You are on page 1of 18

DALIT ONLINE

Bi – weekly
Editor: Nagaraja.M.R.. Vol.16.....Issue.15.........20/02/2020

PIL - Reservation for Dalits & Muslims

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor Indian’s Diary & Dalit’s Diary ,


# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,

Honourable Pricipal Cabinet Secretary , GOI & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE


CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF
INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Dalits & backward caste people have suffered innumerably for centuries at the hands
of forward caste people. It was nothing but APARTHEID policy.

Muslims and other people whoes numbers were minor also suffered persecution.

Our constitutional framers to provide equal oppurtunity to all indian citizens gave
certain transient measures like reservation in schools , college , jobs , etc to these
persecuted people.

Now even after 70 years of independence & reservation , affirmative policies of


government still many dalits , minorities are suffering. Creamy layers of dalits ,
muslims with political connections have over used , reservation benefits to the
maximum denying their own dalit , muslim brothers , sisters of reservation benefits. As a
result few dalits , muslims have become well educated , rich while their poor brothers
suffer in ghettos , slums.

Private sector which enjoys loans , subsidies , other benefits from government ,
public banks are not bound by reservation policy , are not bound by social obligation to
provide reservation to dalits & muslims.

Successive governments are indirectly segregating people with new names & using
them as vote banks. Affirmative actions of government are creating inequalities in
society, while constitution of india mandates to treat all citizens as equals.

2. Question(s) of Law:

Why NOT reservation policy cover all dalits , muslims & minorities ? Why NOT uniform
civil code ?

3. Grounds:
Request for Protection of Fundamental & Human Right of Equality of all Indian
Citizens in all spheres..

4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL
for : “writ of Mandamus” and to issue instructions to the concerned public servants in the
following cases to enact UNIFORM CIVIL CODE.

b. to give reservation benefits like job reservation , subsidized loan , preferrential


industrial / residential site allotment , etc only once , only one benefit that too to only
one family member. This avoids a single dalit with political connections using multiple
reservation benefits and same family members using reservation benefits. Once a dalit
gets reservation benefit he must come up on his own and must strive to bring up his
other family members. This way reservation benefit will reach other poor dalit
families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward
caste people towards a dignified life but never to put them above others crushing ,
oppressing poor forward caste people. This goes against constitution & creates
new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private
sector also.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

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

b. to give reservation benefits like job reservation , subsidized loan , preferrential


industrial / residential site allotment , etc only once , only one benefit that too to only
one family member. This avoids a single dalit with political connections using multiple
reservation benefits and same family members using reservation benefits. Once a dalit
gets reservation benefit he must come up on his own and must strive to bring up his
other family members. This way reservation benefit will reach other poor dalit
families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward
caste people towards a dignified life but never to put them above others crushing ,
oppressing poor forward caste people. This goes against constitution & creates
new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private
sector also.

f. to pass such other orders and further orders as may be deemed necessary on the
facts and in the circumstances of the case.

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

Dated : 05.12.2017 ………………..FILED BY: NAGARAJA.M.R.

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

Editorial : Birth of DALIT ONLINE

Dalit means “ Oppressed Person” . DALIT term refers to all Oppressed human
beings irrespective of caste , religion , region , ideology they belong to. It doesn’t
refer to a particular caste alone. Nowadays human beings are treated worse than
animals on the basis of their caste or religion or poverty or social status. Dalits must
be respected , their human rights protected , towards this end Baba Saheb Dr.B R
Ambedkar drafted our Indian constitution. He has personally suffered untouchability ,
oppression throught his life , seen many dalits undergoing the grind. To alleviate their
sufferings , to provide them a dignified life , to protect their human rights he drafted our
constitution envisioning equality for all. He never intended to uplift somebody by
pushing down , suppressing others. He wanted to uplift downtrodden to the level of
dignity.

To air grievances of Dalits to the authorities and to appeal for justice “


DALIT ONLINE” e news weekly is born on UNIVERSAL HUMAN RIGHTS DAY (
10.12.2017 ). All our three publications Indian’s Diary , Dalit’s Diary & Dalit
Online merges herewith and the name of merged entity , publication is “ DALIT
ONLINE” with weekly periodicity. Let us strive towards an equitable society
as eulogized below by Rabindranath Tagore :

Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awake.

HUMAN RIGHTS , Independence to Dalits , commoners ?

Even after 70 years of independence , dalits are not treated as human beings. They
have not got the INDEPENDENCE , FREEDOM envisioned by our freedom fighters ,
martyrs. Least of all their HUMAN RIGHTS ar not respected , as first of all DALITs are
not treated as human beings. Indian APARTEID.

Criminalization of police , judiciary , public service has taken place. The corrupt
persons within the police , judiciary are meting out injustices to commoners.
Constitutional rights, human rights of commoners are not respected and commoners are
not allowed to do their fundamental constitutional duties.

Read the following articles. Chief Justice of India , Public servants , Various state
Director Generals of Police & Home Secretaries are not answering our RTI queries since
years. They are afraid of TRUTH , as it will vindicate their crimes. Hereby , we urge them
once again to fully answer following RTI Questions and urge CJI to admit following PILs ,
pass orders accordingly. The delay in taking action by police & judges with respect to
RTI appeals , PILs is aiding criminals and causing deaths of innocents. Intentional
negligence of duties by above mentioned public servants does not make the following
cases time barred and will make them personally responsible for all the resulting crimes.

True INDEPENDENCE , FREEDOM . HUMAN RIGHTS can be achieved only


through transparent DEMOCRACY.

Hope on this Universal Human Rights Day Indian Authorities will learn to respect
all Human Beings. With this fond hope “ DALIT ONLINE ? e news weekly is born
today. Jai hind. Vande Mataram.

Your’s

Nagaraja.M.R.

PIL - Atrocities against Dalits by Government

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,


Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Cabinet Secretary , Government of India , Chief Secretary , Government of Karnataka &


Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE


CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF
INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will
be of low calibre and men of straw. They will have sweet tongues and silly hearts. They
will fight among themselves for power and will be lost in political squabbles . A day would
come when even air & water will be taxed." Sir Winston made this statement in the
House of Commons just before the independence of India & Pakistan. Sadly , the
forewarning of Late Winston Churchill has been proved right by some of our criminal ,
corrupt public servants.

In India dalits , tribals are oppressed in various ways by the influential people with
the aid of authorities and by authorities , police themselves.
India is a democratic country with people’s self governance. Here laws must be framed
as per the wishes of people. MPs , MLAs , MLCs are just postmans of public passing
on the message of people’s aspirations in the respective houses , parliament ,
legislative assembly.

MPs , MLAs , MLCs don’t have legal , moral , democratic right to impose any
laws much against the wishes of their own people. It is illegal. When people in a
specified area doesn’t want a bauxite mining company in their area as it affects the
local ecology , their livelihood , their health , life how can MPs , MLAs give legal
sanction to establishment of such companies ? How can MPs , MLAs impose such
projects on people much against their wishes ?

These type of functioning by ruling MPs , MLAs since decades favoring the rich ,
suppressing the poor has given rise to various people movements including naxalism.
Ofcourse , as the act of our MPs , MLAs are illegal , some acts of these movements are
also illegal. Instead the people associated with these movements must take up non
violent path for expressing their disagreements with the government actions.

The government by misusing it’s powers , police machinery is illegally arresting ,


torturing innocents , murdering innocents to suppress the voices seeking justice. The
government is also illegally aiding various terrorist outfits like salwa judum , salwa
judum-2 , Jharkhand jan mukti parishad , etc all to silence voices seeking justice.

The government is targeting , illegally arresting , torturing journalists , lawyers who


are legally supporting the voices seeking justice. The government has gone to the
extreme of SUMMARILY DISMISSING A SITTING JUDGE as he legally did his
duty & upheld the rule of law.

2. Question(s) of Law:

Are NOT Dalits , Tribals citizens of India ? Don’t Dalit’s , Tribals have constitutional
rights & human rights to be treated equally ? Why not criminal prosecution of high &
mighty practicing dalit atrocities, atrocities against dalits , tribals ?

3. Grounds:
Requests for equitable justice , Protection of Fundamental & Human Rights of all DALITs
& TRIBALs.

4. Averment:

Corrupt people within Government in their greed for money are framing illegal , unjust
laws much against the aspirations of people. Hereby , I do request the honorable
supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue
instructions to the Government of india and all state governments to protect the
constitutional rights , human rights of all dalits , tribals in india and to strictly work ,
legislate laws as per the wishes , aspirations of people.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

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

To immediately reinstate Mr. Prabhakar Gwal , Chief Judicial Magistrate , Sukma ,


Chattisgarh into judicial service.

To make posting at the same place , same court of Sukma , so that he can complete
the cases concerning the powers that be to the logical end.

To initiate criminal legal prosecution against district collector , police officials , public
servants who directly & indirectly interfered in the judicial duties performed by Mr.
GWAL.

To initiate criminal legal prosecution against Chhattisgarh High Court Judges who
instead of upholding rule of law , supporting Mr. Gwal in his duties took sides with
criminal nexus , powers that be and repeatedly transferred him and now dismissed him
from service without enquiry.
To reopen all the buried cases which were dealt by Mr. Gwal and buried by transfer
of judge Mr. Gwal. To take action against ministers , public servants involved in those
cases.

To initiate criminal action against sukma district collector , police officials and
Chhattisgarh High Court Judges on charges of Atrocities against DALIT Mr.
Gwal who was repeatedly harassed by them.

To initiate criminal prosecution under anti terror laws , against present and
past chattisgarh state government ministers , central government ministers , other state
government ministers of jharkand , bihar , Andhra Pradesh , odisha , west Bengal ,
etc and police officials , public servants of those governments who were and
are responsible for creation of terror outfits like SALWA JUDUM , it’s recent terror
child salwa judum – 2 , Jharkhand mukti parishad , etc. These public servants have
indulged in terror acts of salwa judum , other outfits by aiding & sponsoring it , which is
against law.

To immediately annul all the laws , orders passed by government of india , other state
governments authorizing land acquisition , establishment of big industries ,
mines much against the wishes , aspirations of people.

To immediately annul Imposition of big projects on people by MPs , MLAs much against
the resistance of people.

To order authorities to release lawyers , journalists who are illegally detained


for legally supporting people seeking justice.

To immediately arrest , legally prosecute Mr.Ajit Doval for showing contempt of court ,
interfering , influencing the judicial process in the name of discussion with judges.
Government itself is the biggest litigant in the country.

To pass such other orders and further orders as may be deemed necessary on the facts
and in the circumstances of the case.

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

Dated : 06th May 2016……………………………………….. FILED BY: NAGARAJA.M.R.


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

PIL - Atrocities against Dalits by Government of Karnataka & Others

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus
Cabinet Secretary , Government of India , Chief Secretary , Government of Karnataka &
Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE


CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF
INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will
be of low calibre and men of straw. They will have sweet tongues and silly hearts. They
will fight among themselves for power and will be lost in political squabbles . A day would
come when even air & water will be taxed." Sir Winston made this statement in the
House of Commons just before the independence of India & Pakistan. Sadly , the
forewarning of Late Winston Churchill has been proved right by some of our criminal ,
corrupt public servants.
In Karnataka dalits are oppressed in various ways by the influential people ,

1. In the recruitment process at Karnataka State Open University , vice chancellor /


vested interests recruited unfit candidates belonging to their own community sidelining
the deserving dalit candidates .

2. In the recruitment process at Mysore University , vice chancellor / vested interests


recruited unfit candidates belonging to their own community sidelining the deserving dalit
candidates .

3. In the recruitment process at Hassan , Mandya , Mysore & Shimoga Medical Colleges
, vested interests recruited unfit candidates belonging to their own community sidelining
the deserving dalit candidates .

4. In the recruitment process of KPSC for gazetted officers , vested interests recruited
unfit candidates belonging to their own community sidelining the deserving dalit
candidates .

5. In Karnataka , many privately managed Industrial Training Institutes , Polytechnics


have mushroomed and are getting state government grant. The managements have
recruited people belonging to their own communities completely disregarding the
recruitment rules of the government. Still they are enjoying government grant without any
legal prosecution of those guilty.

6. The Karnataka government officials immediately evict temporary hutments built by


tribals , dalits on government land and demolish those hutments. Whereas they allow
huge buildings , complexes to be built on government land by influential upper caste
people. The government has kept those illegal buildings intact for years , allowed the
encroachers to earn lakhs of rupees and now in the process of regularizing those illegal
encroachments.
The honourable governor of Karnataka , instead of taking legal action and legally
prosecuting the guilty has taken side with the guilty themselves. He has approved
AKRAMA SAKRAMA scheme of the government , no action was taken against vice
chancellors of KSOU & Mysore University, etc. This is nothing but indirect way of
atrocities against dalits , by supporting perpetrators of atrocities.

As a result , Since years unfit people are working as KAS officers , unfit people are
working in KSOU , Mysore University , Unfit people are working in medical colleges of
Madya / Hassan / Mysore / Shimoga and earning thousands of rupees monthly salary.
Influential upper caste people are earning lakhs of rupees as rent from land
encroachments and are on the verge of becoming legal owners of encroached lands.

Even in other states also Dalits are oppressed. See the recent suicide of doctoral
student in University of Hyderabad , few moths back we saw dalit atrocity in IIT Chennai.

The poor dalits although talented & deserving are without seats , facilities in educational
institutions , jobs , without livelihood & shelter.

2. Question(s) of Law:

Are NOT Dalits , citizens of India ? Don’t Dalit’s have constitutional rights & human rights
to be treated equally ? Why not criminal prosecution of high & mighty practicing dalit
atrocities ?

3. Grounds:
Requests for equitable justice , Protection of Fundamental & Human Rights of all
DALITs.

4. Averment:

Corrupt people within Government of Karnataka are violating government norms during
recruitment various educational institutions and while demolishing illegal structures.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for :
“writ of Mandamus” and to issue instructions to the concerned public servants in the
following cases to perform their duties.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

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

(ii) To criminally prosecute government of Karnataka chief secretary & governor of


Karnataka , for all the above mentioned recruitment scandals , for their failure of duties.

(iii) To immediately evict land encroachers & prosecute them irrespective of the caste
they belong to. Only eviction of dalits , tribals , downtrodden people & demolition of
hutments belonging to them while sparing big buildings belonging to rich , influential
forward caste people should not be done.
(iv) To annul the moves by Government of Karnataka to regularize big illegal structures
built by rich , influential forward caste people without rehabilitating the evicted dalits ,
tribals , downtrodden. To declare it as illegal.

(v) To recover monetary gains made by the encroachers.

(vi) To terminate the services of unfit candidates selected in the above mentioned
recruitment processes.

(vii) To legally prosecute the recruiting authority officials in all the above recruitments.

(viii) To make proper appointments with due consideration to dalits , backward class
people in all the above institutions , as per law.

(ix) To pass such other orders and further orders as may be deemed necessary on the
facts and in the circumstances of the case.

(x) To take action against those responsible for atrocities against Dalits in University of
Hyderabad & IIT Chennai.

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

Kindly read full details at following web page :


https://sites.google.com/site/eclarionofdalit/pil---dalit-atrocities-by-government-of-
karnataka

Dated : 19TH January 2015……………………FILED BY: NAGARAJA.M.R.

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

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-


2 No 761,
HUDCO FIRST STAGE , OPP WATER WORKS ,
LAXMIKANTANAGAR , HEBBAL
,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
WhatsApp 91 8970318202

Home page :
http://eclarionofdalit.dalitonline.in ,
https://dalit-online.blogspot.com

Contact : editor@dalitonline.in , editor.dalitonline@gmail.com

You might also like