro ed this case risking our own li.es and it does upset me that people sitting at the helm of affairs are protecting the accused. 5o you think the loopholes will e rectified nowE Let us see.

6o.e to release /a"i. 4andhi case con.icts# >olitical class2 ad.enturism will ha.e gra.e conse$uences

In the context of rehabilitation of its inmates, the Tamil 2adu go ernment/s prisons website proudly proclaims thusB -(n the occasion of the release of ",A#C lifers in commemoration of the birth centenary of )erarignar %nna on "C.#D.@##E, a rehabilitation function was organi'ed in 6entral )rison.- It is unclear what the lin* is between ",A#C con icted rapists and murderers and 62 %nnadurai/s "##th birthday. (ddly, the ery same website also draws one/s attention to 7ule ++C of the state/s prison manual which pro ides for a sixmember ad isory board including the I>) and the commissioner to consider cases for premature release of life con icts.

This board is supposed to consider -the beha ioural pattern and social conditions of the prisoners- before recommending their release. %s with e ery other instance of such a populist measure F infused more with unbridled personal ambition than with mercy F the board, its considerations and conclusions are mere sham. 2o factors are *ept in mind for these mass releases, sa e one, ie the mood of the oter at the next election.

0oth ma,or players in Tamil 2adu, and most other state go ernments are equally guilty of misusing the carefully crafted remission power that they ha e been statutorily endowed with, and usually in wholly specious circumstances. =arunanidhi/s C#th year in the %ssembly for example saw the release of @G lifers, some of whom had iolated parole as well.

The CCth anni ersary of =erala/s formation day saw C@ con icts released by the 6ongress go ernment, including its own erstwhile minister 0ala*rishna )illai who had been sentenced in a corruption case. 1 en more contri ed was %ndhra )radesh/s release of +"G con icts to mar* "C# years from the re olt of "ECG. In this bac*ground, the recent action of Jayalalithaa/s go ernment in releasing those con icted of murdering 7a,i >andhi and "C others Hapart from se erely in,uring A+ othersI ta*es the ca*e, the icing and the candles when it comes to mindless political manoeu ring. Consider these facts:

". The Supreme 6ourt HS6I had commuted the death sentences of three of the con icts to life imprisonment F the pre ious day. @. There was no pretence that the release was to commemorate any occasion. +. The go ernment forgot that the in estigation of the case was carried out by 60I and prosecuted by its cell as well, which attracted the necessary power to be exercised by the central go ernment under Section A+C of the 6ode of 6riminal )rocedure. A. %part from the penal code, as the con ictions were also for offences arising out of the &oreigners %ct and the now repealed Tada, which are both legislations to which the 6entre/s executi e power extends, the mandate of the central go ernment is imperati e. C. There admittedly seemed to be no reference to the ad isory board to consider the beha ioural and social factors that attended these con icts.

J. In what was a clear defiance of the federal arrangement, the chief minister actually had the impudence to gi e a threeday ultimatum to the central go ernment to respond to the proposed release. 3idden beneath the sheer audacity of this decision is political shrewdness of a rare degree. 8hile aware of the political mileage that a Tamil9 sympathetic mo e would garner, Jayalalithaa has resorted to the time9 tested method adopted by our leaders e erywhere F toss the ball to S6. The quic* order of status quo by the court left the chief minister shrugging her shoulders as one who tried her best for the cause, and lea ing it to ta*e the blame. The same ghastly political game has played out o er last wee*, as the passage of the Telangana bill saw parliament reach shameful depths. The bill e entually made it through parliament ignoring the Sri*rishna committee/s recommendations, the attorney general/s caution to ha e a 6onstitutional amendment, the o erwhelming re,ection of the bill by the %ndhra legislature and more than ",C## recommendations and comments from the state/s legislators. (nce again, S6 has been petitioned, and no matter what course the case will ta*e, both the 4)% and the T7S ha e benefited from a political game that *ept the electorate on tenterhoo*s for fi e long years until the last wee* of its last session. 8hile our politically nai e citi'enry may not read sufficiently between the lines to understand the real moti es behind e ery subsidy announcement, e ery innocuous tax amendment and e ery agricultural policy, what is now clearly of concern is the increasing tendency to force political mo es through with impunity, and lea e S6 to be, as 6hief Justice )atan,ali Sastri put it, the sentinel on the qui i e.

The role of our apex court is no doubt an onerous one, and one which it has discharged with great distinction for the most part. 0ut it is time that a clear message is sent out to the political class that such ad enturism will ha e gra e, and sometimes personal consequences.

?pex court stops 3amil Badu from releasing /a"i. 4andhi killers

The Supreme 6ourt on Thursday stopped the Tamil 2adu go ernment from releasing se en prisoners con icted of the "DD" assassination of former prime minister 7a,i >andhi following a petition by the 4nion go ernment. %cting on the petition, the apex court issued notices to the Tamil 2adu go ernment and all the con icts. 1arlier, the Supreme 6ourt agreed to urgently hear a plea by the 4nion go ernment see*ing a stay on the decision by the Tamil 2adu go ernment to release the se en con icts. % bench headed by 6hief Justice ). Sathasi am too* up the case shortly after noon, after Solicitor >eneral 5ohan )arasaran sought a stay on the Tamil 2adu mo e. The court!s decision came after )rime 5inister 5anmohan Singh issued a scathing criticism of the Tamil 2adu go ernment!s decision in a statement shortly after a meeting of the 4nion cabinet on Thursday. KThe assassination of Shri 7a,i >andhi was an attac* on the soul of India,L Singh said. KThe release of the *illers of a former )rime 5inister of India and our great leader, as well as se eral other innocent Indians, would be contrary to all principles of ,ustice. 2o go ernment or party should be soft in our fight against terrorism,L he said. K8e ha e also informed the Tamil 2adu go ernment that their proposed course of action to release the *illers of 7a,i >andhi is not legally tenable and should not be proceeded with,L Singh said. Solicitor >eneral )arasaran said the state go ernment should not be allowed to release the prisoners till the apex court had decided the 4nion go ernment!s re iew petition challenging the commutation of death sentence of three condemned prisoners to life imprisonment. The Tamil 2adu go ernment on 8ednesday decided to free the se en con icts a day after the Supreme 6ourt commuted the death sentences on three of them to life imprisonment because of an ""9year delay in deciding on their petitions for mercy.

0esides Santhan, 5urugan and )erari alan, whose sentences were commuted to life in prison by the Supreme 6ourt, Tamil 2adu!s %ll India %nna .ra ida 5unnetra =a'hagam H%I%.5=I go ernment also decided to set at liberty 2alini, 7obert )ious, Jaya*umar and 7a ichandran. >andhi was *illed by a Sri Lan*an Tamil suicide bomber while campaigning for elections in Sriperumbudur near 6hennai in 5ay "DD". The three who were sentenced to death were members of a Sri Lan*an ethnic Tamil separatist group, the Liberation Tigers of Tamil 1elam HLTT1I, and >andhi!s *illing was seen as an act of retaliation after he sent Indian peace*eepers to Sri Lan*a in "DEG to quell a Tamil uprising. The three were con icted in "DDE and sentenced to death by hanging. 2alini was also gi en the death sentence but it was later commuted to a life term. The men appealed for mercy but successi e presidents did not gi e any decision until @#"", when their plea was re,ected. 6ongress ice president and 7a,i >andhi!s son 7ahul >andhi on 8ednesday said he was saddened by the Tamil 2adu go ernment!s decision. KI am sad the *illers are being freed,L said 7ahul, who was @" when his father was *illed. KIf some person *ills the )5 and is released, then how will a common man get ,ustice. It!s a point to ponder,L he said at an election rally in Jagdishpur, 4ttar )radesh.

Supreme !ourt commutes death penalty of /a"i. 4andhiTs killers to life term

The Supreme 6ourt on Tuesday commuted the death penalty of 7a,i >andhi/s *illers to life term, citing the ""9year delay in deciding their mercy pleas. 8ith this, the three con icts on death row in the 7a,i >andhi assassination

case F Santhan, 5urugan and )erari alan F ha e been spared the gallows. % bench headed by 6hief Justice ) Sathasi am re,ected the 6entre/s submission that there was no unreasonable delay in deciding their mercy plea and the condemned prisoners did not go through agoni'ing experience as they were en,oying life behind the bars.

The bench, also comprising ,ustices 7an,an >ogoi and S = Singh, said they are unable to accept the 6entre/s iew and commuted the death sentence of con icts to imprisonment for life sub,ect to remission by the go ernment. There had been inordinate delay on go ernment and )resident/s part to decide their mercy pleas, the S6 ,udges said. The apex court re,ected the 6entre/s contention that delay in deciding mercy plea of con icts Santhan, 5urugan and )erari alan did not result in agony. -8e implore go ernment to render ad ice in reasonable time to the )resident for ta*ing a decision on mercy pleas,- the court said. The top court has as*ed the go ernment to add a new criteria for considering commuting death penalty to life imprisonment F inordinate delay in deciding mercy petitions. It said the go ernment should handle the cases of mercy petitions in a more systematic manner. -8e are confident that mercy plea can be decided at much faster speed than what is being done now,- the bench said. The con icts had submitted that mercy plea of other prisoners, which were filed after them, were decided but their petitions were *ept pending by the go ernment. Their plea was strongly opposed by the 6entre which had said that it was not a fit case for the apex court to commute death sentence on the ground of delay in deciding mercy plea.

%dmitting that there has been delay in deciding the mercy petitions, the go ernment, howe er, had contended that the delay was not unreasonable, unexplainable and unconscionable to commute death penalty. The counsel, appearing for the con icts, had contested the 6entre/s arguments, saying that they ha e suffered due to the delay by the go ernment in deciding the mercy petitions and the apex court should inter ene and commute their death sentence to life term. The apex court had, in 5ay @#"@, decided to ad,udicate the petitions of 7a,i >andhi *illers against their death penalty and had directed that their plea, pending with the 5adras high court, be sent to it. 7a,i >andhi was *illed in 5ay "DD". 3is assassins were con icted by a T%.% court in January "DDE and were awarded death sentence, which was confirmed by the apex court 5ay "", "DDD.

Silencing The Voices See*ing Justice

3he pu lic ser.ants & the go.ernment must e role models in law a iding acts % for others to emulate & follow. if a student makes a mistake it is excusa le & can e corrected y the teacher. if the teacher himself makes a mistake % all his students will do the same mistake. if a thief steals % he can e caught % legally punished & reformed . if a police himself commits crime % many thie.es go scotfree under his patronage. e.en if a police % pu lic ser.ant commits a crime % he can e legally prosecuted & "ustice can e sought y the aggrie.ed. "ust think % if a "udge himself that too of apex court of the land itself commits crime - .iolations of /3- ?ct % constitutional rights & human rights of pu lic and o structs the pu lic from performing their constitutional fundamental duties % what happens E it gi.es a ooster dose to the rich & mighty % those in power % criminals in pu lic ser.ice to committ more crimes. that is exactly what is happenning in india. the educated pu lic must raise to the occassion & peacefully % democratically must oppose this criminalisation of "udiciary % pu lic ser.ice. then alone % we can uild a /?6 /?JK? OF 6?=?36? 4?B5=-TS 5/;?6.

In India, it is nothing new to silence .oices see*ing ,ustice. (nly on paper , in the boo* called K6onstitution of IndiaL , e ery citi'en is treated as equal . In practice , public ser ants beha e as public masters & treat commoners worse . In Their crimes & actions our public ser ants e en outsmart 0ritish occupiers. The criminal nexus of politician M police M public ser ant goes to any length to silence the .oices see*ing ,ustice , to threaten them , to cut9off their sources of li elihood , to falsely implicate them fix them in criminal cases , to assault them & finally to finish them. Indian ,udiciary has failed to uphold the KThe 6onstitution of IndiaL in letter & spirit. 2(8, (21 5(71 ?(I61 S11=I2> J4STI61 IS (2 T31 &I7I2> LI21S (& 67I5I2%L 21N4S 9 the oice of 5r. 2agara,a . 5 . 7 . editor , S.(.S9e M ?oice &or Justice & S(S e 6larion of .alit. 2agara,a will sooner or later will be added along with satyendra dubey & shanmughan 5an,unath , by the criminal nexus. 8ill you lend your support for this democratic , non9 iolent struggle for peace , ,ustice , along with 5r.2agara,.5.7. %ll humane persons are welcome. Jai hind . ande matarm. <our!s sincerely , 2agara,.5.7.

Judge 8atch 6orruption, Immunity, 6ontempt & 7ight to Information The course of ,ustice is often per erted by corruption within the ,udiciary and indeed within the entire system of administration of ,ustice. This is exacerbated by the total lac* of accountability of the higher ,udiciary including the lac* of any effecti e disciplinary mechanism, the self acquired protection from e en being in estigated for criminal offences, the irtual immunity from public criticism due

to the law of contempt, and finally the immunity from public scrutiny by another ,udicially created insulation from the 7ight to Information %ct.

%nti9poor 0ias The ,udicial system is increasingly used by the ruling establishment for pushing through neo liberal policies by which resources such as land, water and public spaces left with the poor and being increasingly appropriated by the rich and the powerful. This elitist and anti poor bias ma*es the ,udicial system an instrument for protecting and furthering the interest of the rich and powerful, both Indian and foreign. This section will Owatch! the ,udges and expose their biases and any corrupt and arbitrary practices. They must see that the people are scrutini'ing them and their ,udgments carefully.

Su mitting -nformation Judge 8atch will contain information ; analysis regarding any misconduct by a ,udge as well as anything showing the anti9poor bias of a ,udge. The campaign welcomes well researched information concerning ,udges from any court. 3owe er, we cannot ensure that e ery dossier sent will be uploaded on this site or made public. %ll submissions must be accompanied by the rele ant;required documents that may pro ide e idence in support of any allegations;obser ations made against any ,udge or ,udicial officer. (ne reference document is the -7estatement of ?alues of Judicial Life-,a code of conduct, adopted at a full court meeting of the Supreme 6ourt on 5ay G, "DDG . The 6ampaign does not subscribe to this as a complete document, but a starting point. To send in information for the Judge 8atch section please see the following document. Judge Aatch Format P8ord, @# =0Q

Judge 8atch on Justice ?.7amaswami

Bame of Judge# Justice ?.7amaswami

>ost =eld at /ele.ant 3ime# 6hief Justice of )&3 3igh 6ourt !urrent Status# 7td. Judge of Supreme 6ourt of India ?nalysis&!omment&!riti$ue# The first9e er impeachment motion against a S6 ,udge, Justice ?. 7amaswami, was signed by "#E 5)s in "DD". % year later, an inquiry found 7amaswami Kguilty of willful and gross misuses of officeR K8hile ser ing as the 6hief Justice of the )un,ab and 3aryana 3igh 6ourtL. 7amaswami sur i ed the impeachment process as )arliament got di ided along regional lines, southern 5)s strongly supported him. (nly "DJ members of )arliament, less than the required two9thirds, oted for his ouster. ?dditional documents in support of criti$ue# 6otion of -mpeachment - pdf CG+ 18D ? =istoric non-impeachment -Dpdf C',.9 18D

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi -f the criti$ue is in respect of a "udge please pro.ide a softcopy and&or hardcopy of the "udgement

Judge 8atch on Justice 5adan 5ohan )uchhi


Bame of Judge# Justice 5adan 5ohan )unchhi /ank# &ormer 6hief Justice of India !ourt# Supreme 6ourt of India ?nalysis&!omment&!riti$ue# This charge sheet was prepared by the 6ommittee on Judicial %ccountability in "DDE, when Justice )unchhi was a ,udge of the Supreme 6ourt of India. It was signed by @C 5)s of 7a,ya Sabha. 3owe er, before it could get the signature of the requisite number of C# 5)s of 7a,ya Sabha, Justice )unchhi was appointed 6hief Justice of India. %fter this, it became irtually impossible to get the 2otice of 5otion signed by any 5)s. 6onsequently, 2otice of 5otion could not

be presented to the Spea*er. The imp lesson of this exercise was that it is ery difficult to get the 5)s sign the impeachment motion unless three conditions are satisfied. &irstly, the charges must be ery seriousS secondly they must be pro able by documentary e idence which is annexed to the 2otice of 5otion and finally, the charges must ha e been gi en substantial publicity in the media. In the absence of all the three conditions been satisfied, 5)s are afraid and reluctant to sign a charge sheet against a sitting ,udge. It is normally exceedingly difficult to get documentary e idence to pro e charge against sitting ,udge, particularly in the absence of a statutory in estigation by an agency ha ing powers of in estigation. 5oreo er, the bul* of the main stream media is afraid to publicise charges against the sitting ,udge for fear of contempt. In 7amaswami!s case, the abo e three conditions were satisfied. .ocumentary e idence was a ailable against 7amaswami because of the report of the %ccountant >eneral who audited the purchases made by 7amaswami as 6hief Justice of )un,ab and 3aryana 3igh 6ourt. This is why, impeachment of ,udges, howe er corrupt they might be, is not a practical remedy in discipling them.

?dditional documents in support of criti$ue# Justice 6.6.>unchhi - Botice of 6otion - pdf CH( 18D

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi -f the criti$ue is in respect of a "udge please pro.ide a softcopy and&or hardcopy of the "udgement

Judge 8atch on Justice %. S. %nand


Bame of Judge# Justice %.S.%nand /ank# &ormer 6hief Justice of India !ourt# Supreme 6ourt of India

?nalysis&!omment&!riti$ue# Serious allegations of corruption and fa ouritism were raised against Justice %.S.%nand former 6hief Justice of India pertaining to the period when he was the Judge and the 6hief Justice of the Jammu and =ashmir 3igh 6ourt. These unrebutted allegations were supported by alid authentic documents and were se erely raised at the time when Justice %nand was the 6hief Justice of India but nothing was e er done in this regard.

?dditional documents in support of criti$ue# ?llegations aganist J. ?.S.?nand - pdf C)9.9 18D

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi -f the criti$ue is in respect of a "udge please pro.ide a softcopy and&or hardcopy of the "udgement

Judge 8atch on Justice ?i,endra Jain


Bame of Judge# Justice ?i,endra Jain >ost held at the rele.ant time# Judge at .elhi 3igh 6ourt !urrrent Status# 6hief Justice of )un,ab and 3aryana 3igh 6ourt ?nalysis&!omment&!riti$ue# Justice ?i,ender Jain had decided a case of a litigant 3ari 7am who was the father9in9law of Justice %run =umar, &ormer Supreme 6ourt Judge and a close friend of Justice ?i,endra Jain. They personally *new well enough to ha e 3ari 7am!s granddaughter married from his official residence. This is in iolation of one of the elements of the 6ode of 6onduct or K7estatement of Judicial ?aluesL, adopted by the &ull court in "DDG which says that no ,udge shall hear and decide a case of his relati e or friend. 1 en then Justice ?i,endra Jain has been recommended as 6hief Justice of )un,ab and 3aryana 3igh 6ourt.

% complaint made by Subhash %garwal against Justice Jain was re,ected with no formal reasons gi en but he was informally told that Justice Jain did not personally *now 3ari 7am but since 3ari 7am was the &ather9in9law of Justice %run =umar, a close friend of Justice Jain, Justice Jain agreed to lend his residence for the wedding of 3ari 7am!s granddaughter. The 6ommittee on Judicial %ccountability wrote letters to the )resident and )rime 5inister of India and requested them to get all correspondences made by the 6omplainant Subhash %grawal to the Supreme 6ourt in this regard.

?dditional documents in support of criti$ue# Letters sent by 6ommittee on Judicial %ccountability Letter to >resident )'.I.(G - pdf CI.(* 18D Letter to >rime 6inister-Dpdf CG.'+ 18D Sunday 4uardian we news article 'I.)).)(-Dpdf C)*' 18D PThe name of Justice ?i,ender Jain, e en though clearly mentioned in the tape has been withheld in this news item though the con ersation itself ma*es it ery clear who the concerned ,udge is.Q

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi

Judge 8atch on Justice %sho* =umar


Bame of Judge# Justice %sho* =umar /ank# %dditional Judge !ourt# 3igh 6ourt of 6hennai ?nalysis&!omment&!riti$ue# The case of Judge %sho* =umar of 5adras who was formerly a session!s ,udge and has been gi en a permanent position in the 6hennai 3igh 6ourt by the 6hief Justice of India in &ebruary @##G is horrifying. 8hen the complaints were le elled against him of corruption, an inquiry report by the Intelligence 0ureau HI0I ga e an

e en more horrendous report against him. 0ut all the reports were ignored and he was promoted to the 3igh 6ourt. This happened due to the political pressure from the 6entral >o ernment, as the ,udge was close to .5= go ernment Hnow ruling party of the StateI and .5= go ernment threatened to withdraw support from the 4)% go ernment. So it is due to that, that the law minister as*ed the 6JI to gi e extensions and finally made %sho* =umar a 3igh 6ourt ,udge.

?dditional documents in support of criti$ue# >etition on the appointment of Justice ?.1umar - pdf C9).G 18D S! order on Justice ?.1umarTs case- pdf CH., 18D ?re !J-s following rules in appointment of JudgesE-Dpdf CG.,* 18D Justice ?shok 1umar appoinment chalenged- pdf C)(.( 18D

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi -f the criti$ue is in respect of a "udge please pro.ide a softcopy and&or hardcopy of the "udgement

Judge 8atch on Justice Jagdish 0halla

This is the case where the documentary e idence was a ailable to show that the ,udge has purchased the property worth crores in few la*hs in the name of his wife from well9*nown criminal who ha e illegally grabbed the land. There were inquiry reports of the %dditional .istrict 5agistrate and Superintendent of )olice which attested to these facts. 3owe er, despite this documentary e idence being brought to the notice of the then 6hief Justice of India, he neither ordered an independent in estigation nor did he allow the 6ommittee on Judicial %ccountability to get a regular &I7 registered, so that a normal police in estigation could ha e ta*en place. This was despite the fact that under the in9house procedure, supposedly adopted by the Supreme 6ourt of India in "DDD for in estigating charges against the ,udges, at least an in9house committee of ,udges could ha e formed to in estigate the charges against Justice 0halla. 3owe er instead of

doing that, the then 6hief Justice <.=. Sabbarwal recommended Justice 0halla to be the 6hief Justice of =erala 3igh 6ourt. 3is appointment as 6hief Justice was stopped only because of the complaint made by the 6ommittee on Judicial %ccountability to the )resident of India, who sent the matter bac* to reconsideration to the Supreme 6ourt collegium, which thereafter could not reiterate its recommendation because of the opposition of one of the ,udges of the collegium, Justice 0.2.%ggarwal. 3owe er, thereafter Justice 0halla has been transferred as a ,udge of 6hattisgarh 3igh 6ourt where he has been appointed as acting 6hief Justice by the notification of Law 5inistry. This was despite of the ob,ection of the 6ommittee on Judicial %ccountability, that a ,udge, who was not found suitable as 6hief Justice of =erala, cannot be appointed as %cting 6hief Justice of another 3igh 6ourt. The case of Justice 0halla demonstrates the hollowness of the so9called in9 house procedure supposedly adopted by the Supreme 6ourt for in estigating charges against ,udges. It also demonstrates the pernicious impact of the ?eraswami ,udgement which pre ents any police in estigation against a ,udge without the prior permission of the 6hief Justice of India. The brotherhood among the ,udges and the fear among ,udges that any criminal in estigation against the sitting ,udge would tarnish the image of Indian Judiciary has let to a situation whereby not a single sitting ,udge has been sub,ected to criminal in estigation in the "G years since the ?eeraswamy ,udgement. -mpeachment 6otion and >ress /eleases

>ress /elease on the >roposed ;le.ation of Justice 8halla - pdf C)(.9 18D -mpeachment 6otion sent to Lok Sa ha and /a"ya Sa ha with explanatory note- pdf CG+.I 18D >ress /elease on the 6otion of -mpeachmentagainst Justice 8halla pdf C+'.I 18D

?dditional documents in support


Letter to >resident )'.+.(H J8 - pdf CG.,+ 18D Letter to !J- '(.*.(H J8 -Dpdf C)' 18D

Letter for !onsultation to >resident *.'.(H J8 - pdf CG.,+ 18D ?pplication to register F-/ against ).)).(G J8 - pdf C+,.' 18D !omplaint to K.1.Sa arwal )'.H.(G J8 - pdf C'I.) 18D

5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi

Judge 8atch on Justice <.=.Sabharwal &ormer 6JI, Justice <.=.Sabharwal set in motion the process of sealing of properties in designated residential areas of .elhi which were being used for commercial purposes. This sealing went on relentlessly under the continuous super ision of 6hief Justice Sabharwal!s bench, monitored and directed by a 6ourt appointed monitoring committee. 8hen the go ernment came up with a new master plan of .elhi @#@" which allowed mixed use and commercial acti ity in many of the areas which were designated as residential, Justice Sabharwal orders on the sealing continued. Some of the facts which were not publicly *nown was that his two sons, 6hetan and 2itin had entered into partnerships with big 5all and 6ommercial complex de elopers and had become big 6ommercial complex de elopers themsel es during that time. It was clear that these orders were gi ing direct benefit to his sons! business. 3is orders are against the principles of natural ,ustice, which say that no ,udge can hear a case in which he is personally interested. There was a serious conflict of interest in this case which renders his orders a nullity. It is in fact arguable that his dealing with this case in such circumstances in ol es an offence under the )re ention of 6orruption %ct. %t the same time, it was also found that se eral plots were allotted to the 6ompanies or relati es of Justice Sabharwal and which needs to be in estigated to see if undue fa our was shown to them and if so whether there was any quid pro quo in terms of ,udicial orders. The facts thrown up in this case ha e ery disturbing implications about the integrity of our ,udiciary in the highest places.

Other -nter.entions

Justice Sa harwalTs 5efence 8ecomes 6urkier# Stifling >u lic ;xposure 8y Fsing !ontempt >owers ->ress /elease- pdf C+) 18D Securing Judicial ?ccounta ility Freedom Of Speech .s. !ontempt 3owards ?n -ndependent Judicial !ommission y >rashant 8hushan - pdf C+( 18D Shocking ? use of Judicial >owerV =indu editorialV Sep '+%'((H-pdf C)(.G18D Sa harwal on 3rialV 3imes of -ndia - pdf C'I 18D !ontept of JusticeV Outlook online-pdf CI9 18D

3ehelka -n.estigation

Office of >rofit# ? Stink Kou Should Smell y San"ay 5u ey- pdf C*9 18D -nstead of helping shopkeepers% he made his sons rich- pdf C+I 18D Silence Lies# 3ehelka .iew y Shoma !haudhary- pdf H"+E =0I

UAither Judicial ?ccounta ilityE 3he case of Justice Sa harwal# 5is$uieting facts% distur ing implicationsU- >ress !onference held on ?ug (*% '((H )ress 6onference was organised to highlight a gra e case of Judicial 5isconduct at the %pex of the Indian Judiciary. It disclosed how the then 6hief Justice of India who had spearheaded the sealing dri e was mired in serious conflict of interest in as much as his sons were deeply in ol ed in the business of shopping malls and commercial complexes who stood to benefit from this sealing dri e. It was addressed by Shri Shanti 0hushan, former 4nion Law 5inister, 5r. 0has*ar 7ao, 6hairman, 6entre for 5edia Studies, and 5r. )rashant 0hushan, ad ocate, Supreme 6ourt among other. The )ress 6onference was attended by A# news agencies and E# participants.

>ress /elease - pdf C+(.9 18D Supporting 5ocuments - pdf C'.** 68D

6id-day -n.estigation

6id 5ay articles - Lift kara de -pdf CH+.* 18D -t all s$uares up -pdf CI( 18D Shock anger -pdf C)(( 18D -n"ustice - pdf C)IH 18D 4ol 6all =ai - pdf C)G' 18D ?ffida.its filed R3ayalR.Vitusha 5etails of indi.idual & organisation writing criti$ue# 2ameB 6ommittee on Judicial %ccountability %ddressB JJ Lawyers 6hambers, Supreme 6ourt of India, 2ew .elhi >ost held at the rele.ant time# 6hief Justice of India, Supreme 6ourt !urrent Status# 7etd 6hief Justice of India, Supreme 6ourt

Judge 8atch on Justice ). .. .ina*aran &The Supreme 6ourt collegium headed by 6hief Justice = > 0ala*rishnan and including Justice S.3. =apadia, Justice Tarun 6hatter,ee and Justice 7.?. 7a eendran had recommended in %ugust @##D, Justice >.5. 5inakaran, the 6hief Justice of =arnata*a 3igh 6ourt, for ele ation to the Supreme 6ourt. The recommendations came along with the names of four other Judges for ele ation to the %pex court namely, Justice %= )atnaya* H6hief Justice of 5adhya )radesh 3igh 6ourtI, Justice Tirath Singh Tha*ur, H6hief Justice of )un,ab and 3aryana 3igh 6ourtI, Justice SS 2i,,ar H6hief Justice of 6alcutta 3igh 6ourtI and Justice =S 7adha*rishna H 6hief Justice of >u,arat 3igh 6ourtI. 8hile the dec*s were cleared for the ele ation of the latter four Judges, iimmediately after the news of Justice .ina*aran!s proposed appointment became *nown, a group of highly respected and responsible lawyers from 6hennai called the &orum for Judicial %ccountability sent a series of representations to the 6ollegium and the go ernment detailing se eral ery damaging allegations against him. These included, acquiring more than +C# acres of agricultural land and encroaching on another more than hundred acres of public landS acquiring properties benami and far

beyond his *nown sources of incomeS hearing and deciding cases of his friends etc. %ll the allegations were bac*ed by unimpeachable documentary e idence. Though the 6hief Justice of India, continued to bac* him, he ordered an inquiry into the allegation regarding his agricultural land by the .istrict 5agistrate, who confirmed the allegations including his encroachment of public land. Thereafter Justice .ina*aran tried to destroy e idence and threatened the re enue officials who went to stop this destruction of e idence. %ll this came to be widely reported in the media. %n embarrassed )5( forced a reluctant Law 5inister 5oily to return the recommendation to the collegium for reconsideration. The collegium did not withdraw the recommendation, but merely put it on hold. 2o Kin house inquiryL was ordered either. 5eanwhile people questioned how .ina*aran could continue as 6hief Justice of =arnata*a in the light of such serious offences that he had committed. There was also the demand that &I7s should be registered and the offences that he had committed be in estigated. The 6hief Justice of India howe er did not gi e permission for registering any &I7 against Justice .ina*aran. This left no option but to initiate impeachment proceedings against him. The &orum for Judicial %ccountability prepared the impeachment motion which was sent to all the political parties by a campaign for signatures. 1 entually GC 5)s of the 7a,ya Sabha, belonging to many political parties except the 6ongress party signed the impeachment motion and presented it to the ?ice )resident. The motion was soon admitted by the ?ice )resident forcing Justice .ina*aran to stop discharging ,udicial functions. The procedure laid down by the Judges Inquiry %ct for proceeding with an impeachment motion is that the ?ice )resident appoints an enquiry committee consisting of a sitting ,udge of the Supreme 6ourt, a 6hief Justice of a 3igh 6ourt and a ,urist to enquire into the charges against him. (nly if the enquiry committee finds him guilty does the matter proceed further for a oting in the two houses of )arliament. The motion for his remo al has to be then passed by a two third ma,ority in each house. (nly then can he be remo ed. Though there is no requirement under the Judges Inquiry %ct for the ?ice )resident to consult the 6hief Justice in the choice of members of the enquiry committee, he consulted the 6hief Justice, who recommended two ,udges of the Supreme 6ourt and two 6hief Justices of the 3igh 6ourt. 0ased on the 6hief Justice!s ad ice, the ?ice )resident has appointed an inquiry committee comprising of Justice ?.S. Sirupur*ar of the Supreme 6ourt, 6hief Justice %.7. .a e of the %.). 3igh 6ourt and Shri ).). 7ao as the ,urist. The 6ampaign for Judicial %ccountability and 7eform as well as the &orum

for Judicial %ccountability ha e howe er written to the ?.). pointing out that Justice Sirupur*ar has not only been a close friend and colleague of Justice .ina*aran, but he has also pre,udged the issue, telling se eral responsible lawyers that he *nows Justice .ina*aran well and that he is an independently wealthy and honourable man. 5oreo er, Shri ).). 7ao had been formally consulted by Justice .ina*aran on how he should deal with these charges and that he had ad ised him on the matter. In these circumstances, they would not be seen to be impartial and therefore should not sit as ,udges on this inquiry committee to a oid damage to the credibility of the inquiry and further contro ersy. 3owe er till the date of writing they ha e not yet recused themsel es. /epresentations y the Forum for Judicial ?ccounta ility to the !ollegium

/epresentation ) against 6r.Justice >.5.5inakaran% !hief Justice% 1arnataka =igh !ourt - amassing of huge assets% corruption and serious irregularities.- pdf /epresentation '% Further particulars with supporting materials regarding 6r. Justice >.5.5inakaran% !hief Justice of 1arnatakapdf /epresentation *% 5etails of more ac$uisitions y Justice >.5.5inakaran-pdf /epresentation +% 5etails of more ac$uisitions and improper "udicial conduct of Justice >.5.5inakaran.- pdf

6otion for -mpeachement of Justice 5inakaran The notice of motion for presenting an address to the )resident of India for the remo al of Justice .ina*aran, 6hief Justice of the =aranata*a 3igh 6ourt, under %rticle @"G read with %rticle "@AHAI of 6onstitution of India for his arious acts of misbeha ior, including dishonest ,udicial orders, irregular and dishonest administrati e actions, etc, along with an explanatory note on the motion for impeachement. pdf >ress Statement against Sur.ery of -ndia pro e into Justice 5inakaran encroachment >ress Statement issued y the Forum for Judicial ?ccounta ility against the Sur.ey of -ndia spot pro e into the allegations of land encroachment

y the 1arnataka !hief Justice% >.5. 5inakaran% to e conducted on 5ecem er *(th '((, as reported in a newspaper. 3he Forum calls upon the !entral 4o.ernment to recall the three mem er team deputed y the Sur.ey of -ndia immediately and to await the outcome of the en$uiry under the impeachment proceedings. ...statement page ) statement page ' !J?/ letter to the Vice >resident regarding the en$uiry committee in the Justice 5inakaran impeachment The 6ampaign for Judicial %ccountability and 7eform has sent a letter to Shri 3amid %nsari, ?ice )resident of India, regarding the + member enquiry committee appointed to enquire into the motion for remo al of Jusitce )... .ina*aran. The letter brings to Shri %nsari/s notice that Justice Sirupur*ar!s friendship with Justice .ina*aran, coupled with his pre,udgement of the matter, places him in a position where if he inquires into this matter, ,ustice will not be seen to be done. The same would be the case with Shri ).). 7ao who has been formally consulted in the matter by Justice .ina*aran. The letter further requests that these facts be placed before Justice Sirupur*ar and Shri ).). 7ao and they be as*ed whether they would li*e to recuse themsel es from the inquiry committee, to a oid any further contro ersy in the matter. psdf ?rticles

;xtraordinary situations call for extraordinary measures -Justice 5 K Shylendra 1umar pdf 3he 5inakaran -m roglio# ?ppointments and !omplaints against Judges - 6r. >rashant 8hushan pdf 5etails of indi.idual & organisation writing criti$ue# 2ameB 6ampaign for Judicial %ccountability and 7eform %ddressB J;J Jungpura 0 HbasementI, 5athura 7oad, 2ew .elhiB ""##"A >ost held at the rele.ant time# 6hief Justice, =arnata*a 3igh 6ourt !urrent Status# 6hief Justice, =aranata*a 3igh 6ourt

Judge 8atch on Justice &.I.7ebello

Bame of Judge# Justice &. I. 7ebello >ost =eld at /ele.ant 3ime# 6hief Justice of %llahabad 3igh 6ourt !urrent Status# 6hief Justice, %llahabad 3igh 6ourt ?nalysis&!omment&!riti$ue# Justice 7ebello, son after ,oining as the 6hief ,ustice of %llahabad 3igh 6ourt met 5s 5ayawati, 6hief 5inister of 4ttar )radesh. 3e, then issued administrati e orders to change the classification of the case related to 5s 5ayawati/s in ol ement in Ta, 6orridor/s case. %s a result, the case, which was part heard by a different bench was transfered to a completely new bench. This was allegedly done to benefit 5s 5ayawati. ?dditional documents in support of criti$ue# !J?/Ts complaint against Justice /e ello- pdf

Judicial %ccountability It is important to *eep the ,udiciary in the pur iew of scrutiny. This section will pro ide arious sub,ects to get ,udiciary accountable to common person. ?ppointments 5a*ing reference to the =. ?eeraswamy!s 6ase Shri Shanti 0hushan obser ed that all ,udges should declare their assets M it should be done with prideT 8hy raise issues of self9respect: 3e said only those who ha e something to hide will be reluctant to disclose their assetsT Rmore 9 S.>.4upta 9 pdf H".J 50I % se en Judges 0ench of Supreme 6ourt extensi ely considered the issues of Independence of Judiciary in relation to the appointment and transfer of Judges, the issue of appointment of the %dditional Judges of the 3igh 6ourt, the issue of the pri ilege of the >o ernment against disclosure of State documents and the scope of ,udicial re iew of the powers exercised by the )resident. 8hile deciding the issue of the locus standi of the petitioning lawyers who had challenged the 6ircular of the Law 5inister and short9term extensions of %dditional Judges on ground of attac* on the independence of the ,udiciary,

Justice ).2. 0hagwati while upholding their right to do so held that where the effected persons are really helpless, the Supreme 6ourt will not insist on a regular writ petition to be filed by the public spirited indi idual espousing their cause. The 6ourt will readily respond e en to a letter addressed by said indi idual espousing the public cause. % bunch of cases were decided together in the present case which were raised in two batches of writ petitions filed in different 3igh 6ourts which were transferred under %rticle "+D9% to the Supreme 6ourt since they raised common issues of great constitutional importance. (ne writ was also filed in the Supreme 6ourt. Se eral more related issues were raised and discussed during the hearing. 1ach of the Judges deli ered a separate ,udgment. 9 Supreme !ourt ?d.ocates-on-/ecord ?ssociation Vs. Fnion of -ndia 9 pdf HAGC =0I This case directed to constitute a 0ench of nine Judges to examine the two questions referred therein, namely, the position of the 6hief Justice of India with reference to primacy, and ,usticiability of fixation of Judge strength. -mpeachment %rticle "@A HAI of Indian 6onsitutionB % Judge of the Supreme 6ourt shall not be remo ed from his office except by an order of the )resident passed after an address by each 3ouse of )arliament supported by a ma,ority of the total membership of that 3ouse and by a ma,ority of not less than two9thirds of the members of that 3ouse present and oting has been presented to the )resident in the same session for such remo al on the ground of pro ed misbeha iour or incapacity. 9 Justice V. /amaswamy 9 pdf HJA =0I The first9e er impeachment motion against a S6 ,udge, Justice ?. 7amaswami, was signed by "#E 5)s in "DD". % year later, an inquiry found 7amaswami Kguilty of willful and gross misuses of officeR K8hile ser ing as the 6hief Justice of the )un,ab and 3aryana 3igh 6ourtL. 7amaswami sur i ed the impeachment process as )arliament got di ided along regional lines, southern 5)s strongly supported him. (nly "DJ members of )arliament, less than the required two9thirds, oted for his ouster. ? =istoric Bon-impeachement 9 pdf H@D.C =0I

9 Justice 6.6. >unchi 9 pdf HG# =0I This charge sheet was prepared by the 6ommittee on Judicial %ccountability in "DDE, when Justice )unchhi was a ,udge of the Supreme 6ourt of India. It was signed by @C 5)s of 7a,ya Sabha. 3owe er, before it could get the signature of the requisite number of C# 5)s of 7a,ya Sabha, Justice )unchhi was appointed 6hief Justice of India. %fter this, it became irtually impossible to get the 2otice of 5otion signed by any 5)s. 6onsequently, 2otice of 5otion could not be presented to the Spea*er. The imp lesson of this exercise was that it is ery difficult to get the 5)s sign the impeachment motion unless three conditions are satisfied. &irstly, the charges must be ery seriousS secondly they must be pro able by documentary e idence which is annexed to the 2otice of 5otion and finally, the charges must ha e been gi en substantial publicity in the media. In the absence of all the three conditions been satisfied, 5)s are afraid and reluctant to sign a charge sheet against a sitting ,udge. It is normally exceedingly difficult to get documentary e idence to pro e charge against sitting ,udge, particularly in the absence of a statutory in estigation by an agency ha ing powers of in estigation. 5oreo er, the bul* of the main stream media is afraid to publicise charges against the sitting ,udge for fear of contempt. In 7amaswami!s case, the abo e three conditions were satisfied. .ocumentary e idence was a ailable against 7amaswami because of the report of the %ccountant >eneral who audited the purchases made by 7amaswami as 6hief Justice of )un,ab and 3aryana 3igh 6ourt. This is why, impeachment of ,udges, howe er corrupt they might be, is not a practical remedy in discipling them. - Justice ?.S. ?nand - pdf C)9.9 18D Serious allegations of corruption and fa ouritism were raised against Justice %.S.%nand former 6hief Justice of India pertaining to the period when he was the Judge and the 6hief Justice of the Jammu and =ashmir 3igh 6ourt. 7ead more articlesR.. 9? conflict etween law and morality 9 pdf H"# =0I 6ontempt 9 !ontempt of court# "udgement y Justice ?ri"it >asayat 9 pdf H@J.C =0I 9 !ontempt of court# "udgement y Justice /a.eendran 9 pdf H@A." =0I 9 Judges in their own cause# !ontempt of court y >rashant 8hushan 9pdf

H"D.@ =0I 9 !ontempt of court# need for a second look y J.6arkandey 1at"u 9 pdf H"@.C =0I 9 Standing !ommittee report on !ontempt 9 pdf HCE.A =0I 9 ?ffida.its of ?rundhati /oy pdf C'+.' 18D and 6edha >atkar on contempt pdf H"G.# =0I 7ight to Information and Judiciary 9 /ight to -nformation ?nd 3he Judiciary 8y >rashant 8hushan 9 pdf HG@ =0I In estigations against Judges 9 Justice 1. Veeraswamy 9 pdf H"GG =0I Justice =.?eeraswamy the then 6hief Justice of 5adras 3igh 6ourt was charged for possession of assets disproportionate to his *nown sources of income and a case was filed against him by the 60I under the )re ention of 6orruption %ct. The 3igh 6ourt of 5adras dismissed his )etition for quashing of the 6ase against him and referred the matter to the Supreme 6ourt for deciding certain questions of law. The Supreme 6ourt while deciding the case against the delinquent Judge laid down strict guidelines to protect the independence of Judiciary according to which no &.I.7. can be registered against a Judge or 6hief Justice of the 3igh 6ourt, or a Judge of the Supreme 6ourt without the sanction of the 6hief Justice of India in the matter. It was held that the Supreme 6ourt is not a court of limited ,urisdiction of only dispute settling, and that the court has been a law ma*er and it is the courts responsibility and duty to apply the existing law in a form more conduci e to the independence of the ,udiciary. It was also said that any complaint against a Judge and its in estigation by the 60I, if gi en publicity will ha e a far reaching impact on the ,udge and the litigant public therefore there is need of a ,udicious use of ta*ing action under the )re ention of 6orruption %ct. - Judicial ?ccounta ility O/ -llusion - 3he Bational Judicial !ouncil 8ill y >rashant 8hushan 9 pdf HE.E+ =0I - Judicial ?ccounta ility y >rashant 8hushan 9 pdf HD.J" =0I - 6echanisms of Judicial ?ccounta ility y Justice J.S.Verma 9 pdf H"".@ =0I

Judicial 7eforms The current ,udicial system needs to be cleared of procedural complexities and hurdles to ma*e it accessible for the common citi'ens. It must be strengthened to deli er ,ustice quic*ly, efficiently and honestly. This section contains lin*s and updates on arious laws and policies Hexisting and proposedI and an analysis of the same. %ccess of )oor and .elays in Justice 8ho do these delays and bac*logs impact the most: 3ow do they impact access to ,ustice: In case of the criminal cases, the poor people are the most affected. 5ore than G#$ of persons inside ,ails who are held on suspicion of ha ing committed a crime are not able to pay the bail amount, which is ery high. They are inside the ,ails for months and years, as they cannot afford a lawyer. Rmore Values and ?ttitude towards the poor

La our %fter independence, the concept of social ,ustice was introduced and the labour law de eloped more as a ,udgment law. There were arious laws but with the inter ention of ,udiciary, the labour law was mo ing in a progressi e direction. The issues concerning the labour matters such as wage, minimum wage, fair wage, employment security, social security, etc. were initiated, right from the 1xpress 2ewspaper!s case. Rmore Fr an >oor (ne broad category of urban poor is the slum dwellers li ing in unorgani'ed housing sector, ha ing occupation of street endors, ric*shaw pullers, etc. This is the section, which has suffered the maximum onslaught of ,udicial decision in the recent past. Rmore /ural >oor This debate is quite crucial, which is reminiscent of what happened with ,udiciary during the period when India was trying to abolish Uamindari system and introduce land reforms. 8hile reflecting on the ,udiciary and its impact on the rural poor, the most popular analysis is

the class analysis but one should not confine to it alone, one should also consider caste analysis. 8e must also remember the indigenous people. Rmore

>u lic -nterest Litigation It is important to discuss about the reasons for de eloping a tool li*e )ublic Interest Litigation and how it has transformed recently. 8hile critici'ing ,udiciary one must not forget about the executi e inactions of last ten years and the recent laws passed by the legislature. It is necessary to substantiate by two examples, one is aquaculture case which permitted the multinational corporations to ha e their aquaculture acti ities at the cost of the traditional fishermen. Rmore

!o.ering up Late >6 /a"i. 4andhi ?ssassination conspiracy

The >(I & in estigating authorities ha e failed to punish the real master minds behind the Late )rime minister Shri . 7a,i >andhi assassination case . 8hen a responsible Indian citi'en olunteered to appear before the supreme court of india as an amicus curie , to gi e certain information before the court relating to this assassination , he was not at all permitted. Instead he was threatened , attempts made to murder him , his news paper was closed , his ,obs were illegally snatched away , police & in estigating agencies repeatedly grilled him , T31 )47)(S1 IS T( SIL1261 T3%T )17S(2 . The )olice failed to act upon his complaints. The Supreme 6ourt of India &ailed to admit his )IL )etitions. %LL T( 6(?17 4) T31 )(817S T3%T 01 .

who are co ering9up late p.m. ra,i gandhi assassination case: who are those conspirators: who are trying to silence me: 5y sufferings began hand in hand with my crusade. I ha e raised arious issues of social concern from time to time at the appropriate le els, one of those is L%T1 ).5. 7%JI? >%2.3I %S%SSI2%TI(2 6%S1. where9in only the tools of the conspirator/s were punished where as the conspirators are roaming free. i ha e raised this topic of inequity , tra esty of ,ustice and

sought a fair, proper enquiry& trial , at arious forums. but to no a ail. the conspirators were disturbed by this and tried to silence me by threatening me, physically assaulting me and e en made attempts to murder me. they pre ented me from appearing before the J%I2 6(55ISSI(2 (& 12V4I7<. they e en manipulated the recruitment systems to deny me the appointments in 7.0.I.6477126< 2(T1 )71SS 5<S(71, ).1.S. 6(LL1>1 (& 12>I2117I2> 5%2.<%, 2.I.1 5<S(71 , .istrict 6ourt 5ysore & Illegally snatched away my ,ob in 7)> 6ables Ltd , 5ysore . they e en tried to silence me by forcibly closing down my newspaper publications T31 T1ST4.( & ?(I61 (& 674S%.17. my appeals for ,ustice resulted only in police enquiries. the central intelligence bureauHI.0.I state intelligence & state police personnel enquired me exhausti ely number of times, but they ne er did enquire the powers that be. any way these people don/t ha e practical powers to enquire such people. the highest constitutional functionaries who can order a proper enquiry, trial are *eeping mum inspite of repeated appeals. probably they are acting under the directions of conspirators. thereby they are not only co ering up the crime, they are acti ely sponsoring terrorism , but are also iolating my fundamental;human rights & obstructing me from performing my fundamental duties as a citi'en of india. hereby , i do request you to protect my fundamental & human rights and to facilitate me to perform my &42.%512T%L .4TI1S as a citi'en of india.also, i do request you to gi e me information about following cases ,it/s final reports& it/s action ta*en report. ".the roost resort scandal in ol ing *arnata*a high court ,udges. @.the scam of gem cutting & polishing units in mysore set9up under ?IS38% self9employment scheme. +.the murder of under9trial,T%.% detenue mr.ar,unanHforest brigand eerappan/s brotherI. A.the murder of ,ournalist mr.satyanarayan near mysore. C.the murder of ex9minister mr.nagappa near mysore. J.the amount of ransom paid by state go ernments of *arnata*a,tamilnadu & the union go rnment and the general public to forest brigand eerappan during all *idnap episodes Hincluding mo ie star ra,*umar/sI.the role played by facilitators.the contents of all cassettes sent by eerappan to go ernments & ice ersa. G.the final report of ,ustice a.,. sadashi as/s committee which enquired into atrocities & human rights iolations committed by police,special tas* forceHS.T.&.I on the innocent tribal people of 5.5.3ILLS. E.the report of past district magistrate of mysore mr.T.5. i,ayabhas*ar

about the land scam in & around mysore. D.e en in de eloped countrise li*e 4.S.%. & 4.=. mal9handling of radio9 acti e materials ta*es place now & then, which in itself constitute nuclear disasters on small scale.refer the .166%2 317%L. H"@;"#;#+ to"E;"#;#+I.in india how many cases of mal9handling of radio9acti e materials ha e ta*en place: no public *nowledge.in the bac* drop of corrupt,negligent,hush9 hush,buc* passing wor* culture in most of the go ernment ser ice in india, i do want to *now how safe are we the mysoreans from the processing & storage of radio9acti e materials at 5;S 7%71 1%7T3 5%T17I%LS )L%2T,yelwal,mysore: in the past there were media reports about damages caused to the human beings ,the en ironment by the same organisation 5;S 7.1.5.). & it/s sister concern 5;S 47%2I45 6(7)(7%TI(2 (& I2.I% LI5IT1.H4.6.I.L.I at *erala state & at ,adaguda ,orissa state respecti ely.e en some of the insurance companies li*e 5;S.metlife india insurance co.,don/t co er the ris* of health damages ,death due to nuclear ha'ards.in such an e ent who will bear the cost of compensation:how the quantum of compensation is calculated:gi e me information about the safety measures ta*en by 5;S. 7,1,5.).mysore & the compensation pay sructure and the safety measures being followed by all agencies dealing with radio9acti e materials.

0/ole of Vaiko% 1arunanidhi in /a"i. assassination not pro ed2

The chief in estigating officer of the 7a,i >andhi assassination case, = 7agothaman, has alleged that the then .5= leader ?ai*o, as a prosecution witness, turned hostile and escaped the charge for per,ury at the behest of the former SIT chief . 7 =arthi*eyan. In his boo* O6onspiracy to *ill 7a,i >andhi M from 60I files!, 7agothaman said that during the in estigation more than C## ideo cassettes were sei'ed, including a cassette titled OIn tigers ca e! re ealing ?ai*o!s clandestine isit to the LTT1 area in Jaffna. K3e was spea*ing ulgarly about 7a,i >andhi and spitting enom on 7a,i . It is also found that he met )ottu %mman when he was introduced to him by )rabha*aran. ?ai*o was not questioned on this. %lso, he was made witness to spea* about his con ersation with )rabha*aran while he was *ept in the %sho*a 3otel, prior to signing of Indo9Sri Lan*a accord,L 7agothaman wrote. .uring the trial, ?ai*o refused to admit oice on a ideo clip of a meeting

secured by in estigators, in which, he is heard saying that he told )rabha*aran o er the intercom in %sho*a 3otel that O7a,i >andhi stabbed him in the bac* and the proposed accord was not the solution for achie ing Tamil 1elam.! Soon after the meeting between )rabha*aran and 7a,i >andhi, on the Indo9Sri Lan*a accord, ?ai*o had a tal* with )rabha*aran on intercom. 7agothaman has also dragged .5= patriarch =arunanidhi, who abruptly cancelled his meeting at Sriperumbudur on 5ay @", "DD", to the centre of contro ersy. 7agothaman wrote, K8hen I had collected the e idence about the cancellation of the meeting and brought to the notice of the chief of SIT to question the .5= leader on that issue, I was told that part of in estigation was done by him and that .>) 7angasamy had requested the .5= leader to cancel the meeting. %lso, I was chided by SIT chief as*ing me not to create such issues as I had done in 7asheed 5urder case.L Spea*ing to the O1xpress!, 7agothaman said that he opposed ?ai*o as witness and told SIT chief that he appears to be a suspect. KSIT chief =arthi*eyan told me there was not sufficient e idence against ?ai*o. %lso, starting point of our in estigation should ha e been cancellation of =arunanidhi!s trip to Sriperumbudur, but =arthi*eyan did not allow probe into it,L 7agothaman said. =arthi*eyan, hailed as one of the most relentless in estigators, ehemently refuted the charges authored by his own team member. K3e is flogging the dead horse. 2o way can anybody question the integrity of an in estigation and nothing remains to be done. %ll the aspects were explored by the A#9member team @# years ago and SIT had recei ed words of appreciation from two ,udicial commissions on record. The Supreme 6ourt placed on record appreciation for my leadership,L =arthi*eyan told 1xpress.

S5>- demands re-opening of pro e into /a"i. 4andhi2s assassination case

0hopalB The Social .emocratic )arty of India, HS.)II, has demanded the re9 opening of the probe into former )rime 5inister 7a,i >andhi!s assassination case after @" years following a sensational disclosure that a crucial ideo of the assassination was suppressed by the then I0 HIntelligence 0ureauI 6hief and now 8est 0engal >o ernor 5. =. 2arayanan. S.)I national president 5r. 1. %bubac*er in a statement said that the

allegation is serious. KIf there such a ideo as claimed by the in estigating officer, then it warrants another probe. The matter should be loo*ed into,L said, 5r. %bubac*er. 5r. %bubac*er said that it is learnt that when news9hounds trac*ed 5r. 2arayanan, who is now in 5elbourne on a isit, reportedly a oided direct question but at the same time there was no denial. 2arayanan claims all e idence is already present with the in estigating agency. The statement stated that the chief in estigating officer of the 7a,i >andhi assassination case, =. 7agothaman in his ,ust9published boo*, K6onspiracy to *ill 7a,i >andhi M &rom 60I filesL, has claimed that the tape, which had been ta*en from the ideographer by I0 the day after 7a,i >andhi had been blown by .hanu on 5ay @", "DD", was ne er shared with the Special In estigation Team, HSITI, in the in estigation of the assassination. In the boo* 7agothaman said that although a Kpreliminary enquiryL had been conducted in connection with the missing ideo, 2arayanan had been Kallowed to go scot9freeL by the SIT chief .. 7. =arthi*eyan. Similarly, the statement said that %d . S. .oraisamy, who pleaded for 2alini, one of those con icted in the 7a,i >andhi assassination case, has written a boo*, claiming to unra el the mysteries and nail the bungling by the SIT chief =arthi*eyan. The soon9to9be published boo*, tentati ely titled K5ysteries and Secrets 0ehind the 7a,i >andhi 5urderL, alleges a larger conspiracy. S.)I chief wondered that a nation!s leader is assassinated and e en that has to be suppressed. KSo much for freedom of speech and expression and national security. .ig deeper, you will get to *now beyond LTT1 in 7a,i !s assassination. There are too many loop holes, con enient decisions ta*en in finishing 7a,i !s case in order to frame LTT1 and put a full stop. 5any facts were not properly in estigated. 5any issues were suppressed, as the boo* says, by 2arayanan and =arthi*eyan. 7a,i >andhi was *illed not only by the Lan*an Tamils but also allegedly by some 6ongressmen,L he added. 3e pointed out that the alleged manipulation, according to 7agothaman, was meant to erase ideo e idence of the *ind of people .hanu had interacted with at the enue, thereby sparing embarrassment to the 6ongress party in the middle of the "DD" Lo* Sabha elections. The author as*edB 8ould 2arayanan ha e dared Kto damage the goal of the 6ongress party, irrespecti e of his personal affiliation to 7a,i >andhi!s family:L %s such 2arayanan!s connections are of doubtful nature and can be probed into to unra el the truth. 3e said that %d . .oraisamy, who reportedly in an inter iew remar*edB KI ha e the e idence to pro e that 7a,i >andhi murder was an inside ,ob. 0ut the SIT headed by then Inspector >eneral of )olice =arthi*eyan ne er

pushed the in estigation in the right directionL, requires a serious attention and should not be wished away. 5r. %bubac*er said that in iew of the re elations made in the two boo*s the unpleasant facts should not be swept under the carpet but thoroughly in estigated to unmas* the real conspirators and the culprits so that the people at large *now the faces who eliminated the former )rime 5inister for their ested interests. &ollowing the assassination of 7a,i >andhi mysterious forces li*e ). ?. 2arsimha 7ao too* the top slot of Indian administration. Since 7ao!s era India!s cooperation with Israel has increased manifolds at the cost of struggling )alestinian!s woes. The influence of the 4nited States of %merica also increased on the Indian administration, he added.

/a"i. ?ssasination 7 Fnanswered $uestions

7a,i >andhi assasination M lea es many unanswered questions M 4nsol ed pu''les. &or whom did 7a,i >andhi got assisinated : Sudhangan raised arious questions which didn!t get answers till @##D. 3ere are those questions that are unansweredB "I (n @" 95ay9"DD" 7a,i gandhi started from .elhi for election campaign and reached 6hennai through the route (rissa and %ndra )radesh. 3ow did he accepted that midnight meeting at Sriperambuthur which was not in the agenda of Tamil2adu 6ongress committe. : @I Is there any plan made somewhere to bring 7a,i >andhi to Sriperambathur some how : +I The Security official 5r (.).Sagar was there with 7a,i >andhi when he campaigned at 0hubaneshwar and ?isha*apattinam. 0ut he didnt come to chennai along with 7a,i . 8hy : AI 0ulgarian tele ision ,ournalists came along with 7a,i during his isits to record his campaigns. They were with 7a,i in (rissa and %ndha )redesh but didnt come for the next meeting. They stayed in a luxary hotel at ?isha*apatinam along with their special flight pilot. In that case why did they came : CI 8hen 7a,i was about to start, there was a problem in the flight. So he went bac* to circuit house from the airport. %fter the problem in flight got fixed, the chief minister of %ndha )radesh 5r.?i,aya0has*ar 7eddy informed

7a,i to get bac* to airport and 7a,i went to airport. .uring this time the two 0ulgerian ,ournalists too* the security official Sagar along in their car and arri ed at airport late. So the security official could not go along with 7a,i gandhi. 8hy did such an experienced security official was made not to tra el with 7a,i : JI The security official of 7a,i at chennai ).6.>upta was waiting at chennai airport for 7a,i . ).6.>upts is suppose to get the gun from Sagar who was expected along with 7a,i . Since Sagar has not come along with 7a,i , ).6.>upta was made to go with 7a,i without gun. Is there any intenton behind this : GI 8hen 7a,i started from 5eenamba**am, two ladies claiming as ,ournalists got inside his car at 7ama aram. .id their identities erified : 8hy did the special in estigation branch didnt enquire on them : EI 8ho are the 0ulgarian ,ournalists : 8here did they went : DI 8ho are those two lady ,ournalists : 8here did they went : "#I Those two lady ,ournalists inter iewed 7a,i >andhi. 0ut Tamil2adu political party people, Tha. )andiyan and 5aragatham 6handrase*ar were telling they didnt *now what 7a,i spo*e with the ,ournalists. 8hat are the hiding : ""I Just one hour before his murder, 7a,i told it was 6I% that *illed the pa*istan president Uia9ul93aq. 8hy shoud he tell that : 8hat made him to tell that : .id he *now if there is some plan li*e that against him : "@I July9"DD" M The central home minister S.).6hawan made a statement that apart from LTT1 there are other international organi'ations and powerful external forces in ol ed in the bac*ground of 7a,i !s murder. 8ho are they referred here : "+I 8hy didn!t the special in estination branch enquire on the abo e home minister!s statement : "AI .uring the gulf war India helped fueling 4S aircrafts. 7a,i gandhi seriously condemmed this help which was done by primie minister 5r 6handrase*ar during that time. 8hy didnt the special in estigation branch enquire on 6I%!s hands on this murder, as 4S was not happy with 7a,i for the abo e reason : "CI )alestinian 2ational %uthority president, 5r. <asser %rafat informed to the indian prime minister during the time 5r .6handrase*ar that O7a,i >andhi!s life is under threat!. &rom where did %rafat got this information : 8ho is threatening 7a,i : 8hy did special in estigation branch didnt enquire on this : "JI %rafat could ha e got this information if the assasination was planned at western 1urope or middle eastern countries. 8hy is this not probed : "GI 5aragatham 6handrase*ar came to attend that meeting with 7a,i

>andhi. 3er daughter, Latha )riya*umar came with her husband and ad ocate 5ahendran from %ra*onam. 0ut it was un*nown from where did her son Lalith 6handrase*ar and his wife ?inothini came from. Though it is *nown that ?inothini is daughter of Jaya arthane from Sri Lan*a, they didn!t enquire on her. Infact they didnt enquire their family who was there at the meeting. why : "EI Si arasan!s mother and ?inothini!s father are sinhalas from Sri Lan*a who were present at the incident. It is possible that they were sent by Sri Lan*an president )remadasa as messangers. )remadasa is not happy with 7a,i on sending the Indian peace *eeping force HI)=&I to Sri Lan*a. 8hy was the in estigation not done in that angle : H %lso we should note here a Sinhala Sri Lan*an army person hit 7a,i >andhi with a gun during his isit to Sri Lan*a I "DI 0oth LTT1 and Sri Lan*a hate 7a,i gandhi as he is the reaon for sending Indian peace *eeping force HI)=&I to Sri Lan*a. %d ocate 5r 6handrase*ar challenged special in estigation branch that, if they could pro e ?inothini and her family are innocent then those who did the crime will accept it on their own. 0ut the special in estination didnt accept his challence and not enquired those who is related on this. why : @#I =amini .isanaya*a, %thulath 5uthali, 8ic*ramasinghe are prominant politicians in Sri Lan*a. 8hen all those people are murdered president )remadasa was pointed. 8hy did!t the in estigation didnt happen in this angle : @"I 8hy dont Si arasan, .hanu and Subha did this murder due to pressure from external forces. Just because they are Tamils from yarlpanam, did the in estigators lin*ed them with LTT1 and closed the case : @@I 8hat is the strong e idence that lin*s LTT1 and its head )rabha*aran to 7a,i !s assasination case. : @+I 8hat is the proof that Sri arasan spo*e to )rabha*aran thro a radio. 8hy is this not an assumption : @AI It is ery much possible that politicians within the congress could ha e considered 7a,i >andhi is bloc*ing their de elopment within the party and could ha e hired some group to assasinate 7a,i . This moti ation cannot be denied. @CI ?arious international business people specifically those selling weapons would ha e been in contact with 7a,i as a prime minister. They could ha e hired the assasinators to do this murder. .id in estigators probed this : @JI 8hat if Sri Lan*a did this, thin*ing India might send the Indian peace *eeping force again to their country and didnt li*e a strong leader emerging from India : @GI 6I% always had interest in erradicating leaders in all third world

countries. .id the same *ind of interest got applied on 7a,i : @EI 7a,i >andhi is the only leader who pre ents the other prominant political party in India 0J) to get into power. It is possible that the indian parties li*e 0J) and 7SS could ha e used the O3indu fa ourable! LTT1 and Sri Lan*an tamils to do this assasination. @DI 8hen other ma,or 6ongress party members in Tamilnadu li*e ?a'hapaadi and 5oopanar didnt ta*e interest in getting 7a,i to this meeting, 5aragatham 6handrase*ar tra eled to .elhi and forced 7a,i to come for this meeting at Sriperambuthur. Is that without her *nowledge she become one reason for 7a,i !s murder : +# I 8ho is )ottu %maan : Is there a person li*e that : LTT1 says there was a senior person by name %maan who died war and the only person there is )ottu. 3ow did the special in estigation branch stamped someone who is not ali e as second criminal in this case : +"I There are many parallels between the murder of )admanabha and that of 7a,i >andhi. )admanabha!s murder was in estigaed by Tamil2adu queue branch police and 7a,i >andhi!s murder was in estigated by special in estigation branch. 0oth the in estigators are telling the murder was planned at <arlpanam, Sri Lan*a. Si araasan was identified as the prime criminal in both the )admanabha!s case as well as 7a,i ! case. )rabha*aran was considered criminal in 7a,i !s assasination case bur was not in )admanabha!s case. 3ow come : It shows adding )rabha*aran!s name came out of political decision rather than that came out from in estigations. It is clearly an effort ta*en by special in estigation branch to to gi e life to their case intentionally. +@I % famous Sri Lan*an tamil poet =asi. %nandan met 7a,i at the airport. 8hat message did he got from )rabha*aran to 7a,i gandhi : If )rabha*aran see*ed 7a,i !s help in the freedom struggle of Tamil 1elam through =asi %nandan, why would )rabha*aran murder 7a,i >andhi : ++I )rabha*aran *nows it is from India and Tamil2adu that he can get support and sympathy. .id )rabha*aran done such a foollish acti ity by *illing 7a,i , to loose all the support of Indians and also get the organi'ation banned : +AI Latha =annan stopped 7a,i and read a poetry for him. That enabled .hanu, a suside bomber standing next to her, to burst the bomb. 8hy is her name is not included in the criminals list : .hanu used only Latha *annan to get inside. 8hen 3ari0abu who got *illed in the blast got included in the criminal!s list why not Latha =annan : 8hy is special in estigation branch showing softness towards congress members : +CI 0efore getting to Sri)ambuthur, 7a,i spo*e at two roadside gatherings. ?a'hapaadi 7amamurthy, the Tamil2adu congress leader was with him in

those two places. 0ut at Sri )erambuthur meeting he was standing ery far from 7a,i . 8hy so : +JI 5any innocent people and security personnels died along with 7a,i >andhi. 0ut nothing happened to any of the congress party members not e en minor in,ury. 3ow : +GI It was belie ed that Latha =umar who brought Si arasan, .hanu and Subha to Sri)erambuthur. She too* them specifically to ladies section and told Latha =annan to ta*e care of them. 0ut Latha =umar!s name is not in the criminal!s list. 8hy : +EI 3ow can we say )rabha*aran is in ol ed ,ust based on an old photograph of Si arasan with )rabha*aran : +DI 8hy is it not possible that Si arasan, .hanu and Subha are expelled from LTT1 and they ha e been hired by western, 1uropean, 5iddle 1ast or India as professional assasinators. A#I 7anganathan confessed that it was based on request by 5argret %l a that he ga e his house at 0angalore for rent to Si arasan. .id they enquired how far this is true : A"I Is there any in estigation done on in ol ement of 6handra Swami, Subramanyam Swamy , 6handrase*ar and arms business person =aso*i in this murder : A@I 8hat *ind of benifit LTT1 get by murdering 7a,i >andhi : .id super powers li*e 4S helped them by arms through 6I% : A+I 8hy do we need 60I & Special In estigation branch which find few people they prefer to get the reports : 4nless all these confusions are clarified, the real culprit will be hiding behind some powerful forces. 6ontinue reading at 2ow)ublic.comB 7a,i %ssasination M 4nanswered questions W 2ow)ublic 2ews 6o erage httpB;;www.nowpublic.com;world;ra,i 9assasination9unanswered9 questionsXix''@%ygD?IGA

>eople at the helm are protecting /a"i. murder accused2

&ormer 6entral 0ureau of In estigation!s former chief in estigating officer = 7agothaman has claimed in a recently published boo* F 6onspiracy to *ill

7a,i B &rom 60I files M that a lot of facts pertaining to the former prime minister!s assassination were either suppressed, or were studiously ignored. 7agothamam writes that there were attempts made to protect the Liberation Tigers of Tamil 1elam from being called the conspirators behind 7a,i !s *illing. In this inter iew with rediff.com!s ?ic*y 2an,appa, 7agothaman spea*s about the conspiracy and the hurdles that were faced in a probe in which many aspects were hushed up. 3ow has your boo* been recei ed: That is too early to tell. It is ,ust out, but is under debate. Let us wait and watch. <ou write that .ra ida 5unetra =a'hagam chief 5 =arunanidhi!s P Images Q scheduled public meeting in Sriperumbudur on 5ay @", "DD", the day 7a,i was *illed, was abruptly cancelled. =arunanidhi was to address a meeting at JY( cloc* that e ening, two hours before 7a,i !s meeting. The police had made all arrangements. Then there was a telegram from the %nna %ri alyam postal office ,urisdiction that the meeting was cancelled. I probed the sender of that telegram. I was told to as* =arunanidhi about the same. 3owe er, I could not in estigate him directly. Later, I was told by my superiors that the matter was being loo*ed into, and I should remain quiet. I was also told that it was a director general of police, 7angaswamy, who had ad ised that the meeting be cancelled. 3owe er, when I loo*ed at the 7angaswamy affida it, it read that he had ordered as much police force as possible in iew of this meeting. I also attended the Jain commission inquiry in which =arunanidhi was examined. 3e had said then that it was the then go ernor, 0hishma 2arayan Singh, who had told him to cancel the meeting. Loo* at the contradictions. 8ho according to you was the one who ad ised cancellation of the =arunanidhi meeting: )robably it was 5arumalarchi .ra ida 5unetra =a'hagam leader ?ai*o who telephoned and sought cancellation of the meeting. The telephone records needed to be examined, but it was ne er done. 8hy do you thin* ?ai*o tried to stop =arunanidhi: %fter 7a,i !s assassination, many .5= wor*ers were attac*ed, their offices burnt. If =arunanidhi had gone there, he would ha e been in trouble and there would ha e been an onslaught. 3ence, they were trying to protect him. .oes this mean e en =arunanidhi was part of the plot: 2o, that is not what I meant. =arunanidhi is not a *iller. 3e wanted a

democratic solution to the problem and this was ne er li*ed by slain LTT1 P Images Q chief )rabha*aran. <ou accuse ?ai*o of ha ing a hand in this entire issue. ?ai*o was the one who spo*e ehemently against the Indo9Jaffna accord. ?ai*o said at that time he was first an LTT1, then a Tamilian and then an Indian. %t the time of the accord, )rabha*aran was brought down to 2ew .elhi P Images Q and was put up at the 3otel %sho*a. ?ai*o sought to meet him, but he was not allowed to do so. 3e con ersed with )rabha*aran on the intercom, during which the latter told him, K%nna, this 7a,i has betrayed me. I feel li*e committing suicide as he is sealing my fate. 0ut I cannot *ill myself as I need to fight for my people.L ?ai*o wrote a boo* later in which he mentions that )raba*aran had thought of committing suicide. Tell us more, sirR 8hen ?ai*o had gone to Sri Lan*a P Images Q, we had secured a ideotape titled Inside a Tiger!s 6a e which has him on tape. There he spo*e e erything that was anti97a,i . It appeared that he was more against 7a,i than )raba*aran himself. This was also a point noted during our in estigation. Then there is also a meeting in which ?ai*o says that 7a,i won!t go bac* ali e from Tamil 2adu. 3e, howe er, retracted that statement. .uring the in estigation, we questioned one 6hinna who is on death row. 3e said that in one of the hideouts, Si arasan Hthe prime accused in the assassinationI held tal*s with one Srini as %yya and said that after the successful completion of the mission, they should ensure that ?ai*o becomes the chief minister of Tamil 2adu. 8hy was the e idence not used then: This is a question that I ha e been as*ing. 8e had so much e idence, but surprisingly ?ai*o was roped in as prosecution witness number @C# in the Terrorist and .isrupti e %cti ities court. .uring the trial, he denied spea*ing all of which was on ideo with )rabha*aran. The ideo was played out. 3e claimed that it was him in the ideo but the oice was not his. It was sent for examination and the oice too was confirmed, but till date there is no per,ury case against him. <ou ha e alleged that e en the Intelligence 0ureau and the 7esearch and %nalysis 8ing tried to co er up LTT1!s role: %fter the assassination, 6handrashe*har, the then prime minister, con ened a meeting in which e en Janata )arty president Subramanian Swamy Hthen minister of commerce and industryI was present. The then I0 chief, 5= 2arayanan, and 7%8 boss, >S 0a,pai, were also present. Swamy said that it was ob ious that the LTT1 was responsible. 0a,pai

retorted that it was not the LTT1. The meeting was ad,ourned. 5eanwhile, the 60I director had gone to 6olombo for the in estigation. They were called bac* and rushed to .elhi for the meeting. .uring the meeting, it was again as*ed why a trip was made to 6olombo and did that mean it was preconcei ed that it was the LTT1 which was behind the assassination. 0a,pai once again opposed this. 3e e en quoted one =ittu to be his source. =ittu, incidentally, was )rabha*aran!s right hand man. %n LTT1 man could ne er ha e been a 7%8 mole and e en .r Swamy had termed this as absurd. 8hat are your allegations against 2arayanan: % ideo ta*en at the meeting on that ill9fated day in which there were images of .hanu was ne er made a ailable to the 60I. The assassination team was waiting for nearly two hours in a sterile area. The original ideo reached 2arayanan. The go ernment had decided to conduct an in estigation in this regard and this case was registered with the Special In estigating Team and the 60I. 3owe er, it was buried. 5y question is, why no action has been ta*en for suppressing e idence. It was being said that .hanu had barged into the meeting, but this ideo clearly shows that they were waiting for a long time. 8e probed this case ris*ing our own li es and it does upset me that people sitting at the helm of affairs are protecting the accused. .o you thin* the loopholes will be rectified now: Let us see.

!o.ering up Late >6 /a"i. 4andhi ?ssassination conspiracy & 8OFO/S S!?6

The 60I & >(I is more interested in fa oring accused persons , Vuattrochi & closing 0(&(7S 6ase than punishing the guilty. The >(I & in estigating authorities ha e failed to punish the real master minds behind the Late )rime minister Shri . 7a,i >andhi assassination case . 8hen a responsible Indian citi'en olunteered to appear before the supreme court of india as an amicus curie , to gi e certain information before the court relating to this assassination , he was not at all permitted. Instead he was threatened , attempts made to murder him , his news paper was

closed , his ,obs were illegally snatched away , police & in estigating agencies repeatedly grilled him , T31 )47)(S1 IS T( SIL1261 T3%T )17S(2 . The )olice failed to act upon his complaints. The Supreme 6ourt of India &ailed to admit his )IL )etitions. %LL T( 6(?17 4) T31 )(817S T3%T 01 . who are co ering9up late p.m. ra,i gandhi assassination case: who are those conspirators: who are trying to silence me: 5y sufferings began hand in hand with my crusade. I ha e raised arious issues of social concern from time to time at the appropriate le els, one of those is L%T1 ).5. 7%JI? >%2.3I %S%SSI2%TI(2 6%S1. where9in only the tools of the conspirator!s were punished where as the conspirators are roaming free. i ha e raised this topic of inequity , tra esty of ,ustice and sought a fair, proper enquiry& trial , at arious forums. but to no a ail. the conspirators were disturbed by this and tried to silence me by threatening me, physically assaulting me and e en made attempts to murder me. they pre ented me from appearing before the J%I2 6(55ISSI(2 (& 12V4I7<. they e en manipulated the recruitment systems to deny me the appointments in 7.0.I.6477126< 2(T1 )71SS 5<S(71, ).1.S. 6(LL1>1 (& 12>I2117I2> 5%2.<%, 2.I.1 5<S(71 , .istrict 6ourt 5ysore & Illegally snatched away my ,ob in 7)> 6ables Ltd , 5ysore . they e en tried to silence me by forcibly closing down my newspaper publications T31 T1ST4.( & ?(I61 (& 674S%.17. my appeals for ,ustice resulted only in police enquiries. the central intelligence bureauHI.0.I state intelligence & state police personnel enquired me exhausti ely number of times, but they ne er did enquire the powers that be. any way these people don!t ha e practical powers to enquire such people. the highest constitutional functionaries who can order a proper enquiry, trial are *eeping mum inspite of repeated appeals. probably they are acting under the directions of conspirators. thereby they are not only co ering up the crime, they are acti ely sponsoring terrorism , but are also iolating my fundamental;human rights & obstructing me from performing my fundamental duties as a citi'en of india.

RRRRRRRR..5;!L?/?3-OBRRRRRRRRR

Bame # ...........................B?4?/?J?.6./. ?ddress # ...................L-4-' & HG) % =F5!O F-/S3 S3?4; % O>> A?3;/ AO/1S OFF-!; % L?1S=6-1?B3?B?4?/ % =;88?L % 6KSO/; 9H(()H -B5-? >rofessional & 3rade 3itle # S.O.S - e 7 Voice For Justice >eriodicity # A;;1LK !irculation # FO/ F/;; 5-S3/-8F3-OB OB A;8 5onations # BO3 ?!!;>3;5. Self financing . Be.er accepted any donations % su scriptions either for oursel.es or on ehalf of other organi:ations & indi.iduals . 6onetary gains # nil % ne.er made any monetary gain y way of ad.ertisements on my we sites or we news paper or otherwise. Owner&editor&printer&pu lisher # B?4?/?J?.6./. Bationality # -B5-?B

8ody 5onation # >hysical 8ody of Bagara"a 6 / % ;ditor % S.O.S- e 7 clarion of 5alit & S.O.S-e-Voice for Justice is donated to JSS 6edical !ollege % 6ysore C 5onation Bo. )GH dated '' & )( & '((* D % -n case of either Fnnatural death or Batural 5eath at the hands of criminal nexus % my ody must e handed o.er to JSS 6edical !ollege % 6ysore for the study purposes of medical students. ;ye 5onation # 8oth ;K;S of Bagara"a 6 / % ;ditor % S.O.S- e 7 clarion of 5alit & S.O.S-e-Voice for Justice are donated to 6ysore ;ye 8ank % 6ysore % -n case of either Fnnatural death or Batural 5eath at the hands of criminal nexus % my eyes must e handed o.er to 6ysore ;ye 8ank % 6ysore A-3=-B G =ours for immediate eye transplantation to the needy.

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true to the est of my knowledge & elief. -f i am repeatedly called to police station or else where for the sake of in.estigations % the losses i do incurr as a result like loss of wages % transportation % "o % etc must e orne y the go.ernment. pre.oiusly the police & -8 personnel repeatedly called me the complainant Csufferer of in"usticesD to police station for $uestioning % ut ne.er called the guilty culprits e.en once to police station for $uestioning % as the culprits are high & mighty . this type of one sided $uestioning must not e done y police or in.estigating agencies . if anything untoward happens to me or to my family mem ers like loss of "o % meeting with hit & run accidents % loss of li.es % death due to improper medical care % etc % the "urisdictional police % re.enue officials % 5istrict 6agistrate & !hief Justice of -ndia together with a o.e mentioned accused pu lic ser.ants will e responsi le for it. ;.en if criminal nexus le.els fake charges % police file fake cases against me or my dependents to silence me % this complaint is & will e effecti.e. -f - or my family mem ers or my dependents are denied our fundamental rights % human rights % denied proper medical care for oursel.es % -f anything untoward like hit & run cases % murder attempts % unnatural deaths % etc happens to me or to my dependents or to my family mem ers - -n such case !hief Justice of -ndia together with the "urisdictional re.enue & police officials will e responsi le for it % in such case the go.ernment of india is lia le to pay /s. 3AO crore as compensation to sur.i.ors of my family. if my whole family is eliminated y the criminal nexus %then that compensation money must e donated to -ndian ?rmy Aelfare Fund. ?fterwards % the money must e reco.ered y 4O- as land arrears from the salary % pension % property % etc of guilty police officials % guilty Judges % guilty pu lic ser.ants & guilty !onstitutional fuctionaries.

date # ''.('.'()+..RRRRRRRRR..KourTs sincerely% place # -ndiaRRRRRRRRRR............Bagara"a.6./.

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