Professional Documents
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Your’s ,
Nagaraja Mysuru Raghupathi
Dear friends
This comes as an urgent appeal to you seeking support and solidarity for
Mr. Prabhakar Gwal. Gwal has been a well known people’s judge from
Chhattisgarh. Gwal a Chief Judicial Magistrate who was known for his
integrity was dismissed in April 2016. He was last posted as Chief
Judicial Magistrate in Sukma where from he was dismissed from his
services by state government.
Who is Prabhakar Gwal?
Prabhakar Gwal has been born in a Ganda community in a small village
namely Nanakpali, near Saraipali of Mahasamund district. A community
and region which has a history of bonded labour He has come up
through all the pains his parents faced and bore the burden of the social
system of caste in every day life from his childhood. After completing his
early studies, he joined for law and become a lawyer. He practiced for
10 years after which he joined the judicial service in 2006. Life as an
untouchable has given him the orientation on socio-cultural and political
patterns of Indian society, which reflected in his tenure as a judge.
Gwal had reputation of an upright judge who had become an eyesore for
the powerful politicians and bureaucrats, as he took cognisance of
corruption related complaints and took strong action. He has questioned
the manner in which the police have been indiscriminately arresting
tribals in the conflict zones of Chhattisgarh.
What was his crime for the termination?
Gwal came into limelight after his remarkable judgement in which he
sentenced five persons to six years imprisonment each in a case relating
to leakage of question papers of PMT, being conducted by Chhattisgarh
Professional Examination Board or Vyapam, in 2011. He passed the
order as Additional Chief Judicial Magistrate Bilaspur.
In August 2015 he passed orders for to file an FIR and subsequent
investigation into the role of the then SP and current IG of Raipur,
Deepanshu Kabra and another police officer for their role in attempting
to suppress evidence in the case. After this, an attempt was made to
intimidate him by a local BJP MLA who had been a subordinate of the
SP.
He has had a history of exposing corrupt officials and politicians. While
Gwal was posted in Bilaspur, he had ordered an inquiry against
government officials and Police officers, for the infamous ‘Bhadaura
Land-Scam’. The land scam is known for involvement of a senior
minister of BJP (Amar Agrawal). Similarly, he had ordered for inquiry of
Bilaspur RTO officials. He was then transferred to Raipur, where he
rejected to accept Closure Report in the case of IPS Rahul Sharma’s
suicide.
Gwal had filed a complaint of intimidation against the BJP MLA and
DeepanshuKabra in his personal capacity at the local police station.
After this all hell broke loose and instead of action against the BJP MLA
and Kabra, the High Court issued a show cause notice to Gwalwhich
claimed that he has violated rules under C.G. Civil Service Conduct
Rule, 1965, under which they claimed that he was required to seek
permission of the High Court before filing such an FIR against the BJP
MLA and the police officer. An adverse order was passed against him
without any inquiry and his one-year annual increment was cancelled as
penalty.
As a punishment, Gwal was transferred to Sukma district as CJM, in
Bastar division. In September 2015, he took charges where he was
subjected to unfair treatment by police and administration right from the
beginning. The police and local administration did not provide him the
usual security allocated for judges in conflict areas. In his tenure as a
judge in Sukma, he realised early on how the police were carrying out
large scale arrests and surrenders of what seemed to be innocent
Adivasis. Not only did he conduct fair and speedy trials, he also brought
to the notice of the higher judiciary the conduct of the police in Bastar
region.
In keeping with his fearless attitude and his adherence to the facts and
the law, Gwal also passed orders indicting a school in Sukma district for
taking inordinately high fees. After he took cognizance in this case he
received a call (of which he has an audio recording) from the District
Collector who said that he should consult him before passing such
judgments. After receiving this call, Gwal wrote to the District Judge and
Chief Justice of Chhattisgarh, notifying them about the phone call from
Collector where he explained that there was an attempt to interfere in
judicial process and to influence the court. No action was taken upon his
complaint. Instead he received multiple show cause notices as a
response to his complaints against some of the sitting judges in the
lower judiciary.
This was because this upright and dutiful judicial officer would insist on
asking the name, age, village, father’s name and all relevant details of
those arrested; mostly poor and innocent Adivasis who were produced
before him. Rather than accepting the regular practice till then of
permanent warrants produced by the police which contained no other
details other than the name of the arrestee, Gwal chose to stick to
procedure. He would also make it difficult for the police by cross
examining about the alleged seizures including weapons and their
activities. When it became obvious that the police could not establish
any crime against those arrested, he would conclude that those arrested
are ordinary villagers. Gwal went to the extent of communicating directly
to those arrested through a Gondi interpreter, the language the arrestee
understood.
This judge was so fearless that he would term the arrests of thousands
of people being produced before him as Maoists as fake arrests; he
wrote to the District Judge and even Director General of Police Kalluri
that the police is implicating innocent people. He went to the extent of
issuing warnings to Thanedars that he would send them to jail if they
framed innocent people.
In short, the BJP-led government in Chattisgarh prepared an all-out war
pro-people officials and Prabhakar Gwal turned out to be a victim of the
nefarious design. The people of Bastar viewed a ray of hope in Judge
Prabhakar Gwal, in otherwise bleak scenario of displacement and large
scale repression. In a conflict zone like the Bastar, where due systems
and guarantees, and law and order have been completely torn off, it
needs a great amount of courage to challenge the vested interests and
powerful sections to remain independent in a polarised atmosphere. The
casual removal of a district judge, in contravention of procedure appears
to reveal the interference of the government and the police in the
judiciary to the worst.
The Termination Process
On the April 4, 2016 Judge Prabhakar Gwal received an automated
message on his phone. He was in fact removed by an order of the High
Court on April 1, 2016. The message said he had been dismissed from
his post as Chief Judicial Magistrate, Sukma, Chhattisgarh in ‘public
interest.’ The official letter, that he later received, stated that the State
Government on the recommendation of the full bench of the High Court
of Chhattisgarh had dismissed him under Article 311 (2) of the Indian
Constitution. The order stated no reasons or charges for his dismissal
apart from that his removal was in public interest. Prior to his dismissal,
Gwal had faced a series of irregular transfers; show cause notices,
though what lead to this dismissal is still unclear.
The Present Crisis
Prabhakar Gwal’s plight did not end up with his termination. His woes
continued to haunt him on a consistent basis. Life is too difficult for him
and he is a person of integrity and self respect that he would not express
it to anyone in the world. Many of his dues have either not been provided
or got entangled in procedural circus. Financial crisis is haunting him day
in and day out as the day-to-day expense is turning out to be a serious
affair. His two children studying in schools are at the verge of being
thrown off the school. He appeal in the High Court has been dismissed.
This is the context under which this appeal comes.
I appeal to you to express your support and solidarity in terms of –
1. a) Legal support to pursue his case in higher forums and courts
2. b) Financial support for children’s education and his personal
support
Kindly contact him directly on the number and have further discussion
about his case +919479270390; +919826116714
prabhakar.gwalcg@gmail.com
I am also hereby providing the bank details of Mr. Prabhakar Gwal in
case you want to come up with some sort of financial support. No more
PRABHAKAR GWAL
State Bank of India
30034101019
SBIN0002894
For further details please follow the links listed below
http://www.thehindu.com/todays-paper/tp-national/targeted-for-being-
fair-says-sukma-judge/article8500992.ece
http://www.theindianherald.com/2016/04/judge-prabhakar-gwal-who-
was-known-for.html
http://indianexpress.com/article/india/india-news-india/chhattisgarh-
government-dismisses-cjm-who-accused-bjp-mla-of-threatening-him/
http://timesofindia.indiatimes.com/city/raipur/Chhattisgarh-govt-
dismisses-civil-judge/articleshow/51687486.cms
http://sanhati.com/articles/16902/
http://www.kractivist.org/chhattisgarh-cjm-sukma-district-prabhakar-gwal-
dismissed-by-the-govt/
http://hindi.catchnews.com/state-news-in-hindi/raipur-high-court-serves-
notice-to-terminated-judge-prabhakar-gwal-59443.html
LET US TOGETHER UPHOLD THIS BOLD AND BRILLIANT DALIT
JURIST
Dr Goldy M. George
Coordinator
Chhattisgarh Nagrik Sanyukt Sangarsh Samiti
+919893277910
NP: Kindly speak to him in Hindi
The track record of apex court is not clean. There is secrecy involved in
selection , promotion , transfer of judges to high court & supreme court.
Supreme court judges take huge pay , perks from public exchequer (
now on the verge of getting triple fold increase in pay ) but are not
accountable to public. They don’t give information to public , concerning
judges and national security , public welfare.
Day in day out there are rampant atrocities against dalits , weaker
sections of people by public servants , judges are not doing their duties
properly. Supreme court judges are enjoying lakhs of rupees pay , perks
, 5 star bungalows , foreign trips , weeks long summer /
winter paid vacations , proposed triple fold salary hike all at tax
payer’s expense. These judges must be first booked for “Atrocities
against Dalits , Weaker sections” under SC / ST Atrocities Prevention
Act.
If at all , Supreme Court of India is impartial , without bias , let it come
out clean :
12. Fix lower amount for bail surety or create a corpus to give
bail amount to under trials belonging to SC , ST , Weaker
sections , Dalits. Many dalits who are poor are unable to pay
bail amount and suffer in jail for years much more than the
legally stipulated punishment even if convicted.
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-
khaki
“There is a higher court than the court of justice and that is the
court of conscience It supercedes all other courts. ”
- Mahatma Gandhi
Your’s ,
The Chairman of the Bar Council of India (BCI) told Supreme Court (SC)
judges that, according to statistics from the BCI’s ongoing verification
process, 45% of lawyers in India are fake.
The SC judges voiced concern over the prevalence of fake lawyers in the
country. The Chief Justice said “I am so happy that BCI has started the
verification process. But it is not only about people with false degrees, but
also those with no degrees. These people work without a licence. They
go to court and practice without any authority. We need to start much
before, right from the institutions.”
KPSC , Scam
http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-
probe-exposes-jobs-marriage-scam-KPSC.html ,
http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-
report-confirms-malpractice ,
Judicial Tyranny
https://sites.google.com/site/dalitsdiary/judicial-tyranny ,
Judges SEX crimes
https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-
minister/articleshow/6568723.cms
http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-
brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html
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