Вы находитесь на странице: 1из 31

S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Sur i al Of The Oppresse! "!

itor# N$%$R$&$.'.R( )O*.+ issue.,+(( .-./00/-.01

Judge accused of molesting 2 rape survivors in UP A sitting judicial magistrate sexually assaulted them UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls alleged that when they went to the magistrates chamber to give their statement, he allegedly made them strip and molested them. One o the girls is a minor and the police have iled a complaint. The girls also claimed that the judge threatened them to not spea! o the incident to anyone. "awyers and the general public in #onda launched a protest against the judge. Editorial : Hang Rapist Judges to JU"#E$ % $E&UA 'R()E$ amp Posts !

At the outset * +e express our +hole hearted respects to the honest fe+ pu,lic servants in pu,lic service including judiciary % PoliceHo+ever* the corrupt in pu,lic service don.t deserve respect as individuals / as they are parasites in our legal system- $till +e respect the chairs they occupy ,ut not the corrupt individualsAll the follo+ing articles 0 issues * past cases of sexual assaults on +omen ,y judges 1hushed up 23 * +hole articles pu,lished in the +e,lin4s mentioned ,elo+ forms part of this appeal- 5he term 6JU"#E7 mentioned throught includes all pu,lic servants discharging judicial functions right from talu4 magistrates * 8uasi!judicial officers to 'hief Justice of (ndia(ndian egal 0 Judicial $ystem is manipulated at various stages % is for sale- (t is a $HA)E5he persons +ho raise their voice see4ing justice are silenced in many +ays- 5he criminal nexus has already attempted to silence me in many +ays - (f anything unto+ard happens to me or to my family mem,ers * my dependents * Honoura,le 'hief Justice of (ndia together +ith jurisdictional police officer +ill ,e responsi,le for itHere,y* +e do once again offer our conditional services to the honoura,le supreme court of (ndia % other government authorities* in apprehending criminals including corrupt judges % police- Here+ith * +e once again appeal to the honoura,le supreme court of

(ndia * to consider this as a P( Appeal in pu,lic interest'onsider the cases of sexual assault ,y JU"#E$ * P9 ('E on +omen - 5he JU"#E$ have legal immunity +ith respect to their official duties* official actions ,ut not their individual actions amounting to 'R()E$5he pu,lic servants % the government must ,e role models in la+ a,iding acts * for others to emulate % follo+- if a student ma4es a mista4e it is excusa,le % can ,e corrected ,y the teacher- if the teacher himself ma4es a mista4e * all his students +ill do the same mista4e- if a thief steals * he can ,e caught * legally punished % reformed - if a police himself commits crime * many thieves go scot! free under his patronage- even if a police * pu,lic servant commits a crime * he can ,e legally prosecuted % justice can ,e sought ,y the aggrieved- just thin4 * if a judge himself that too of apex court of the land itself commits crime ! violations of R5( Act * constitutional rights % human rights of pu,lic and o,structs the pu,lic from performing their constitutional fundamental duties * +hat happens 2 it gives a ,ooster dose to the rich % mighty * those in po+er * criminals in pu,lic service to committ more crimes- that is exactly +hat is happenning in india- the educated pu,lic must raise to the occassion % peacefully * democratically must oppose this criminalisation of judiciary * pu,lic servicethen alone * +e can ,uild a RA) RAJ:A 9; )AHA5)A #A<"H(=$ "REA)-

Here,y * +e re8uest the honoura,le court to reopen all hushed up old cases of sexual assault involving judges and to punish the guilty judgesRead Is CHIEF JUSTICE OF INDIA above LAW ??? https://sites !oo!"e #o$/site/sosevoi#e%o&'(sti#e/#h ie%)'(sti#e)above)"a* + a+ student sexually harassed ,y ex!$upreme 'ourt judge: case is not uni8ue* ,ut spea4ing out is nearly impossi,le http:00+++-legallyindia-com02>?@????A>BB0(ntervi e+s0sexual!harassment!supreme!court!is! common * ,o(&-s Si.#e&e"/ + Na!a&a'a 0 R

Another la+ intern alleges sexual harassment ,y a former $' judge

<e+ "elhi: $nother law intern has leveled allegations o sexual harassment against a ormer %upreme &ourt judge. $ %upreme &ourt committee is already probing allegations made by another student and had as!ed her to appear be ore it.

'arlier, a woman lawyer had written a blog in which she charged a ormer %upreme &ourt judge o sexually harassing her, while she interned with him in ()*(. The woman lawyer who completed her law degree rom +ational University o ,urdicial %ciences, -ol!ata wrote is her blog, ./n 0elhi at that time, interning during the winter vacations o my inal year in the University, / dodged police barricades and atigue to go to the assistance o a highly reputed, recently retired %upreme &ourt judge whom / was wor!ing under during my penultimate semester. 1or my supposed diligence, / was rewarded with sexual assault 2not physically injurious, but nevertheless violating3 rom a man old enough to be my grand ather.. %he had also claimed that at least three other girls have also aced harassment by the same judge. The girl said that she had re rained rom disclosing the details initially due to the high position that the judge held. The &hie ,ustice o /ndia said, .$s the head o the institution, / am also concerned about the allegations and anxious whether the statement is true or not. The committee will go into the whole a air and ind out the acts. 4e are ta!ing steps and in cases o sexual harassment, we cannot ta!e it lightly.. $nother law student who interned with the %upreme &ourt has accused a now5retired judge o sexually harassing her, barely a wee! a ter similar charges were levelled by another intern.

The latest allegations were made on a 1aceboo! post on +ovember ** and reported by a law website, "egally /ndia, on Thursday. The same website had given the lin! to the irst interns blog, describing her ordeal. The %upreme &ourt has appointed a three5judge panel to in6uiry into her allegations and the victim has been as!ed to record her statement on +ovember *7. 8ut unli!e the irst instance, the website this time has not given the lin! to the 1aceboo! post or identi ied the woman. 4hen contacted -ian #an9, who reported both the incidents, told :T: ;/ got to !now about the second interns experience with the judge through the 1aceboo! post. :owever, / wasnt able to con irm i she wanted to go public.< The second victim, too, was an intern with the same judge, the website said. :T, however, could not con irm the claims or the allegations independently. The two women cant be identi ied or legal reasons. The excerpts uploaded on "egally /ndia on Thursday 6uote the second intern as saying she was ;at the receiving end o unsolicited sexual advance more than once<. 8oth the interns !new each other, the report claimed. ;=. we !ept attributing all the signs o leeriness to our hypersensitivity... 4e discussed innocuously said o 5 colour remar!s and dismissed their creepiness because we really respected him >the judge?, and the possibility seemed at odds with everything we !new about him, his

ideas about eminism, patriarchy, social justice...,< the website 6uoted rom the second interns post. The irst intern had alleged that the judge had misbehaved with other women interns as well. The second intern said as much. ;/n this case, we spo!e to other women... and ound out that there was a history to such behaviour.< ;4e also alerted some emale senior aculty to the incident so that they would ensure that no emale student was assigned wor! with him without being told to be on her guard.< The website urther 6uotes her as saying ;he promised, incidentally, that he would never misbehave with another lady. @aybe its naivetA to believe him. @aybe its just youth ul optimism. 8eing brave is tougher than it appears on the ace o it, noB< The post then goes on say that the judge ;lost his C$s >research assistants? and got a dressing down rom a (D5 year5old which should have come rom his ather. ;4hy deprive girls rom the chance to wor! with an illustrious mind because the mind is a little sic!B $ guy who gets the tas! would get a savvy &E and a better job opp 2opportunity3. 4e didnt want girls to be le t at a disadvantage,< the post, as uploaded on "egally /ndia, read.

a+ student sexually harassed ,y ex!$upreme 'ourt judge: case is not uni8ue* ,ut spea4ing out is nearly impossi,le $ law graduate who recently blogged about how a retired %upreme &ourt judge sexually assaulted her while she was his intern, says that the problem is real and not uncommon amongst the judiciary and senior bar but that she sees ew i any ways o tac!ling it. %tella ,ames, who graduated rom +U,% -ol!ata this year and now wor!s at the +#O +atural ,ustice, "awyers or &ommunities and the 'nvironment, wrote about an alleged incident o physical, sexual assault by an unnamed, retired %upreme &ourt judge in late ()*(. /n a post that was published on the blog o the +U,% ,ournal o /ndian "aw and %ociety on F +ovember, she wrote about trying to come to terms with her experience o (G 0ecember ()*(, &hristmas 've, ironically against the bac!drop o the then5ongoing 0elhi gang rape protests: ;/n 0elhi at that time, interning during the winter vacations o my inal year in University, / dodged police barricades and atigue to go to the assistance o a highly reputed, recently retired %upreme &ourt judge whom / was wor!ing under during my penultimate semester. 1or my supposed diligence, / was rewarded with sexual assault 2not physically injurious, but nevertheless violating3 rom a man old enough to be my grand ather. / wont go into the gory details, but su ice it to say that long a ter /d le t the room, the memory remained, in act, still remains, with me.<

;1ran!ly / was really shoc!ed,< ,ames tells Legally India in an interview today. ;Theres this thing: a person who is a %upreme &ourt judge 5 you dont expect a %upreme &ourt judge to harass somebody.< :owever, she says that her experience was neither uncommon, nor merely restricted to the judiciary: ;/ve heard o three other cases >o sexual harassment? by the same judge and / !now o at least our other girls whove aced harassment rom other judges 5 not perhaps as >bad as mine?: most o them were in the chambers o the judge and other people around, so it never gets too bad. ;$ girl / !now aced continuous sexual harassment throughout and sexual advances, and actually aced troubles through her wor! because o it.< $nd she says shes heard o %upreme &ourt senior counsel who have made passes at or have continuously harassed interns or longer periods. $nd though it is barely, i at all, !nown outside legal circles, it is a bit o an open secret or a ;big jo!e< within the pro ession, particularly among cler!s and women wor!ing in the %upreme &ourt, according to ,ames. ;People in the %upreme &ourt !ind o !now,< she says. ;/ did my internship through the college >recruitment process?.< $ ter beginning to share her experience with others in college, however, ,ames ound that others had also aced similar problems with the same judge. ,ames reasons or not going public with the name o the judge or not lodging a ormal complaint

are complex, both morally and practically. On the one hand, she wrote in the blog post: ;/ bore, and still bear, no real ill5will towards the man, and had no desire to put his li es wor! and reputation in 6uestion. On the other hand, / elt / had a responsibility to ensure that other young girls were not put in a similar situation. 8ut / have been unable to ind a solution that allows that. 0espite the heated public debates, despite a vast army o eminist vigilantes, despite new criminal laws and sexual harassment laws, / have not ound closure. The lac! o such an alternative led to my acing a crippling sense o intellectual and moral helplessness.< ;/d wor!ed or him or six months and he treated me really well or six months and has been really !ind to me,< ,ames explains. ;/t was rather strange to me but / havent really orgiven him or it= >8ut? / dont !now i / want to let mysel 5 my impression o him as a person 5 be entirely dictated by that act= @y leeway to him isnt because hes had a shining career and all that 5 part o it is that H >but? /m not really sure / want to ruin somebodys entire li e because o that.< ;Once it gets out in the open that hes harassed other girls,< ,ames says, ;people will only loo! at him in that light.< :owever, ,ames admits that one other strong reason, which was not really touched upon in her blog post, was concern about whether legal action would even have any e ect. ,ames had managed to reach two o the other young women who were harassed by the same judge but

neither were willing to come orward in public, mostly out o ear. ;They dont really want to jeopordise their careers,< ,ames relates. ;:es a %upreme &ourt judge. / its going to be his word against our word, hes got more credibility, so to spea!, o his words.< $nd she adds that i she by hersel had wanted to ta!e legal action, it would probably not have been possible. ;There were no other witnesses, it was just me. /t was a hotel room, >people? saw me wal!ing in voluntarily, saw me wal!ing out very calmly. / didnt even wal! out >with? ear. $t that moment / elt / needed to wal! out very calmly. / never mentioned anything the same day to anybody.< $part rom the evidentiary di iculty in proving the crime, the more serious problem or lawyers is perhaps inherent in the pro ession itsel . ,ames said she had never heard o any o icial harassment complaints within the legal pro ession or against any judges. $nd while Legally India understands that sexual harassment complaints are at times made in law irms, most are handled very delicately and 6uietly, with the irm encouraging in ormal resolution. /n courts, it is even worse, speculates ,ames, in that there is usually no one you can realistically complain to, unli!e in a company or college structure where harassed by a boss or lecturer, or example, and where she would have ta!en ormal action in a similar incident. ;O course you can ile a criminal complaint >against a judge or lawyer? but thats a whole di erent level.< $nd it is also li!ely to impact your career.

;/ !now a riend o mine who was sexually harassed at the -arnata!a high court,< says ,ames. That riend ;wasnt !eeping it a secret< and telling lawyer riends about why she le t the job with that senior, and or two months a terwards she wasnt able to ind a job at the same court, being as!ed about the incident in interviews a ter it dripped through the courts grapevine 2she eventually ound a job a ter deciding to evade the issue at interviews3. The mindset in such cases o ten is, ;she created trouble or him, shell create trouble or us<, speculates ,ames. %he says she was also s!eptical about the %upreme &ourts recently started sexual harassment cell and guidelines improving matters considerably. ;/t is o ten one persons word against another persons word, and a lot o people tend not to ta!e the word< o a young lawyer against a senior advocate whos made his reputation or *) to *I years. ;There is a balance o power thing going on here.< The only thing that ,ames has been able to do, other than write the blog, is discuss the incident with members o her alma mater, possibly de5listing the judge rom the recruitment process so that others are not exposed to similar experiences. 4hile ,ames does eel that colleges have a responsibility to protect their students, she ac!nowledges that it could be di icult. The judge in 6uestion has been closely associated with her ormer college or a while by giving lectures and regularly ta!ing on research assistants, so

whether aculty can ta!e une6uivocal action is not certain. +evertheless, ,ames says that potentially recruitment committees o colleges could ma!e a di erence. ;/ thin! at least H there should be some way, i not publicly then at least privately, !ids who go intern with a judge should !now that this has happened be ore.< ,ames says that she was able to come orward, albeit without disclosing names, because o her choice to wor! with an +#O with a possible view to entering academia at some point in her career. ;/ was a little a raid,< she admits. ;The other riends /ve spo!en about, they are in positions where these judges play an important role >at the %upreme &ourt or teaching in a college and they? are a raid o jeopardising their careers. / dont have such concerns here at +atural ,ustice 5 / have a team thats incredibly supportive, and three colleagues were irst to read the blog post >be ore publication?. ;1or me, the great thing is that /m in an organisation where / !now that i / come out in public about it, we are (I people, and /m pretty sure /ll have the entire team behind me.< That lawyers elsewhere are unli!ely or unable to protect their own rom sexual harassment, is a problem the pro ession will have to deal with sooner rather than later.

Update ?2 <ovem,er: The &hie ,ustice o /ndia has decided to institute a three5member

judicial committee to probe the allegation. JU"#E $E<"(<# 9C$'E<E $)$ 59 D9)E< uc4no+ 5a4ing cognisance of the allegation against a civil Judge 1junior division3 of Cudaun court that he sent o,scene $)$es to a +oman lecturer* the Registrar #eneral of Allaha,ad High 'ourt today sought a report from the district judge into the matter5he civil judge of #unnor su,!division court of Cudaun E Pramod Fumar #ang+arE +as accused of sending o,scene $)$es from his cellphone to a +oman lecturer of 'lassic 'ollege of a+* Careilly- A lecturer of the same college* Give4 #upta* +as named in the ;(R lodged ,y the victim +hile #ang+ar.s name surfaced in the primary investigationRegistrar #eneral "inesh #upta said* 65he district judge of Cudaun has ,een as4ed to send a detailed report into the allegationsAppropriate action +ould ,e ta4en on the ,asis of the report-7 "istrict Judge $uresh Fumar $rivastava said* 6( have as4ed the Careilly district police to send a report a,out the matter- 5he report on the ,asis of the police in8uiry +ould ,e sent to the Allaha,ad High 'ourt Registrar #eneral-7 6( am not a+are a,out the matter* as the Careilly police did not intimate me ,efore initiating the pro,e against the civil judge- 5hey should have informed me +hen they had received any such complaint*7 the judge added-

)ean+hile* Careilly '9 (( Raj Fumar* +ho is investigating the case* today recorded the statement of the victim- 6( have collected the call details of the cellphone used for sending the $)$es* ,ut ( have yet to get the address of the person +ho is su,scri,er of the $() card*7 he said65he pro,e is on to verify if the accused in the case +ere present on the location recorded in the call details +hen the $)$es +ere sent- 5he details of the findings of the investigation +ould ,e sent to the Cudaun district court to see4 the direction*7 the '9 addedAs4ed if the investigation +as earlier conducted into the matter* Raj Fumar said* 65he $P 1'rime3 had initiated pro,e into the matter* ,ut ( am not a+are if the investigation had reached to any conclusion-7 5he +oman lecturer had lodged an ;(R at the )ahila police station on 5hursday alleging she had received o,scene $)$es on her cellphone involving her colleague Give4 #upta5he preliminary in8uiry into the case ,y the police yesterday had found that the mo,ile phone used in the crime ,elongs to the civil judge(C confirms )ysore Roost Resort sex scandal The /ntelligence 8ureau has provided the &entre with a detailed account o the escapade

involving three -arnata!a :igh &ourt judges on +ovember D in a resort on the outs!irts o @ysore, highly placed sources told The Times o /ndia on 1riday. $ccording to a senior o icial, ;@ost o the in ormation sought has not only con irmed the veracity o the incident but the government has crosschec!ed it with another police agency. 8oth the reports match.< The incident was widely reported in the media. 4hat has surprised the &entre is the ;dogged re usal< o the -arnata!a police to con irm the incident. ;@ysore Police &ommissioner &. &handrase!har irst denied that the incident ever too! place. Only when a public notice was issued through the high court registrar see!ing in ormation on the @ysore scandal, did the acts come out in the open. Public protest helped a lot,< says the source. 4hat transpired at the resort, says the source, ;cannot be expected rom anyone in civil society, leave alone persons sworn to upholding the law<. $ccording to him, ;The /8 report consists o unmentionable acts and also ma!es it amply clear that the @ysore incident is not the irst time such things have happened. &an anyone expect upholders o the law to pic! a ight with people who complained to the police when caught in a compromising positionB< /n a related development, -arnata!a :igh &ourt &hie ,ustice +.-. ,ain has written to &hie ,ustice o /ndia ,ustice #.8. Pattanai! as!ing that three judges be trans erred. ,ain has proposed

that ,ustice +.%. Eeerabhadraiah be trans erred to the Patna :igh &ourt, ,ustice &handrase!haraiah to ,ammu J -ashmir and ,ustice E. #opala #owda to the #auhati :igh &ourt. 4hile ,ain is understood not to have given any reasons, highly placed sources say the proposal or trans ers is lin!ed to the @ysore incident. :owever, the source says that now the government is worried about the appropriate ;remedial measures<. /n such cases, trans erring a judge to a remote high court doesnt always wor!. :e says, ;8ar associations and the people o northeastern states were up in arms when some judges o the Punjab and :aryana high courts were trans erred there. 4e expect similar protests i the &,/ accepts ,ustice ,ains proposal to trans er the three judges o the -arnata!a :igh &ourt.< The 8ar &ouncil o /ndia on 1riday, while expressing its anguish at the -arnata!a incident, called or ; ollow5up action<. ;Unless prompt and appropriate action is ta!en, it will erode the aith o public in the only institution considered to be the bastion o our ighting aith in democracy,< it said in a statement. The 8&/ has ;lamented< inaction in this case by ;the higher judiciary and the government<. Cead more: /8 con irms @ysore sex scandal H The Times o /ndia http:KKtimeso india.indiatimes.comKcityKbangaloreK/85 con irms5@ysore5 sexscandalKarticleshowK(L7)*FF(.cmsMix99*8NPtv1dU

o4ayu4ta: "' demanded sex from +ido+ In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager, the Karnataka Lokayukta on Saturday made a startling revelation that the state government was shielding a top ureau!rat who had demanded se"ual favours from a young widow# "o!ayu!ta ,ustice %antosh :egde disclosed that the o icial concerned, who was the deputy commissioner o one o the districts when he demanded sex rom the widow in return or discharging his duties as public servant, has since been promoted to a senior position. ,ustice :egde, in the course o an interaction with journalists at the 0eccan :erald o ice %aturday a ternoon, said the unnamed widow had dared the deputy commissioner and approached the "o!ayu!tas o ice with a complaint against the o icer. On examination o the complaint, the "o!ayu!ta had ound su icient grounds to recommend to the state government the suspension and prosecution o the 0& concerned. The recommendation was subse6uently considered by the concerned department head as well as the chie secretary and both endorsed it. 8ut, according to ,ustice :egde, no action was initiated against the 0& as the same o icial who had endorsed the recommendation subse6uently ound no basis or initiating departmental action

against him. /nstead, the o icial cleared the 0&s name or promotion in the super5scale. Presently, the o icial holds a senior position in the government. The widow, in her late ()s, had approached the 0& with a representation to sort out some problems. 8ut she was shoc!ed when the 0& demanded sex. ,ustice :egde did not identi y the o icial in 6uestion or the complainant. +or did he o er to name the district where the o icial was serving as deputy commissioner. 8ut the incident has happened sometime in the course o last three years as ,ustice :egde too! over as the "o!ayu!ta in mid5())F. @!year jail term for Hdirty. judge $amily !ourt %udge Ramrao Gangaram &hise attempted to get se"ual favours from a housewife in '(() 1amily court judge Camrao #angaram 8hises attempts to extract sexual avours, in addition to a bribe, rom a housewi e, $l!a #ai!wad O who had sought an increase in her monthly maintenance allowance rom her estranged husband, in *LLN O proved costly to him. Pronouncing him guilty on both counts, the special court hearing anti5corruption bureau 2$&83 matters sentenced him to three years rigorous imprisonment and a collective ine o CsII, ))), on @onday. $ccording to the 1/C in the case registered against 8hise by the $&8, %urya!ant #ai!wad had

iled or divorce rom his wi e, $l!a, be ore the 8andra amily court. $l!a, a housewi e, in turn, iled a petition see!ing mutual cohabitation with her husband. The then amily court judge, @eera -hada!!ar, directed the husband to pay her an interim maintenance allowance o CsNI) per month. %ubse6uently, in ,anuary *LLN, $l!a iled another application be ore the same amily court 2now presided over by 8hise3 see!ing to increase the monthly maintenance amount to CsD,I)). ;On October (N, *LLN, 8hise issued an interim order, increasing the maintenance allowance to Cs(,))) to be paid by %urya!an to his estranged wi e till the disposal o the case. /mmediately a ter issuing the order, 8hise as!ed $l!a to meet him and gave her his residential telephone number, as!ing her to call him when the court hours ended. :e told her that he would as! her husband to pay her a lump sum o Cs( la!h in addition to the monthly maintenance, provided she called him up,< the 1/C states. 4hen she called up the judge at N pm the same day, 8hise told her that she would have to pay him a sum o Cs(,))) in addition to granting his sexual avours i she wanted an order in her avour. :e also directed her to meet him at the :aji $li bus stop with the bribe amount the ollowing evening. ;$l!a approached the $&8, which sought permission rom the &hie ,ustice o the 8ombay :igh &ourt be ore laying a trap on the irst class judicial magistrate 28hise3. The :& while granting the

permission designated a court o icial to bear witness to the events leading to the trap. $l!a, under video camera surveillance o $&8 sleuths, along with the court o icial and other women witnesses met 8hise at 7.D) pm at the :aji $li bus stop. 8hise too! hold o $l!as wrist and when she protested, repeated his demands,< the 1/C states. $l!a was then ta!en to a nearby hotel, %harda, where the judge accepted the bribe amount. 8ut be ore he could do anything else, $&8 sleuths swooped in and arrested him. Rajasthan judge is indicted for see4ing sexual favours &hie ,ustice o /ndia # 8 Pattanai! retires tonight and he doesnt have much to write home about on the unprecedented drive he launched to en orce judicial accountability. $ ter the PP%& scam iasco, reported in The /ndian 'xpress today, comes the case o the Cajasthan judge who has been indicted in a sex scandal and yet has escaped actionOpending another in6uiry. On 0ecember *G, a three5judge committee set up by Pattanai! con irmed the PPinvolvement o ,ustice $run @adan o the Cajasthan :igh &ourt in a proposition to a woman doctor to have sex with him in exchange or a judicial avour. The committee, headed by the &hie ,ustice o the Punjab and :aryana :igh &ourt ,ustice 8 Coy, submitted its report to Pattanai!, indicting @adan on a complaint made rom ,odhpur by the

woman concerned, %unita @alviya. 8ut Pattanai! has not announced any action against @adan. 4hen contacted by The /ndian 'xpress, Pattanai! con irmed that the committee had indicted @adan and his PPbad reputation in see!ing sexual avours in return or judicial ones. :owever, Pattanai! said that no action was being ta!en since the committee had also mentioned allegations o corruption against @adan. $nd so he had ordered a urther in6uiry by the same committee into the corruption charges. 4hen as!ed what he did with the indictment o @adan in the sex scandal, Pattanai! said, PPThat is on hold because / could not have ta!en piecemeal action against him=./ am praying to #od that the inal report will give some tangible material to ta!e action. :ighly placed sources told The /ndian 'xpress that when the committee recorded statements last wee! in ,odhpur o about D) persons over our days, it also came to !now o several allegations o corruption against @adan and another judge o the same high court. The committee put these on record as well. Pattanai! said that when he summoned @adan to +ew 0elhi last wee!, he did not raise the sex scandal issue and instead limited himsel to saying that he was ordering a urther in6uiry into corruption allegations. /n e ect, Pattanai! has now passed the Cajasthan buc! to his successor ,ustice E + -hare. The gist o @alviyas complaint is that @adan made a sexual proposition to her in October

through a deputy registrar o the high court, #ovind -alwani, who said that the judge would help her, in turn, get out o a criminal case boo!ed against her. 4ith this, Pattanai!s much5touted in5house judicial accountability seems to have hit a wall. The irst committees report into the PP%& scam exonerated one judge despite evidence and let two others o with a mere slap on the wrist. The third committee is now busy probing the involvement o judges in the @ysore sex scam. 5en reasons +hy criminals in 4ha4i get a+ay %iddharth Earadarajan 8ehind every man li!e %.P.%. Cathore who abuses his authority stand the generals and ootsoldiers who help and support him. 4e need to ta!e them all down. %.P.%. Cathore, the criminal ormer top cop o :aryana, may appear alone today but we must never orget that he was able to get away with the sexual molestation o a young child and the illegal harassment o her amily or *L years because he had hundreds o men who supported him in his e ort to evade justice. The act that these men H ellow police o icers, bureaucrats, politicians, lawyers, judges, school administrators H were willing to bend the system to accommodate a man accused o molesting a minor spea!s volumes or the moral impoverishment o our establishment and country. 0ecent societies shun those involved in sexual o ences against children. 'ven criminals jailed or

QordinaryR crimes li!e murder treat those serving time or molesting children as beyond the pale. 8ut in /ndia, men li!e Cathore have their uses or their masters, so the system circles its wagons and protects them. The &8/Rs appeal may lead to the enhancement o CathoreRs sentence and perhaps even the slapping o abetment to suicide charges, since his young victim !illed hersel to put an end to the criminal intimidation her amily was being subjected to by Cathore and his men. 8ut the systemic rot which the case has exposed will not be remedied unless sustained public pressure is put on Prime @inister @anmohan %ingh and Union :ome @inister P. &hidambaram, two men who have it in their power to push or simple remedies in the way the /ndian law en orcement and justice delivery system wor!s. 1irst, abolish the need or o icial, i.e. political sanction to prosecute bureaucrats, policemen and security orces personnel when they are accused o committing crimes. The original intent behind this built5in stay5out5o 5jail card was to protect state unctionaries rom acts done in the course o discharging their duties in good aith. %omewhere along the line, this has come to mean protecting our custodians o law and order when they murder innocent civilians 2eg. the in amous Panchalthan case in -ashmir where the trial o army men indicted by the &8/ or murdering ive villagers in ())) still cannot ta!e place because the &entral government will not grant permission3, or assault or molest women and children. +o civilised, democratic society grants

such impunity. /t is disgusting to see ormer o icials and bureaucrats rom :aryana saying how they had wanted Cathore prosecuted but were prevented rom doing so because o pressure. %uch o icials should either be made ormally to testi y in a criminal case against the politicians who so pressured them or they should themselves be hauled up or perverting the course o justice. %econd, stop tal!ing about how ma!ing the police and army answerable to the law will somehow demoralise their morale. 0oes anybody care about the morale o ordinary citi9ens any moreB Or the morale o upright police and army o icers, who do not thin! it is right or their colleagues to be able to get away with criminal actsB Third, bring an end to the cosy relationship between the police and politicians. Cathore was protected by our chie ministers o :aryana. :e served them and they served him by ensuring his un ettered rise. /t is absurd that the /ndian Police is still governed by a colonial5era $ct dating bac! to *7F*. $ number o commissions have made recommendations or re orming the police over the yearsS but no government or political party wants to give up its ability to use and misuse the police or their own bene it 1ourth, ensure that police o icers who abuse their authority and engage in mala ide prosecutions are dismissed rom service and sentenced to jail or a long period o time. @r. &hidambaram should use the considerable resources at his command to ind out who were the

policemen involved in iling ** bogus cases against the teenaged brother o the young girl Cathore molested. :e should then ma!e sure criminal proceedings are initiated against all o them. The message must go out to every policeman in the country: / you abuse the law at the behest o a superior, you will su er legal conse6uences. 1i th, ensure that criminal charges against law en orcement personnel are ast5trac!ed as a matter o routine so that a power ul de endant is not able to use his position to delay proceedings the way Cathore did or years on end. The destruction or disappearance o material evidence in such cases must be treated as a grave o ence with strict criminal liability imposed on the individual responsible or brea!ing the chain o custody. %ixth, empower the +ational :uman Cights &ommission with teeth so that police departments and state governments cannot brush aside their orders as happened in the Cathore case. This would also re6uire appointing to the +:C& women and men who have a proven record o de ending human rights in their pro essional li e, something that is done today only in the breach. The attitude o the @anmohan %ingh government to this commission and others li!e the +ational &ommission or 4omen 2+&43 and +ational &ommission or @inorities is shoc!ing. Eacancies are not illed or months on end. %eventh, ensure the early enactment o pending legislation broadening the ambit o sexual crimes, including sexual crimes against children. 8etween rape, de ined as orced penetrative

sex, and the vague, Eictorian5era crime o Qoutraging the modesty o a womanR, the /ndian Penal &ode recognises no other orm o sexual violence. $s a result, all orms o sexual molestation and assault short o rape attract airly lenient punishment, o the !ind Cathore got. /n his case, the judge did not even hand down the maximum sentence, citing concerns or the criminalRs age. %adly, he did not ta!e into account the age o the victim and neither does the /P&, which ails to distinguish between Qoutraging the modestyR o an adult woman and a young child. $ dra t law changing these provisions and bringing /ndia into line with the rest o the modern world has been pending with the +&4 and "aw @inistry or years. Perhaps the government may now be shamed into pushing it through Parliament at the earliest. 'ighth, ta!e steps to introduce a system o protection o witnesses and complainants. The ate that the amily o CathoreRs young victim had to endure is testament to the act that people who see! justice in /ndia do so at their own peril. +inth, ensure that robust interrogation techni6ues li!e narco5analysis, which are routinely used against other alleged criminals, are also employed against police o icers accused o crimes. Tenth, the media and the higher judiciary must also turn the light inward and as! themselves whether they were also derelict in their duty. The Cathore case did not attract the !ind o constant media attention it deserved, nor do other cases involving serving police o icers accused o

crimes against women, wor!ers, peasants and minorities. $s or the upper courts, their record is too patchy to inspire con idence. /t was, a ter all, the high court which chose to disregard the &8/Rs re6uest or including abetment to suicide charges. -eywords: %iddharth Earadarajan, %.P.%. Cathore, criminals, !ha!i, ormer 0#P o :aryana, custodians, sexual violence, +:C& Por,andar judge accused of do+ry harassment $ complaint has been iled against 0istrict and %essions judge o Porbandar or allegedly harassing his daughter5in5law or dowry, police said here on %unday. 0arshana 0ave, a native o $mreli, has iled a complaint against her husband -innar, ather5inlaw and district judge $rvind 0ave, mother5in5law Pratibha and brother5in5law Prashant, the police added. 0arshana married -innar two years ago. :er complaint says that she was harassed rom the beginning, and was even beaten up by the husband and in5laws, who were demanding Cs *) la!h as dowry. %he has also alleged that she was thrown out o the house a ew months bac!, and her husband is now see!ing divorce, the police said. $mreli %uperintendent o Police : C @uliyana con irmed to have received the complaint against the judge and others. :e said that action will be ta!en a ter veri ying the complaint.

This is the second complaint related to dowry harassment iled against a judge in the state in the recent past. 'arlier, a woman had iled a complaint against additional sessions judge o ,etpur a ter her daughter and the judgeRs wi e committed suicide. #urgaon judge to also face do+ry harassment charge #urgaonRs &hie ,udicial @agistrate Cavneet #arg, boo!ed or the murder o his wi e, will also ace dowry harassment charge, police here said @onday. Police have issued notices to the &,@Rs ather -.-. #arg and mother Cachna #arg, who have also been named in the dowry harassment case. The &,@Rs ather reached here @onday morning rom :aryanaRs Panch!ula town and contacted police, who wanted to 6uestion him. .4e had called &,@Rs parents...-.-. #arg was 6uestioned by special investigation team 2%/T3,. #urgaon Police &ommissioner $lo! @ittal said. @ittal said on the basis o written complaint iled by the parents o the &,@Rs wi e #eetanjali, penal sections o dowry harassment and extra5marital a air were included in the 1/C lodged against the &,@ %aturday. #eetanjali, (G, bore three bullet wounds 5 on her chin, chest and stomach 5 but no bullets were ound in her body that was recovered here Thursday. The &,@Rs licensed irearm was ound near the body, police said.

@ittal said two bullets were sei9ed rom the scene o crime and would be sent or ballistic examination @onday, a day a ter ballistic experts examined the crime spot. .The %/T %unday 6uestioned two women relatives o Cavneet #arg or hours at his government allotted house here in the O icers &olony,. said @ittal. .4e have as!ed &,@ to produce supporting evidences to prove his statement,. he said. The &,@ allegedly said that his driver and domestic help may throw some light on his wi eRs death. ,udge #argRs in5laws alleged that two cars were provided to the accused on his and his amilyRs demand. Cs.( la!h were also delivered to him at the time o the admission o his daughters in school in @ay. #eetanjaliRs brother Pradeep $ggarwal %aturday lodged a irst in ormation report against #arg and his parents, accusing them o murder. .Cavneet and #eetanjali got married in +ovember ())N. 'verything was ine or a ew years but the attitude o Cavneet and his parents towards #eetanjali started changing a ter she delivered two baby girls 2now aged around our and a hal and three years3,. $ggarwal said in his complaint. :e demanded a probe by the &entral 8ureau o /nvestigation 2&8/3 into his sisterRs murder.

e!ite! 2 printe! 2 publishe! & owne! by N$%$R$&$.'.R. 3 # *4%-- / +50 2 67DCO F4RST ST$%" 2 O88 W$T"R WOR9S OFF4C" 2 *$9S6'49$NT$N$%$R 26"::$* 2';SOR" -<+..0+ 4ND4$ =ell # >0 >1,0?-.101 ho@e page# http#//sites.google.=o@/site/e=larionof!alit/6o@e 2 http#//groups.google.=o.in/group/e-=larion-of-!alit 2 http#//e-=larionof!alit.blogspot.=o@/ 2 http#//in.groups.yahoo.=o@/group/e-=larionof!alit/ 2 2

http#//paper.li/f-015+>1?5+,

Conta=t # naghrw3yahoo.=o@ 2 nagaraAhrw3hot@ail.=o@ 2 http#//www.a@nesty.org/en/user/naghrw $ 'e@ber of $@nesty 4nternational