1.
To,
The Hon’ble President of India,
Rasthrapathi Bhavan ,New Delhi,.
Respected Sir,
Sub:- Cooperation Deptt- Disciplinary action under Rule
20 of the APCS (CC&A) Rules 1991 against
B.subramanyam,S.I/Auditor of Charminar coop .Urban
Bank Ltd;-For his failure to conduct audit properly and his
failure to report serious financial irregularities in function of
the Charminar Cub Ltd; -Disciplinary case disposed off-
Orders- Issued- Retired from govt. service on 31-3-2011-
Request for registering F.I.R before Delhi Police
establishment Act 1949/CBI against the concerned and for
withdrawal of criminal case in accordance with law of the
land- planning to make Dharna at Dharna chwock or
before parliament house –-The Bench of Justices J.S.
Khehar and Arun Mishra observed that putting the in-
house procedure of enquiry in the public domain would be
in the interest of safeguarding judicial integrity---Action
against Salary eating officers - Req- Reg.
Ref;-1. President Secretariat ref;-No P2-830664 dt;-9-2-
2004.
2. Crpc 16 Courts of Magistrate may be established
.Jurisdiction of
Metropolitan Courts Nampally, Hyderabad.

2.
3. G.O. Rt .No. 147 Agril. and Cooperation (Coop.III)
Department
Dated;- 17-4-2004.
4. The RBI lr. No. UBD(H)No. /2250/12.9.001/2013-14
june.26.2014observed.
5, Cri.MP No 1203 of 2013 in C.C. No
6 of 2002.
6. My application to the Honorable president Dated; 10-10-
2014.
***************************************************************
Humbly submit the following for consideration;- in
continuation of letters on collegium,In-House
procedure,and my criminal case, submit the procedure
established by law in India for taking action.
AP State CBCID PS Crime No.3of 2002,CC No.6 of 2002
Ist Addl.MSJ court C.C. No.6 of 2002,Nampally,
Hyderabad, T.State.
Procedure established by law and SC court not accepted
the due process.The Concurrent List gives power to two
legislatures, Union as well as State, to legislate on the
same subject. In case of conflict or inconsistency, the rule
of repugnancy, as contained in article 254, comes into
play to uphold the principle of Union power.Central
Government Act.
Article 162 in The Constitution Of India 1949. 162. Extent of
executive power of State Subject to the provisions of this

3.
Constitution, the executive power of a State shall extend to the
matters with respect to which the Legislature of the State has
power to make laws Provided that in any matter with respect to
which the Legislature of a State and Parliament have power to
make laws, the executive power of the State shall be subject to,
and limited by, the executive power expressly conferred by the
Constitution or by any law made by Parliament upon the Union
or authorities thereof Council of Ministers.
Central Government Act Article 309 in The Constitution Of
India 1949,.309. Recruitment and conditions of service of
persons serving the Union or a State Subject to the provisions of
this Constitution, Acts of the appropriate Legislature may
regulate the recruitment, and conditions of service of persons
appointed, to public services and posts in connection with the
affairs of the Union or of any State: Provided that it shall be
competent for the President or such person as he may direct in
the case of services and posts in connection with the affairs of
the Union, and for the Governor of a State or such person as he
may direct in the case of services and posts in connection with
the affairs of the State, to make rules regulating the recruitment,

4.
and the conditions of service of persons appointed, to such
services and posts until provision in that behalf is made by or
under an Act of the appropriate Legislature under this article,
and any rules so made shall have effect subject to the provisions
ofanysuchAct.
The following are the relevant Acts and Rules:
(i) The Andhra Pradesh Civil Services (Classification, Control and
AppealRules,1991.
(ii) The Andhra Pradesh Civil Services (Conduct) Rules, 1964.
(iii) The Andhra Pradesh Civil Services (Disciplinary Proceedings
Tribunal)Act,1960.
(iv) The Andhra Pradesh Civil Services (Disciplinary Proceedings
Tribunal)Rules,1989.
(v) The All India Services (Discipline and Appeal) Rules, 1969.
(vi) The All India Services (Conduct) Rules, 1968.
The Andhra Pradesh Civil Services (Conduct) Rules and the
Andhra Pradesh Civil Services (Classification, Control and
Appeal) Rules govern the State and Subordinate services of the
State and are made by the Governor in exercise of the powers
conferred by the proviso to Article 309 of the Constitution,

5.
while the Andhra Pradesh Civil Services (Disciplinary
Proceedings Tribunal) Act was enacted by the State Legislature
and the Andhra Pradesh Civil Services (Disciplinary Proceedings
Tribunal) Rules were made in exercise of the powers conferred
bytheAct.
The All India Services (Discipline and Appeal) Rules and the All
India Services (Conduct) Rules were made by the Central
Government in exercise of the powers conferred by sub-section
(1) of section 3 of the All India Services Act, 1951, which was
enacted under Article 312 of the Constitution. The three All
India Services created so far are the Indian Administrative
Service, the Indian Police Service and the Indian Forest Service.
Central Government ActArticle 312 in The Constitution Of India
1949.312. All India Services.
(1) Notwithstandinganythingin ChapterVI of Part VI or Part XI,
if the Council of States has declared by resolution supported by
not less than two thirds of the members present and voting
that it is necessary or expedient in the nationalinterest so to
do, Parliament may by law provide for the creation of one or
more all Indiaservices (includingan all India judicialservice)

6.
common to the Union and the States, and, subject to the other
provisionsof this Chapter, regulate the recruitment, and the
conditionsof service of persons appointed,to any such service.
(2) The services known at the commencement of this
Constitutionas the Indian AdministrativeService and the Indian
Police Service shall be deemed to be services created by
Parliament under this article.
(3) The all India judicialservice referred to in clause ( 1 ) shall
not includeany post inferiorto that of a district judge as
defined in article 236.
(4) The law providing for the creation of the all India judicial
service aforesaid may containsuch provisionsfor the
amendment of Chapter VI of Part VI as may be necessary for
giving effect to the provisionsof that law and no such law shall
be deemed to be an amendment of this Constitutionfor the
purposes of article 368.
Multi-State CooperativeSocieties Act, 1984
Multi-State Cooperative Societies Act, 1984 :
Preamble.-
An Act to consolidate and amend the law relating to cooperative
societies with objects not confined to one State and serving the
interests of members in more than one State.

7.
Be it enacted by Parliament in the Thirty-fifth Year of the
Republic of India as follows: Multi-State Cooperative
Societies Act, 1984 (51 of 1985).
Rulers must know that they are For the people,by
the people, and to the people,.
The right to freedom of expression is recognized as
a the Universal Declaration of Human Rights and
recognized in international human rights law in the
International Covenant on Civil and Political Rights
(ICCPR). Article 19 of the ICCPR states that
"everyone shall have the right to hold opinions
without interference" and "everyone shall have the
right to freedom of expression; this right shall include
freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or
through any other media of his choice". Article 19
additionally states that the exercise of these rights
carries "special duties and responsibilities" and may
"therefore be subject to certain restrictions" when
necessary "[f]or respect of the rights or reputation of
others" or "[f]or the protection of national security or
of public order (order public), or of public health or
morals".
Locus Standi : Who can apply;-
In general, the person whose constitutional right or
legal right has been infringed has the right to apply.

8.
However, due to judicial activism, the “doctrine of
sufficient interest” has originated. According to this,
any person who is even remotely affected can
petition the High Court. It also allows public spirited
persons to file a writ petition for any person or class
if that person or class is not able to do so himself
due to poverty or any other reason. Article 67,
Rights of the accused, In the determination of any
charge, the accused shall be entitled to a public
hearing, having regard to the provisions of this
Statute, to a fair hearing conducted impartially, and
to the following minimum guarantees, in full equality:
a. To be informed promptly and in detail of the
nature, cause and content of the charge, in a
language which the accused fully understands and
speaks;
b. To have adequate time and facilities for the
preparation of the defiance and to communicate
freely with counsel of the accuser’s choosing in
confidence;
c. To be tried without undue delay;
d. Subject to article 63, paragraph 2, to be present at
the trial, to conduct the deface in person or through
legal assistance of the accuser’s choosing, to be
informed, if the accused does not have legal
assistance, of this right and to have legal assistance
assigned by the Court in any case where the

9.
interests of justice so require, and without payment if
the accused lacks sufficient means to pay for it;
e. To examine, or have examined, the witnesses
against him or her and to obtain the attendance and
examination of witnesses on his or her behalf under
the same conditions as witnesses against him or
her.
f. The accused shall also be entitled to raise
defences and to present other evidence admissible
under this Statute;
g. To have, free of any cost, the assistance of a
competent interpreter and such translations as are
necessary to meet the requirements of fairness, if
any of the proceedings of or documents presented
to the,.
h. Court are not in a language which the accused
fully understands and speaks;
i. Not to be compelled to testify or to confess guilt
and to remain silent, without such silence being a
consideration in the determination of guilt or
innocence;
j. To make an unsworn oral or written statement in
his or her defence; and
k. Not to have imposed on him or her any reversal of
the burden of proof or any onus of rebuttal.
Requesting for speedy trail becomes futile exercise.
Now the matter of removal of Judges
unceremoniously is a very serious thing. It can only

10.
be done in the case of proven misconduct or
incapacity and by the signed order of the President
of India.
the particular law impugned and how it is not
constitutionally valid and whether it is a State Law,
Central Law or State and Central Law:VII sechedule
and constitution 246.
Whether any alternative remedy for the relief sought
is provided for by or under any other law for the time
being in force, and whether that remedy has been
availed of and if so, with what result, by way of a
separate paragraph: constitution 256.
Whether the petitioner had or had not already filed a
writ petition in the High Court or instituted any suit or
other legal proceedings in any Court of Law or
Tribunal either for the same or substantially the
same relief on a previous occasion and if he had
done so, the particulars of the petition, suit or other
proceedings and the result thereof shall also be
mentioned in the affidavit, by way of a separate
paragraph.
In the Indian situation human being after getting power
acting like animals existence to gain their motives officially
with the political power in democratic polity, and the court
system supporting them to legalize police atrocities on this
platform.
1. politicians trying to control the citizens with the following
malafide acts.

11.
a)by utilising police as their human tools to murder the
citizens those who question the procedure established by
the law.
b)politicians donot know the constitution and law of the
land.
c)v. (1979 Cr.L.J. 1477)). Such an amendment would also
go to ensure that the time, place and circumstances of the
arrest of an accused are also properly recorded and
reflected by such record, which is indeed a statutory
record. ascertained during the investigation which
obviously relate to statements recorded by the officer in
terms of section 161 and other relevant material gathered
during the investigation. In view of this state of affairs, the
Supreme Court suggested a legislative change to rectify
this confusion and vagueness in the matter of
maintainance of diary under section 172. It is therefore
appropriate that section 172 be amended appropriately
indicating the manner in which the diary under section 172
is to be maintained, its contents and the manner in which
its contents are communicated to the court and the
superior officers, if any. The significance of the case diary
has in its relevance as a safeguard against unfairness of
police investigation. (See this decision of the Delhi High
Court in Ashok Kumar. with the thought articulated by Shri
Justice M.N. Venkatachaliah, the then Chairperson of
N.H.R.C. that “power to stop, search, arrest and
interrogate are exercised against a person who may turn
out ultimately to be innocent, law-abiding citizen. Arrest
has a diminishing and demoralizing effect on his
personality. He is outraged, alienated and becomes
hostile. But then a balance has to be struck between the

12.
security of the State (and the societal interest in peace
and law and order) on one hand and the individual
freedom on the other.
The complainant do not have jurisdiction to make a
complaint under MSCS Act 1984 against me.
The Union List or List-I is a list of 100 items (the last item is
numbered 97) given in Seventh Schedule in the Constitution of
India on which Parliament has exclusive power to legislate. The
legislative section is divided into three lists: Union List, State
List and Concurrent List. Unlike the federal governments of the
United States, Switzerland or Australia, residual powers remain
with the Union Government, as with the Canadian federal
government.[1]
80. Extension of the powers and jurisdiction of members of a
police force belongingto any State to any area outside that
State, but not so as to enable the police of one State to exercise
powers and jurisdictionin any area outside that State without
the consent of the Government of the State in which such area
is situated; extension of the powers and jurisdictionof
members of a police force belonging to any State to railway
areas outside that State. 95. Jurisdiction and powers of all
courts, except the Supreme Court, with respect to any of the
matters in this List admiraltyjurisdiction.

13.
Chief JusticeSupreme Court is also empowered by the
constitution to repeal the unconstitutional activities of
parliament and executive only after a fair trial. Can intervene or
nullify the unlawful actions of union/state governments and
unconstitutional laws enacted by the Parliament or a state
legislative after presidential assent only. Chief justice/Judges of
Supreme Court are also immune from punishment for not
delivering correct judgments or for their incompetence and mala
fides. However, Judges verdict can be repealed by a higher level
bench of other judges.
Important presidential interventions in the past In the late
1990s, President K. R. Narayanan introduced explaining to the
nation (by means of Rashtrapati Bhavan communiqués), the
thinking that led to the various decisions he took while
exercising his discretionary powers; this has led to openness and
transparency in the functioning of the President.
The President's role as defender of the Constitution and the
powers as Head of State, especially in relation to those exercised
by the Prime Minister as leader of the government, have
changed over time. In particular, Presidents have made a number
of interventions into government and lawmaking, which have
established and challenged some conventions concerning
Presidential intervention.
India has adopted a federal constitution with distribution of
powers between center and the states. An independent
judiciary is the essence of the federal character of the
constitution. It is imperative that the judiciary be impartial
and independent of the legislative and executive branches
of the country to ensure the functioning of the government

14.
in accordance with the constitution. The supreme court,
being the guardian of the constitution, ensures that the
fundamental rights of the citizens are not violated. To let
the judiciary fulfill this big responsibility efficiently, the
constitution has provided several measures that ensure
the independence of the judiciary. However, owing to the
nature of Indian politics, there have been several attempts
by the govt. to extend its supremacy over the judiciary and
to reduce its independence. To understand the dynamics
between the govt. and the judiciary, we need to look at the
provisions present in the constitution. Judiciary at lower
level must have knowledge on constitution and
established law of the land while entertains cases instead
of blind acceptance for breeding promotions or something
,something.
Each High Court has power to issue to any
person within its jurisdiction directions,
orders, or writs including writs which are in
the nature of habeas corpus, mandamus,
prohibition, quo warrantor and certiorari for
enforcement of Fundamental Rights and for
any other purpose. This power may also be
exercised by any High Court exercising
jurisdiction in relation to territories within
which the cause of action, wholly or in part,
arises for exercise of such power,
notwithstanding that the seat of such
Government or authority or residence of such
person is not within those territories.

15.
Each High Court has powers of
superintendence over all Courts within its
jurisdiction. It can call for returns from such
Courts, make and issue general rules and
prescribe forms to regulate their practice and
proceedings and determine the manner and
form in which book entries and accounts shall
be kept.
How a Case Moves Through the Court System;
In the case outlines that follow, each party is represented by
an attorney. But this often is not the case, especially in
limited jurisdiction courts. People may represent themselves
in court without an attorney as long as they follow court
rules. They often are called pro per, pro se, or self-
represented litigants.
Accountability of Public Authorities:
When the Court, at any stage of the proceedings, finds that a
public authority had been unreasonable in dealing with or
settling the claim of any party in a writ, the Court shall
record such conduct of the public authority in order to
enable the appropriate authority to initiate suitable action
against such public authority. The Court shall also impose
costs on such public authority and shall make the officer
personally responsible for such costs. Attention is
also invited to Paragraph 1 of Chapter XXI
of the Criminal Mannual,1980, which permits
a party to apply for certified copies by
post.
In India, the meaning of rule of law has been much

16.
expanded. It is regarded as a part of the basic structure of
the Constitution and, therefore, it cannot be abrogated or
destroyed even by Parliament. The ideals of constitution;
liberty, equality and fraternity have been enshrined in the
preamble. Constitution makes the supreme law of the land
and every law enacted should be in conformity to it. Any
violation makes the law ultra vires.., question before the
court was ‘whether there was any rule of law in India apart
from Article 21’. This was in context of suspension of
enforcement of Articles 14, 21 and 22 during the
proclamation of an emergency. The answer of the majority
of the bench was in negative for the question of law.
However Justice H.R. Khanna dissented from the majority
opinion and observed that “Even in absence of Article 21 in
the Constitution, the state has got no power to deprive a
person of his life and liberty without the authority of law.
Without such sanctity of life and liberty, the distinction
between a lawless society and one governed by laws would
cease to have any meaning…”
Applied to the powers of the government, this requires that
every government authority which does some act which
would otherwise be a wrong (such as taking a man’s land),
or which infringes a man’s liberty (as by refusing him
planning permission), must be able to justify its action as
authorized by law -and in nearly every case this will mean
authorized directly or indirectly by Act of Parliament.

17.
The secondary meaning of rule of law is that the government
should be conducted within a framework of recognized rules
and principles which restrict discretionary powers. The
Supreme Court observed in Som Raj v. State of Haryana
that the absence of arbitrary power is the primary postulate
of Rule of Law upon which the whole constitutional edifice is
dependant. Discretion being exercised without any rule is a
concept which is antithesis of the concept.
The third meaning of rule of law highlights the
independence of the judiciary and the supremacy of courts.
It is rightly reiterated by the Supreme Court in the case
Union of India v. Raghubir Singh that it is not a matter of
doubt that a considerable degree that governs the lives of the
people and regulates the State functions flows from the
decision of the superior courts.
Although, complete absence of discretionary powers, or
absence of inequality are not possible in this administrative
age, yet the concept of rule of law has been developed and is
prevalent in common law countries such as India. The rule
of law has provided a sort of touchstone to judge and test the
administrative law prevailing in the country at a given time.
Rule of law, traditionally denotes the absence of arbitrary
powers, and hence one can denounce the increase of
arbitrary or discretionary powers of the administration and
advocate controlling it through procedures and other means.
Rule of law for that matter is also associated with supremacy

18.
of courts. Therefore, in the ultimate analysis, courts should
have the power to control the administrative action and any
overt diminution of that power is to be criticized. The
principle implicit in the rule of law that the executive must
act under the law and not by its own fiat is still a cardinal
principle of the common law system, which is being followed
by India . In the common law system the executive is
regarded as not having any inherent powers of its own, but
all its powers flow and emanate from the law. It is one of the
vital principles playing an important role in democratic
countries like India. There is a thin line between judicial
review and judicial activism. Rule of law serves as the basis
of judicial review of administrative action. The judiciary
sees to it that the executive keeps itself within the limits of
law and does not overstep the same. Thus, judicial activism
is kept into check. However there are instances in India
where judiciary has tried to infringe upon the territory of
the executive and the legislature. A recent example of this
would be the present reservation scenario for the other
backward classes. The judiciary propagated that the creamy
layer should be excluded from the benefits of the reservation
policy, whereas the legislature and the executive were
against it. No person shall be deprived of his life or personal
liberties except according to procedure established by law or
of his property save by authority of law. The government
officials and the government itself is not above the law. In
India the concept is that of equality before the law and equal

19.
protection of laws. Any legal wrong committed by any
person would be punished in a similar pattern. The law
adjudicated in the ordinary courts of law applies to all the
people with equal force and abidingness. In public service
also the doctrine of equality is accepted. The suits for breach
of contract etc against the state government officials, public
servants can be filed in the ordinary courts of law by the
public.
In Kesavanda Bharti vs. State of Kerala (1973) - The
Supreme Court enunciated the rule of law as one of the most
important aspects of the doctrine of basic structure. In
Menaka Gandhi vs. Union of India - The Supreme Court
declared that Article 14 strikes against arbitrariness. In
Indira Gandhi Nehru vs. Raj Narayan - Article 329-A was
inserted in the Constitution under 39th amendment, which
provided certain immunities to the electionof office of Prime
Minister from judicial review. The Supreme Court declared
Article 329-A as invalid since it abridges the basic structure
of the Constitution.
Humbly submit that I am a State Govt. Employee put up
34years 8months clean service as State Govt. Nouker in the
Department it can be seen from my S.R.But fortunately
Honorable CBCID Officers have made arrest on my duty as
Auditor ,And My Commissioner for Cooperation and
Registrar of Cooperative Societies A.P. Hyderabad has
bluntly rejected the action of the CBCID and also State

20.
Government.., causing GRAVE IN JUSTICE CAUSED BY
INVOKING UNLAWFUL ACTS OF AP. STATE
REPRESENTED THROUGH ITS POLICE CBCID by
misutilising the powers and law of the land or can say
constabulary law e.g. constitution and A.P C.S. Act ,
M.S.C.S Act and I.P.C. Crpc ,Coop. Audit Manual, 1872
Evidence Act. and not recognizing me as Govt. Servant by
honorable court thereby abusing the process of law of the
land. A.P. Depositors Act 1999 with malafide intension ,
misutilizing the powers with motives to stop the pensioner
benefits, pay fixation , seniority etc; to B.SUBRAMANYAM
Senior INSPECTOR OF C.S. /AUDITOR OF C.S.
PRESENTLY ASSISTANT REGISTRAR OF CS
(Retired)% District Cooperative Office Hyderabad (Urban )
Dist. and also police harassment those are cognizable
offence under law of the land, and also human rights,
executive decisions, govt. of A.P. decisions thrown into
dustbin by the C.B.C.I.D, police with their malnutrated
intension to play role of harassment causing mental agony
as state Govt. Servant, citizen ship, Fundamental Rights
derivate in Part III of the constitution of India , executive
job rendered by me and also all the executive in INDIA
WHERE THE COURTS OF JUSTICE WILL NOT
INTERFER IN TECHNICAL ,ECONAMIC EXPERTISE
MATTERS, and abuse of the process of law . There by
Shield the constitution 13, 14 ,15, 19 ,226, APCSACT 128,
129-A 1964, MSCS Act 1984, CRPC 197. Govt. servant
Rights, Citizen Rights and Human Rights declaration 61
points, Derivate the law of the land. And planners behind
the seen have to pay Rs 100 crores compensation for the
wrongs.

21.
The Gaming of law is that Audit period is 2000-2001 (Final
Audit ) and submitted report on 27-9-2001. Asper direction
of R.B.Ii.e. 30-9-.
Complainant made complaint on 25-2-2002(Cause of action)
which is not disclosing the audit or wrongs only RBI
inspection ( period not disclosed) report action is to be taken,
as made complainant in his compliant. .and the complainant
do not have jurisdiction to make complaint as per MSCS
ACT 1984.
Respondent No.1(A.P.CBCID) furnished the false
information as part of charge sheet before the court U/s409,
420.120B and AP depositors protection Act 1999.
Since last 14 years honorable court or all India CBCID
Officers(it is the version of cbcid DSP in the open court hall
before the judge on 5-6-2002 i.e. date of arrest) fixing the
charges or trail started. Making fool to me and law of the
land. The CBCID Officers are over and above the Constitution
of my India and law of the land. Balance is the emblem ,if it
go to police side/govt.side, the jury can be suspected and
people of the nation can question the antecedents.
The case is to be registered by the Mandi house police station
New Delhi, it is jurisdictionof the MultistateState Coop.
Societies Registrar /Joint Secretary to Government of India
0ffice located., As per MSCS Act 1984.

22.
Hence Ringing the Bell of Your Lordship for Justice., as
being executive head of this India.
Contemporary Examples“kleptocracy”.
Indeed, a condition of rampant, endemic political corruption is
known as a “kleptocracy”—literally, “rule by thieves.” "rule by
a class of thieves," 1819, originallyin reference to Spain; see
kleptomania + -cracy. It is widely understood that corruption is a
pervasive problem in many societies and undermines public
confidence in the political system and government institutions.
The scourge of corruption is generally viewed as a symptom of a
larger problem of the failure of judicial, media, and other
institutions of accountability in new or developing democracies.
In kleptocracies, which is the term used to designate
“government by thieves,” corruption is the lifeblood of the
system and therefore the heart of the problem.
Kleptocracies are generally associated with dictatorships,
oligarchies, military juntas, or other forms of autocratic and
nepotist governments in which external oversight is impossible
or does not exist. This lack of oversight can be caused or
exacerbated by the ability of the kleptocratic officials to control
both the supply of public funds and the means of disbursal for
those funds. Kleptocratic rulers often treat their country's
treasury as a source of personal wealth, spending funds on
luxury goods and extravagances as they see fit. Many
kleptocratic rulers secretly transfer public funds into hidden
personal numbered bank accounts in foreign countries to provide
for themselves if removed from power.

23.
Kleptocracy is most common in developing countries whose
economies are based on the export of natural resources. Such
export incomes constitute a form of economic rent and are easier
to siphon off without causing the income to decrease.
A specific case of kleptocracy is Raubwirtschaft, German for
"plunder economy" or "rapine economy", where the whole
economy of the state is based on robbery, looting and plundering
the conquered territories. Such states are either in continuous
warfare with their neighbours or they simply milk up their
subjects as long as they have any taxable assets. Such rapine-
based economies were commonplace in the past before the rise
of Capitalism. Arnold Toynbee has claimed the Roman Empire
was basically a Raubwirtschaft.
Effects
The effects of a kleptocratic regime or government on a nation
are typically adverse in regards to the welfare of the state's
economy, political affairs and civil rights. Kleptocratic
governance typically ruins prospects of foreign investment and
drastically weakens the domestic market and cross-border trade.
As kleptocracies often embezzle money from their citizens by
misusing funds derived from tax payments, or engage heavily in
money laundering schemes, they tend to heavily degrade quality
of life for citizens.[citation needed]
In addition, the money that kleptocrats steal is diverted from
funds projects and earmarked for public amenities such as the
building of hospitals, schools, roads, parks – having further
adverse effects on the quality of life of citizens. The informal
oligarchy that results from a kleptocratic elite subverts

24.
democracy (or any other political format)Stage Hands: How Western
Enablers Facilitate Kleptocracts,Oliver Bullough explains the three-stage process by which
kleptocrats hide, transfer and legitimize their stolen wealth.
It is widely understood
that corruption is a pervasive problem in many societies and
undermines public confidence in the political system and
government institutions. The scourge of corruption is generally
viewed as a symptom of a larger problem of the failure of
judicial, media, and other institutions of accountability in new or
developing democracies. In kleptocracies, which is the term
used to designate “government by thieves,” corruption is the
lifeblood of the system and therefore the heart of the
problem. See,
Federal Judiciary Oaths.
In the United States, federal judges are required to take two
oaths. The first oath is this:
I, (name), do solemnly swear (or affirm) that I will administer
justice without respect to persons, and do equal right to the poor
and to the rich, and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as
(office) under the Constitution and laws of the United States.
[So help me God.][71]
The second is the same oath that members of Congress take:
I, (name), do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and

25.
faithfully discharge the duties of the office on which I am about
to enter. [So help me God.]
Federal statute specifically says that the latter oath "does
not affect other oaths required by law."
The constitution of the Republic of India
(Articles53, 74(2), 79 & 111) gave the President the
responsibility and authority to defend and protect the
constitution of India and its rule of law.[10]
Invariably, any action taken by the executive or
legislature entities of the constitution shall become
law only after President's assent. The president shall
not accept any actions of the executive or legislature
which are unconstitutional. The president is the
foremost, most empowered and prompt defender of
the constitution (article 60), who has pre-emptive
power for ensuring constitutionality in the actions of
the executive or legislature. The role of the judiciary
in upholding the constitution of India is the second
line of defence in nullifying any unconstitutional
actions of the executive and legislative entities of the
Indian Union.
United States Uniformed Services Oath of Office.America.

26.
State and Local Oaths
The oaths of state and local officials are largely patterned on the
federal oath of constitutional allegiance. Typical would be the
oath taken by all New York government officials:
I solemnly swear (or affirm) that I will support the Constitution
of the United States, and the Constitution of the State of New
York, (and the Charter of the City of New York, e.g.), and that I
will faithfully discharge the duties of the office of (mayor of the
City of New York, e.g.) to the best of my ability.
(So help me God is traditionally added.)
Tennessee (county offices)
All elected county officials and the appointed officers such as
clerk and master, and deputies to these officers, are required to
take an oath of office which actually consists of two oaths: the
constitutional oath, and an oath for the particular office or
fidelity oath (Tenn. Const. Art. X,Sec. 1). The following is
combination fidelity and constitutional oath:
I do solemnly swear that I will perform with fidelity the duties
of the office to which I have been elected, and which I am about
to assume. I do solemnly swear to support the constitutions of
Tennessee and the United States and to faithfully perform the
duties of the office of ____________ for ____________ County
, Tennessee.[74]
The simple constitutional oath and fidelity oath are taken by
persons who do not have a more specific oath prescribed by law
(T.C.A. § 8-18-111). This basic oath is used upon entering the

27.
following offices: County Executive/Mayor County Clerk (or
deputy county clerk by substituting the word "appointed" for
"elected") County Register (or deputy register by substituting
the word "appointed" for "elected") Chief administrative officer
of the county highway department
County commissioners may use the same basic oath as noted
above, but phrased as follows:
I do solemnly swear that I will perform with fidelity the duties
of the office to which I have been elected, and which I am about
to assume. I do solemnly swear to support
the constitutions of Tennessee and the United States and to
faithfully perform the duties of the office of county
commissioner representing the ____________ district of
____________ County , Tennessee.[74]
Clerks of court, deputy clerks of court, sheriffs, deputy sheriffs,
assessors of property and deputy assessors, constables with
law enforcement powers, constables without law enforcement
powers, general sessions court judges, and school board
members in Tennessee all have specific variationsof their oaths
of office.
ETHICS AND CODES OF CONDUCT AS TOOLS FOR
PROMOTING AN ETHICAL AND PROFESSIONAL PUBLIC SERVICE:
OATHS ACT 1969 .And Articles 75(4), 99,
124(6), 148(2), 164(3), 188 and 219.

28.
In this context I humbly request honorable president of
India direct to all concerned, The oaths of Central/state and
local officials are largely patterned on the federal oath of
constitutional allegiance officials(Gazetted and non Gazetted
and the appointed officers such as clerk and master, and deputies
to these officers, are required to take an oath of office which
actually consists of two oaths: the constitutional oath, and an
oath for the particular office or fidelity oath I do solemnly swear
that I will perform with fidelity the duties of the office to which
I have been appointed, and which I am about to assume. I do
solemnly swear to support the constitution and state laws to
faithfully perform the duties of the office of ____________ for
____________,
The simple constitutionaloath and fidelity oath are taken by
persons who do not have a more specific oath prescribed by
law Thisbasic oath is used upon entering the following offices:
Executive/ Clerk by substituting the word "appointed"for "by
the department.Clerks of court, deputy clerks of court, sheriffs,
deputy sheriffs, assessors of property and deputy assessors,
constables with law enforcement powers, constables without
law enforcement powers, general sessions court judges, all
have specific variationsof their oaths of office.

29.
Petition ,Brief case history.,
Already centuries ago in the Chinese Empire was used one
way which anyone could communicate with Emperor. This
method has gradually spread throughout the world and so
we can find the word "petition" in our dictionary today.
Petition worked as a link between emperor and his empire.
It did not matter if petition was wrote by a simple peasant,
scholar, or wealthy burgher. More important was content,
because the validity and importance of the problem to which
warned decide whether the petition gets to the ears of the
emperor. And it is no wonder that the petitions were heard
by especially those that pointed to corruption and
wickedness in government and among local officials. In
modern times, the importance of petitions is different
because of different forms of governments that recognize the
individual states. The greatest weight has, of course, where is
enshrined democracy and human voice means something. It
is therefore not surprising that the bastion of the petition
include America, but also some European countries.
What was in fact does not change, the petition itself. Always
contains the communication, requirement, or problem. The
petition is writen by author, sometimes more, he or they
representing her and allows everyone who agrees with her

30.
that was signed by this agreement. And of course, the
number of signatures shows that this is the opinion of the
people, specific groups or disgruntled individuals. But
always speaks of one's discontent and therefore the
representatives of the State to address it, because in a
democratic society everyone has the same rights and
everyone must be well thought of.
So it does not matter who wrote the petition if you agree
with he/ her .
The complainant is Sri. S. Bhale Rao, I.A.S. Principal Secretary
to Govt. (Agril. Coopn.) Registrar of Cooperative Societies
(F.A.C) A.P. Hyderabad lr. Rc.No. 23260/UB Dated; 25-2-2002
in which it is specificallymentioned that irregularities pointed
out by R.BI inspection report through made investigation be
conducted and cases booked against the guilty and also
disclosed the names of the Board of directors and M.D of the
bank The CBCID officershave made investigation against the
Cooperative Auditors instead of Administrative side those are
responsible for collapse the bank and the R.B.I officers who
have looked in to the administration of the bank every day.
The Coop. Department Auditors will enter in to bank after
closer of the transaction for the year ended with. 31-3- of
every year and technically liable for procedure described by
the department. Coop. Audit manual, circularsetc; and the
department auditors will enter into the bank after 13 to 14
months of the closer of the transaction of the bank. Hence the

31.
probable cause started when the police obstructed the Govt,
servant duties and arrest, framingof charges tantamount to
police atrocities, police forced law, police gaming since 1860
in India and offended with cruelty of the police, submitting
Petition FOR GRAVE IN JUSTICE CAUSED BY INVOKING
UNLAWFUL ACTS OF earest while AP. STATE CBCID Officers
started with. “There are three standards of proof: “a
preponderance”, “clear and convincing” and “beyond a
reasonable doubt”. The middle course, in our opinion,
makes a proper balance between the rights of the accused on
one hand and public interest and rights of the victim on the
other. This standard is just, fair and reasonable. Safety lies
in the fact that the accused is assisted by a lawyer and the
Judge is required to give reasons for his findings. This will
promote public confidence and contribute to better quality
of justice to victims.” Sri. Beemsen Vs J&K case honorable
supreme court of India ordered for compensation of one
crore.
Police duties in cc 6 of 2002.
• Gathering Evidence ;-. What is police duties in India. Law
functionary must act on Law instead of saluting to the
Masters. They have got power to impose Eight degrees and
the two are managing the P.P. in the court hall and in the
chamber with something, so P.P. will certainly go to police
side, and Managing the judge with something ie. Getting
promotion , and indirect bribing( sri. Janardhan reddy

32.
case is best example that CBI Trapped the Judge.) 1861
police Act , police Manuel ,Constitution article 311.
Example.; Brutality., well planned to discard my financial
position that is stop Salary allowances other benefits since
2002 onwards , pension, sonority, pay fixation, leave salary,
Haftha Mamool, Manipulating evidence , Delay tactics ,
Managing the court with tricks , MSJ court to transfer case
to Ist addl. Msj court, Supreme court refused to entertain
the case because of not giving notice to the accused ,gaming
of law, Harassment, WWW.No consultation with the
department, overriding the executive decision, overriding
the government decision, speedy trail , No charges fixed till
date etc.; This can be proved in the trial court , or before
your honesty being a Judiciary Head of this India. When a
crime occurs, police are called to the scene to begin the
investigation. They survey the area and surrounding
environs to get a sense of what occurred., and also meet the
CC and RCS AP Hyderabad for obtaining evidences. Police
investigators begin to collect any objects or articles that may
be relevant to the crime. These include finger prints, blood
evidence and other samples of bodily fluids that contain
DNA. They use their experience and instincts to determine
which items are significant and make sure that collected
evidence is properly packaged so it is not contaminated.
Police investigators make sure that any forensic evidence
that requires processing is sent to the lab and stay in contact
with forensic scientists and technicians until results are

33.
available. The final Audit for the year 2000-2001 conducted
i.e. period of audit is 2000-2001 from 1-4-2000 to 31-3-2001
transaction will be examined by the auditors on posting
under F.R. 127, Fundamental Rules of the state and central
governments, deputation terms and conditions described .
CRPC197, APCSACT 1964, MSCSACT 1984, Banking
Regulation Act 1949,Limitation act 1963, Evidence Act 1872
,Crpc,IPC, Etc;
Interviewing Witnesses;
Interviewing witnesses is a crucial element of police
investigative procedure. Investigators typically begin by
interviewing witnesses who are at the scene to determine if
they saw the crime in progress or can provide other
information that may lead to possible suspects. Investigators
then speak with the victims, the victims' family, friends, co-
workers and neighbors to uncover information pertinent to
the investigation. They may also go door-to-door in the
surrounding neighborhood to see if anyone observed
suspicious activity or persons in the days preceding the
crime that may shed light on the investigation.
On issue of Memo of the senior team Leader, Conducted
vouching from 30-4-2001 to 27-9-2001 of the branches of the
bank (8) (22braches ) and submitted fortnightly tour diaries
and working sheets to the DCAO Hyd(U) dist for final
disposal of accounts of the bank took place to give financial
and administrative status position of the bank with previous

34.
audit report balance sheet transaction that is + or – figures
arrived and defects, if any, to the officer concerned and will
test audit random check will be taken by the audit officer
and after satisfaction will submit to the chief auditor of the
commissioner office and in chief auditor office will again
examine with previous audit report on the status of the
bank, position and after final arrival concluding the overall
position of the bank will issue final audit certificate
prescribed under law in APCS ACT sec 50 or report the
factual position to the central registrar under multistate
coop. societies act 1984and getting confirmation will issue
audit certificate. In this context it is to submit that While
posting me in the bank as Auditor, the Charminar Coop.
Urban Bank is in APCS Act but after the Bank was
converted to MSCS(Multi state Cooperative Societies) Act
by Shri k.s.Bhoria Joint Secretary to Government of India
and Central Registrar of Coop. Societies Department of
Agriculture and cooperation Certification of Registration
No. L-11016/2/2001-L&M Dated;-6-7-2001 Under Section 9
of the Multi state Cooperative Societies Act 1984(5) of 1984
with the Registration of the Amendment to byelaw ,the area
of operation of the society shall be confined to the limits of
twin cities of Hyderabad and Secundrabad Nizambad and
Mahabboob Nagar Districts of Andhra Pradesh and
Municipal limits of Mumbai ,Maharastra State there by
rendering it as Multi State Cooperative Society, as per
Section 18 (5)(b)of the Multi State Cooperative Societies Act,

35.
1984the Society is Assigned new registration number
MSCS/CR/130/2001 this was intentionally hidden by the
prosecution. The gospel truth of police supporting by their
masters.6-7-2001 to 9-11-2002 in MSCS Act 1984.
Record Examination.
Police investigators also use records and other stored
information to investigate cases. They check if a suspect has
a prior police record that relates to the current case. Police
investigators also use car records to track suspicious vehicles
that were in the vicinity of a crime and study property
records to determine if other locations should be searched
for evidence. They study the victims' and suspects' financial
records to uncover a possible motive for a crime. CRPC197,
APCSACT 1964, MSCSACT 1984, Banking Regulation Act
1949,Limitation act 1963, Crpc,IPC, Etc;Made Search in my
rental house. And arrived that how your are working in the
department since last 25 years without bribe or handful of
articles ,lands Residing in a Rented house etc; I said Iam not
a beggar.
interrogating Suspects.
Once police investigators identify a suspect, they interrogate
the subject in the hopes of eliciting a confession.
Interrogation requires a great deal of skill, but investigators
must also have sharp instincts and be able to read suspects.
Police investigators usually begin by trying to establish a

36.
rapport with the suspect, so a sense of trust is developed.
They observe the subject for any displays of body language
that reveal deception or guilt. When investigators believe
that a suspect is close to a confession, they may become more
aggressive. In some cases, police investigators bluff about the
evidence that they have gathered to make a suspect more
willing to confess. They have asked about my basic pay of
RS 9300/- and the judge and DSP compared to their basic
pay of RS 8000/- 1861 police Act , police Manual
,Constitution article 12,13,14,15,21,22,19, 226 Cause of
action 25-2-2002 this fact informed to my CC& RCS AP
HYD, after knowing the game of law to set right the wrong,
planned to re -registrar in APCS Act 1964 on 9-11-2002 by
numbering 1/ubs 2002 dated 9-11-2002 within a day.
G.O.M.S. No436A&C (Coop.-III) Department Dated;-9-11-
2002.Revarsal and Registration under APCSAct 1964 And
withdrawn my deputation post on 18-11-2001 itself.And till
date Audit Certificate was not issued by the Chief Auditor of
C.S.under sec.50 of the APCS Act 1964. who is competent
authority and the CC& RCS declared that the Audit
conducted by the auditors is a preliminary report and there
is no sanctity or statute. The Principal Secretary to Govt
andCC& RCS (FAC) is also not competent to make a
complaint as per law , as the Central Registrar has not
delegated powers to State Registrar. The gospel truth of
police supporting by their masters.( All are not like Sri
LaxminarayaGaru IG on deputing to CBI) I have also

37.
requested CBI for take-up the case but refused. The police
can sale the country land ,people etc for WWWs to others if
My supreme court will not control the lower courts in India.
Completion of Investigation.
As soon as investigation is complete, according to Sec
173 (2) of Cr. P.C, the Officer –In – Charge of the Police
Station shall forward to a Magistrate empowered to take
cognizance of the offence on a Police Report, a Report in
the form prescribed by the concerned Sate Government. ,
and further investigation report, if any. However, the
Report should contain accompaniments which are
required to be submitted under Sec 173(5) Cr.P.C,
(Matchumari Venkatarreddy V. State of Andhra Pradesh,
1994 Cri L J 257).
Cognizance and Dismissal of a Complaint or Discharge of
the acussed.
On receipt of a Police Report, the Magistrate may (must)
take cognizance, and shall decide, as per Sec 190(1) (b)
Cr. P.C, or proceed as per alternatives available with him
under Cr.P.C. If there is no sufficient ground for
proceeding, Magistrate shall dismiss the complaint, as per
Sec 203 of Cr.P.C, and shall briefly record his reasoning.
Whereas in charge-sheeted case, upon consideration of
the record of the cases and the documents submitted, and
after submission of the accused and by the prosecution, if
the judge consider that there is no sufficient ground for
proceeding, judge can discharge the accused u/s 227 of
Cr. P.C; or to proceed for framing charges as pr Sec 228
Cr. P.C.In State of Bihar v. P.P. Sharma, 1992 (I) SCC
222: (1991 AIR SCW 1034), Supreme Court had ruled that

38.
writ petition should not be entertained against charge-
sheet while exercising jurisdiction. If the matter is
considered on merits in the guise of prima facie evidence,
it would amount to a pre-trial. To the same effect are the
following rulings:
WHAT IS A JUDICIAL FUNCTION.A judicial function by
any authority presupposes an existing dispute between two
or more parties, and it has four requisites:
(1) The presentation (not necessarily oral) of their case by
both parties to the dispute;
(2) If the dispute is a question of fact, the authority must
ascertain the fact by means of evidence produced by the
parties, with the assistance of argument by (or on behalf of)
the parties based on such evidence;
3) If the dispute between them is a question of law, the
submission of legal argument by the parties;
(4) A decision which disposes of the whole matter by finding
upon the facts in dispute and ‘an application of the law of
the land to the facts found, including, where required, a
ruling upon any disputed question of law.’
Where the above four elements are present, the decision is a
judicial decision even though it might have been made by
any authority other than a court, e.g. by Minister, Board,
Executive Authority, Administrative Officer or
Administrative Tribunal. discretion) which are unknown to

39.
an ordinary court of law. The Maha High court observed
that;- There are many authorities in India and in each state,
where the complainant can himself file the complaint
without the aid of a lawyer. They are not courts. The orders
of these bodies are typically passed in a shorter time as
compared to the judiciary, i.e. the courts. If people are not
satisfied, the aggrieved parties can appeal in High Courts.
We need to know what their lawful powers are while
conducting hearings, following various procedures for
ascertaining facts and giving orders. (As I live in Mumbai
and work with a focus on Maharashtra, readers may find
that there is extra emphasis on Maharashtra. However, these
points are relevant to all states of India.)
Fair and objective criticism of courts will not amount to
contempt.Constitution Art 129. The Supreme Court in
Madhavrao Jiwajirao Scindia & Others v. Sambhajirao
Chandrojirao Angre & Others (1988) 1 SCC 692 observed
in as under:
“The legal position is well settled that when a prosecution
at the initial stage is asked to be quashed, the test to be
applied by the court is as to whether the uncontroverted
allegations as made prima facie establish the offence. It is
also for the court to take into consideration any special
features which appear in a particular case to consider
whether it is expedient and in the interest of justice to
permit a prosecution to continue. This is so on the basis
that the court cannot be utilized for any oblique purpose
and where in the opinion of the court chances of an

40.
ultimate conviction is bleak and, therefore, no useful
purpose is likely to be served by allowing a criminal
prosecution to continue, the court may while taking into
consideration the special facts of a case also quash the
proceeding even though it may be at a preliminary stage”.
Dr. Subramaniam Swamy vs. Director, CBI & Ors., are
also relevant”.
The sum and substance of these orders is that the CBI
and other Governmental agencies had not carried out their
public duty to investigate the offences disclosed; that none
stands above the law so that an alleged offence by him is
not required to be investigated; that we would monitor the
investigations, in the sense that we would do what we
permissibly could to see that the sense that we would do
what we permissibly could to see that the investigations
progressed while yet ensuring that we did not direct or
channel those investigations or in any other manner
prejudice the right of those who might be accused to a full
and fair trial. We made it clear that the task of the
monitoring court would and the moment a charge-sheet
was filed in respect of a particular investigation and that
the ordinary processes of the law would then take over.
Having regard to the direction in which the investigations
were leading, we found it necessary to direct the CBI not
to report the progress of the investigations to the person
occupying the highest office in the political executive this
was done to eliminate any impression of bias or lack of
fairness or objectivity and to maintain the credibility of the
investigations. In short, the procedure adopted was of
"continuing mandamus."

41.
The "rights of man" enumerated in the English Bill of
Rights gradually were proclaimed beyond the boundaries
of England,notably in the American Declaration of
Independence of 1776 and in the French Declaration of
the Rights of Man in 1789.
Freedom of information legislation is important for
accountability and transparency. The Indian Right to
Information Act "has already engendered mass
movements in the country that is bringing the lethargic,
often corrupt bureaucracy to its knees and changing
power equations completely.The democratic system also
provides a way to replaceinefficient leaders and policies.
Thus, problems may continue longer and crises of all
kinds may be more common in autocracies.
Parliament States LAMP Laws of India.
JUDICIAL REVIEW IN THE INDIAN CONTEXT.The
Constitution of India contains specific provisions. under
Articles 32, 226 and 227 enabling the Supreme Court and
the High Courts to grant any writs named therein for the
enforcement of the fundamental rights or for any other
purpose. Indian Constitutions one of the few constitutions in
the world that had given the power of judicial review to the
higher courts by making specific provisions with so much of
clarity and in unambiguous and express terms. Even in the
written Constitution of the United States, where the power of
judicial review of both executive and legislative acts had
grown to disproportionate dimensions, there is no express
provision for the power of judicial review of the higher

42.
courts. When compared to England and the United States, in
India the growth and development of judicial review as a
formidable constitutional doctrine was a natural
consequence flowing from the written Constitution with
specific provisions of judicial review. In India the doctrine
has been accepted and approved as one of the basic features
of the Constitutional. How far the framers of the
Constitution have envisaged the scope and ambit of this
power, when they engraved it in the Constitution, is not
evident from the discussions and debate in the Constituent
Assembly. But, it has to be noted that the developments on
this line in the public law in U.S., that has already
established the institution of judicial review as a powerful
tool to control maladministration and abuse of public power,
must not have missed the attention of our constitution
makers, who had scanned the other constitutions of the
world to follow and included their better features in the
Indian Constitution. Therefore, it is hard to believe that the
Indian constitution makers did not envisage the possible
future reconvicts between judiciary and the other two limbs
of the State in growing pluralistic democracy like India. It is
surprising that when some other Articles which are
comparatively of lesser importance had attracted elaborate
debates anthem Constituent Assembly, Articles 226, 227 and
32 have drawn only very little attention in the debates
despite their vast potential for judicial supremacy over the
other two organs of the state in future. It may be presumed

43.
that the framers of the constitution have not either applied
their mind so deep as to forecast possible or eventual
conflicts between the judiciary and the other two organs of
the state, or that the constitution makers themselves wanted
and envisaged the judiciary to be the final arbiter of all
disputes of whatever nature arising in the Republic. It is
worthwhile to note the observation of the Parliamentary
Joint Committee in their report in this connection, But it
was further clarified by the Court”:Procedure established by
the law but not dueprocess.
But outside the limitations imposed on the legislative powers,
our Parliament and the State Legislatures are supreme in
their respective legislative fields and the Court has no
authority to question the wisdom or policy of the law duly
made by the appropriate Legislature. Our Constitution,
unlike the English Constitution, recognizes the Court’s
supremacy over the legislative authority, -but such
supremacy is a very limited one, for it is confined to the field
where the legislative power is circumscribed by limitations
put upon it by the Constitution itself. Within this restricted
field the Court may, on a scrutiny of the law made by the
Legislature, declare it void if it is found to have transgressed
the constitutional limitations. But judges are of the opinion
that if a accused request for look in to ,Acts and rules
passed by the legislature/constitutional articles he/they are
directing to go to Supreme court of India .Trial court is the

44.
first court to look after every provisions of the law of the
land to establish case against the accused it is a fundamental
duty of the judge but they utterly failed to discharge
functions of the public duty.
Law enforcement officers coming and Eating the public
money towards salaries and allowances and run away
from the seen without taking action on this particular case
and 14 years goneout, State and Central Govts silent
,who will bell the animal existance.Is there any chance to
punish the law enforcement officers or to salute their
action.
That means that any time you hire an Hyderabad lawyer,
he already is in a conflict of interest. He has to make the
judge happy first. And if the judge wants to make the
government happy, or make somebody else happy who is
paying a big bribe, then guess what? You are destroyed. It
doesn't matter what you paid the lawyer. He works for the
judge, first and foremost. So a totally unique factor in India
legal corruption at lower level(except SC Court) is the
amazingly dishonest profession of Indian lawyers, these
lawyers who "play the game" with judges and politicians
and police. It is a savage culture of legal fraud, where
lawyers work with judges to rob and terrify people,
especially minorities, but also foreigners, and above all
those who dare to question the system. People accused of
serious crimes have the "right" to a lawyer, but this may
mean only a crooked lawyer who is stage-managing the
victim to help the government and prosecutors. If the
lawyer does not help the government, he can be put out of
work and not "assigned" to any more cases, or treated

45.
badly the next time he is in a courtroom. This legal fraud is
the core of the danger to those who visit the state of AP. A
lawyer who is "representing" you in the AP whether the
government is paying him, or even if you are paying him
yourself, may just be a stooge who is helping the
prosecutors to put you in jail, even though you are
innocent. The judges of AP gave every accused criminal
the "right" to a lawyer, not because they cared about the
rights of the accused, but because it helps stage-manage
the victim, with a lawyer who has to do things the judge's
way. In , such government-appointed lawyers are the
means by which hundreds of thousands of poor people
are railroaded into prison. Some of these people were just
foreign tourists, in the wrong place at the wrong time, and
wound up rotting in an Hyderabad prison. Some lawyers
are fairly subtle about it, and their victims never realize the
lawyer has sold them out to the judge and the
government. Most Hyderabad court cases never go to
trial, never see a jury; it is the job of the victim's lawyer to
"sell the deal" that the judge has decided will happen, or
else. This is how people accept a "plea bargain" so they
accept going to jail, even though they are innocent,
instead of going to trial before a jury. Because of the
corruption of lawyers under the thumb of the judges,
there's a very fake and phony aspect of court proceedings
in AP. They are really fake "show trials" in many cases,
sometimes very obviously so, where both purported
"sides" of lawyers are actually working together for the
government, or for the big corporation or rich person that
is bribing the judge.Nearly all bribes are given to the
judges by lawyers; this is considered the safe way to bribe

46.
a judge. Bribery is rarely spoken about, just understood.
Rich people pay huge amounts of money to law firms with
connections, the lawyers walk around with a certain
amount of cash in their jacket, and they pass it to the
judges in their quiet moments together. It is mostly all cash
of course. Sometimes the bribery is blatantly obvious,
because of the other crimes that lawyers and judges
commit in broad daylight together. In the courtrooms you
can see the judges being extremely friendly to their rich
lawyer friends who pay big bribes.The judge may declare,
for example, that the evidence that proves you are
innocent or right, will not be allowed at the trial.. Most
cases are settled through some deal or extortion or
intimidation, before there is an actual trial. If there is a jury
trial, they tend to stack the jury with un-educated idiots
who will tend to believe whatever lies they are told by the
judge and the government. If you are trying to fight a rich
person in court, the judge might let the fancy lawyers for
the rich person say anything they want, while he tells you
to shut up as soon as you start talking. The judges have a
thousand ways to rig a legal proceeding, to benefit rich
people or the government.
It's no wonder so many innocent people go to prison. With
the fundamental brutality and harshness of life in AP
citizens are confused and fearful, and gullible to
propaganda. So, a jury in a courtroom, these people who
tend to be poorly educated, will tend to go along with any
lies presented by government prosecutors. In this
environment of fear, the feeling of safety for the jury,
comes from following the "strong" government in sending
various "suspected criminals" to jail.Yes, there are appeals

47.
courts, but these are just more judges, who are often
friends with the lower court judge who originally sold you
out. The appeals judges tend to go along with the lower
court judge, unless you have suddenly acquired some
politically powerful backing on your side.
today, reporters are little timid people who are afraid of
getting fired, and who almost never write a story on
government corruption, unless some other part of the
government is officially investigating or prosecuting. That
goes triple when judges or lawyers are involved. The
owners of the newspapers and television stations are
afraid of revenge by the judges if they have to go to court,
and the nervous little reporters who work for them
understand the rules of the game. If you look closely at a
modern newspaper or news magazine in the India, you will
see how almost all stories originate with the government
itself. When the media "investigates", they are usually just
adding more details on a situation already being targeted
by the government. Every news media and television
station in AP is swamped with people begging them to
report on stories, that they totally refuse to cover. The
reporters are too scared, and they know the stories
wouldn't get printed or broadcast even if they were writtenI
have send letters to the news papers, is the land of fear,
as regards the legal system and the culture of corruption.
Everyone involved with the Hyderabad legal system is
afraid, very afraid, of stepping on the wrong toes.
Even judges themselves get driven out of office, if they
don't participate in the bribery culture.In reality, there is
almost nothing you can do against misconduct, and even
open felony crime, committed against you by judges and

48.
lawyers. All of the official complaint procedures you find on
the internet, or at the courthouse or in the law books, turn
out to be a joke, a farce and a fraud.
Complaints about lawyers in , usually go to the "Bar",
which is itself run by the senior Advocates member judges
who are involved in bribery with the lawyers. And
complaints about judges go to other judges, their friends.
Nearly all the complaints about lawyers and judges - tens
of thousands of them - are kept secret. Nearly all are
dismissed or ignored. They are generally only used if the
judges or politicians want to specially destroy someone -
some radical minority lawyer, someone who is not playing
the bribery game, somebody who has dared to expose
wrongdoing. Otherwise, even criminal acts by lawyers and
judges get a smiling cover-up.
You will almost certainly not find any lawyers to help you
sue another lawyer for wrongdoing. They are too scared of
revenge by the judges. Even the lawyers who are broke
and unemployed and desperate for work, are too scared to
sue another lawyer. (Special caution: Lawyers may make
false promises to you about suing another lawyer, cash
your checks and steal your money, and then refuse to help
you. And then you will have another lawyer who wronged
you. The police and CBCID almost certainly will not help
you, either. They all know the bribery game, and they rely
on the same crooked judges to help send innocent people
to prison after they have been arrested. The more crooked
the judge, the more eager the judge will be, to help the
police or CBCID do a dirty deal and convict an innocent
person. And, of course, the newspapers and television
and media won't help you. They hear stories like yours all

49.
the time. If they publish or broadcast your story, then they
will have problems the next time they get sued in court. Or
they might find themselves arrested on false charges, and
end up in an even worse situation than you.human rights
and civil liberties groups, even though it looks, at first, like
there are many such groups on the internet. Many such
groups are just money-raising groups which don't help
victims, or are tied to the two or more main political parties
or some narrow agenda. They are all scared of the legal
system, too, and there is no one with any significant
funding or money, who is out there helping the victims of
legal corruption. They can't find lawyers to help them,
either. There are some overwhelmed and struggling
projects here and there, doing worthy work for a few of the
innocent people in prison, but they function in an
environment of timidity and fear, and without the resources
or clout or media access to expose or change what is
happening. It's getting worse and worse in AP all the time.
As the judges and lawyers can get away with committing
crimes, they are getting more open and blatant,
committing felony crimes in broad daylight, because they
know no one will stop them or bring them to account. It is
also important to know, that once you have started
complaining about, or exposing, judicial and legal
corruption in India, you become a kind of outlaw there.
You are in a very dangerous situation, and you are
considered fair game to be either arrested and jailed on
false charges, or to be totally robbed and betrayed
by lawyers. Once you have spoken out about legal
corruption, you may find that no other lawyer will then help
you for any reason, even if it is un-related to your

50.
complaint about judicial wrongdoing. You may be trapped
in a nightmare from which there is no escape unless you
can leave altogether.The reason is that judges absolutely
hate people who come to court without lawyers, especially
if they have any money at all. The judge takes it as a
personal insult if you are not giving some money to one of
his lawyer friends, and will tend to take revenge on you
unless you hire a lawyer, even a very stupid one, to stand
by your side.
What lawyers love to do, is to steal all your money, tell
you a bunch of false promises and lies, and then do
nothing for you, while they sell you out to the other side.
That is a perfect scenario for an lawyer. A lawyer's goal is
to squeeze as much money from you, while at the same
time doing as little as possible to rock the judge's political
boat. Some lawyers even make money by the "research
and review" scam, where they don't even agree to
represent you, but just steal your money to "research"
your case.It is just getting worse and worse in legal
system. For some years now, the judges and lawyers
have gotten used to denying people justice, to the great
flow of bribery money, and even to committing felony
crimes in broad daylight and getting away with it. It just
keeps on escalating. Though a social explosion is lurking
beneath the surface - with judges starting to get murdered,
and people lighting courthouses ablaze - the people who
run AP are letting the current system chug along as it is,
justice be damned, and to hell with the people who seem
to have no way to fight back.
It can't go on like this forever, but it may get a lot worse
first, despite the fair internet visibility on documented legal

51.
corruption. One should note a brave and promising grass-
roots attempt at judicial reform in,.1961 Advocates
Act,1926 Bar council Act,1968 Judges enquiry Act.Any
judge needs promotion contact all India CBCID they will
take the file to President of India office for clearance but
do not have gutts to go to collegium.
That the team leader has given a U.O. Note
Rc.No. 1 /2001 – Audit dt. 30-04-2001 wherein I
was entrusted with following branches vouching :
Vouching of Debit and Credit Vouchers.
(ii) Checking of scroll, day book / cash book
(iii) Checking of posting of GL Loan Ledgers, R & P,
P&L, B/s with the books of account
(iv) Assisting of the time of finalization and any
other work entrusted.
Branches allotted (1) James sheet, (2) Nampally,
(3) Mehdipatnam, (4) Ameerpet, (5) lalaguda, (6)
Mahaboobnagar.
In this context I am to submit that I have
submitted the tour diaries every fortnight to the
DCAO Hyderabad (U) District in which a day work
turned out by me.
AMEERPET

52.
30-04-2001 Ameerpet Branch vouching from 9-
10-2000 to 15-10-2000
01-05-2001 to
09-05-2001 Vouching from oct 2000 to 10-03-
2001.
16-05-2001 to
24-05-2001 Posting of Day book to GL Register
LALAGUDA BRANCH
25-05-2001 to
31-0-5-2001 Vouching from 09-10-2000 to
13-12-2000
01-06-2001 to 1-1-2001 to 15-02-2001
02-06-2001
JAMES STREET BRANCH
Vouching from 15-04-2001 to 29-04-2001
MAHABOOB NAGAR BRANCH
06-06-2001 &
07-06-2001 Vouching from 1-4-2001 to 30-04-
2000.
09-06-2001 Vouching from 16-02-2001 to
05-03-2001
11-06-2001 Attended review meeting at DCAO

53.
Office
JAMES STREET BRANCH
12-06-2001 Vouching from 30-04-2001 to 2-6-
2001
13-06-2001
LALAGUDA BRANCH
14-06-2001 Vouching from 06-03-2001 to 31-
03-2001
15-06-2001 Day book with GL upto December.
LALAGUDA BRANCH
16-6-2001 to Day book to GL
18-06-2001
19-06-2001 to Vouching from 20-06-2001 to
3-11-2001
21-06-2001
MEHDIPATNAM BRANCH
21-06-2001 to Vouching from October, 2000
to 02-01-2001
24-06-2001
JAMES STREET BRACH
25-06-2001 Vouching from 4-7-2000 to August,

54.
2000
27-06-2001
MEHDIPATNAM BRANCH
28-6-2001 to Vouching February, 2001 to
February, 2001
30-06-2001 GL posting from Oct to Dec 2000.
MEHDIPATNAM BRANCH
2-7-2001 to
7-7-2001 GL Ledger posting with book
9-7-2001 Completed branch postings
10-07-2001 Attended review meeting at DCAO
Office
BHOLAKPUR BRANCH
11-07-2001
14-07-2001 Vouching upto July 2001
16-07-2001 to
31-07-2001 Vouching & GL posting with day
book.
NAMPALLY BRANCH
1-8-2001 to
15-8-2001 Vouching from April 2000 to Feb
2001.
16-8-2001 to
31-08-2001 Vouching and posting of GL with
Day Book.

55.
NAMPALLY BRANCH & BHOLAKPUR BRANCH
1-9-2001 to 15-9-2001 posting of GL with Day
Book
16-9-2001 to
25-9-2001 posting of GL with Day Book
And I was submitted the defects pointed out in
vouching and checking to the authorities..
IX;-degree of judicial police is controlling the case
with malafide intension not to go to trial since last
14 years and the P.P. and judges supporting the
constables with their power of authority. It is not
out of place to mention here that my grand mother
told me that there is a justice department in India
they may ask yes or no and decide the case .,Is the
judiciary handed over trail to constables, If so the
politicians can sale this country to other country
corporate politicians. I am not going to say Jee
huzoor bancha kalmoktha to any body. Further that the
provisions of the Constitution and the Code of Criminal Procedure are not being
observed by the courts then the question of judiciary standards and
accountability come in to force. For this purpose a procedure must be devised
for registrationby the parliament and state assemblies.
Honourable public prosecutor has demanded Rs 10,00,000/-
for all India Bail to me and also told me that this amount will
be distributed among the all concerned. The DSP has told that
he will file the charge sheet later on ,first you remand him, I
said Iam a Govt. Servant then asked about my basic pay it isRs

56.
9200/- the DSP and The Judge compared their Basic pay with
my basic pay which is RS8000/-each, requested for bail and
submitted written bail papers ,(personal surety allowed by Sc
in Virjlal v )the judge asked for taking a lawyer but I refused
and asked for check up ,refused , I felt that it is a open court
and spoken loudly for bail and medical checkup and also
informed that my sons are studying Engineering ,you can
murder me with police gun but before you give me bail, then
has directed to see the public prosecutor, in turn has
demanded RS10,00,000/- for bail, I said I do not have single
pie, then has given a chance of acceptance orally so that
constables will collect. I refused and the judge shouted to
take pleader service, I said no ,having knowledge on the law
and due to non withdrawal of post I am in Central
Government duty as for as FR 127 terms of the Govt. The
Judge has issued remand proceedings, at that juncture my
Asst.Registrar of Coop. Societies have came to the court and
heard the foul law have handed over some money to go to
jail,with that along with HC gone in a Auto and Paid Rs 28/-
and entered after one hour I got all India Chest pain and fell
down , the doctor has came and saw my position has shifted
to jail hospital. That is police law with a executive of the state.
Section 24 of Cr.P.C deals with ‘ Public Prosecutors’:
Section 24 of the CrPC says as to appointment of public
prosecutors in the High Courts and the district by the
central government or state government. Sub-section 3 says
down that for every district, the state government shall
appoint a public prosecutor and may also appoint one or

57.
more additional public prosecutors for the district. Sub-
section 4 requires the district magistrate to prepare a panel
of names of persons considered fit for such appointment, in
consultation with the sessions judge. Sub-section 5 explains
an embargo against appointment of any person as the public
prosecutor or additional public prosecutor in the district by
the state government unless his name appears in the panel
prepared under sub-section 4. Sub-section 6 provides for
such appointment wherein a state has a local cadre of
prosecuting officers, but if no suitable person is available in
such cadre, then the appointment has to be made from the
panel prepared under subsection 4. Subsection 4 says that a
person shall be eligible for such appointment only after he
has been in practice as an advocate for not less than seven
years.
A public prosecutor is appointed under Sec of CrPC to
conduct prosecutions, appeals or other proceedings in the
court. He has also the power to withdraw a case with court’s
consent. He is an officer of the court and is not involved in
investigation.
Investigation and prosecution are two different facets in the
administration of criminal justice. The role of a public
prosecutor is inside the court whereas investigation is
outside it. Involving the public prosecutor in investigation is
not only injudicious but is also pernicious in law. There is no

58.
stage during which the investigating officer is obliged to take
the opinion of a public prosecutor or any other authority.
The judge ruled that as investigation into complaints
alleging commission of cognizable offences is in the exclusive
domain of the investigating officer, he is not justified in
seeking the legal opinion of the public prosecutor on whether
or not the evidence collected during the course of
investigation justifies filing of a charge sheet. “Within limits
no judge and no Supreme Court can make itself a third
chamber. No Supreme Court and no judiciary can stand in
judgment over the sovereign will of Parliament representing
the will of the entire community. If we go wrong.
Being an officer of the court, the prosecutor is believed to
represent the public interest and as such not to seek
conviction of a party by hook or crook. The prosecutor is
supposed to lead evidence favourable to the accused for the
benefit of the court, not conceal it to secure a conviction. It is
also believed that in a case of withdrawal of prosecution, if
the prosecutor makes an independent decision to withdraw a
case then the court should accept this and permit
withdrawal under section 321 of the Criminal Procedure
Code (CrPC).
Section 24 of the CrPC provides for appointment of public
prosecutors in the High Courts and the district by the
central government or state government. Subsection 3 lays
down that for every district, the state government shall

59.
appoint a public prosecutor and may also appoint one or
more additional public prosecutors for the district.
Subsection 4 requires the district magistrate to prepare a
panel of names of persons considered fit for such
appointment, in consultation with the sessions judge.
Subsection 5 contains an embargo against appointment of
any person as the public prosecutor or additional public
prosecutor in the district by the state government unless his
name appears in the panel prepared under subsection 4.
Subsection 6 provides for such appointment wherein a state
has a local cadre of prosecuting officers, but if no suitable
person is available in such cadre, then the appointment has
to be made from the panel prepared under subsection 4.
Subsection 4 says that a person shall be eligible for such
appointment only after he has been in practice as an
advocate for not less than seven years. Section 25 deals with
the appointment of an assistant public prosecutor in the
district for conducting prosecution in the courts of
magistrate. In the case of a public prosecutor also known as
district government counsel (criminal) there can be no doubt
about the statutory element attached to such appointment by
virtue of this provision in the CrPC 1973. The role of the
public prosecutor.
The present criminal justice system is based on the principle
that any crime committed by an individual is a crime against
the societal order. The prosecution and punishment for the

60.
crime is therefore the responsibility of the state, and not that
of the victim of the crime. It has been argued that this
responsibility - where the state acts on behalf of the victims -
limits the scope for vengeance and revenge. Such
prosecution, on behalf of the state (and therefore society) is
performed by a public prosecutor (PP) appointed by the
State. The PP is required to play an impartial and neutral
role and prosecute all persons who have been charge-sheeted
by the police. However given the power-play discussed
previously, and the vast political and economic forces that
influence the government, it is obvious that the PP faces
tremendous pressure, not only from the state but also
powerful elites who attempt to influence the prosecution.
Although the PP is appointed by the State, the prosecutor's
sole aim is not seek a conviction. A number of court
judgments have emphasized that the PP is a 'minister of
justice' who should place before the court all evidence in the
PP's possession, whether in favour of or against the accused.
This is seen as proper prosecution, as opposed to single-
minded persecution in seeking a conviction regardless of the
evidence.
The prosecution system in India;
With 'law and justice' being a State subject, there is no
uniformity in the structure of public prosecution in India. In
a large number of States the boundary between the
investigation agency and the prosecution is blurred. This

61.
adversely affects the impartiality of the PP since the police
could control the prosecution. In a few States where the
prosecution is headed by a senior police officer, the
boundary completely collapses. This system continues
presently in Uttar Pradesh and Tamilnadu, despite doubts
about its legality in light of a number of Supreme Court
rulings as also the upcoming CrPC Amendments, 2005.
Excerpts from relevant rulings;
"the purpose of a criminal trial is not to support at all costs
a theory but to investigate the offence and to determine the
fault or innocence of the accused and the duty of the Public
Prosecutor is to represent not the police but the Crown and
his duty should be discharged by him fairly and fearlessly
and with full sense of responsibility that attaches to his
position." Patna High Court, Kunja Subidhi and anr. vs.
Emperor (30 CrLJ 1929)
" ... duty as a public prosecutor is not merely to secure the
conviction of the accused at all costs but to place before the
Court whatever evidence is in the possession of the
prosecution, whether it be in favour of or against the
accused and to leave the court to decide upon all such
evidence, whether the accused had or had not committed the
offence with which he stood charged." Oudh Chief Court,
Ghirro and ors. vs. Emperor (34 CrLJ 1933)

62.
"[it is] as much the duty of the prosecutor as of the court to
ensure that full and material facts are brought on record so
that there might not be miscarriage of justice." Supreme
Court, Shakila Abdul Gafar Khan vs. Vasant Raghunath
Dhobale, (2003) 7 SCC 749
"A public prosecutor is an important officer of the state
government and is appointed by the state under the Cr.P.C.
He is not a part of the investigating agency. He is an
independent statutory authority." Supreme Court, Hitendra
Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602 .
"there can be no manner of doubt that the Parliament
intended that Public Prosecutors should be free from the
control of the Police Department."
The relationship between the investigation, prosecution and
the executive received the Supreme Court's attention in the
Jain Hawala case (Vineet Narrain v. Union of India, 1998 (1)
SCC 226). In this case the bureaucrat-politician-criminal
nexus had used all means necessary to thwart the
investigation and prosecution of corruption cases by the
Central Bureau of Investigation. The Court monitored the
progress of these cases and passed detailed directions on the
functioning of various agencies involved and even warned
the minister in charge to avoid interfering with the
investigation and prosecution.

63.
Political interference can also take a more direct form -
ensuring withdrawal of cases. Under Section 321 CrPC the
public prosecutor has the power to withdraw a case at any
time before the judgement is pronounced. There is no clear
indication in the CrPC however as to how this power is to be
exercised. Case law has indicated that while the power to
withdraw can be exercised by the PP only on the request of
the State government or complainant, the decision whether
to withdraw or not is only that of the PP and cannot be
delegated to any other - including the State government.
Prosecutors, police officers and defence lawyers however
insist that in reality, the PP has no role in deciding on
withdrawal of the case and it is the executive that decides on
the withdrawal. Given the control of the executive over the
security of the posts, it is obvious that the PP has little
defence against the executive. An excellent example is the
withdrawal of criminal charges in the Bhopal gas leak case.
In that instance the Union of India arrived at a settlement
with the Union Carbide Corporation under the aegis of the
Chief Justice of India. It is unlikely that there was any
independent 'application of mind' by the PP in charge of the
criminal case before withdrawal from the prosecution.
The role played by the executive in thwarting prosecution
following communal violence situations too has raised
concern. For instance, after the 1984 anti-sikh carnage in
Delhi, the Congress government was unwilling to appoint

64.
lawyers with integrity and experience to prosecute those
cases. The role of the Shiv Sena-BJP government after the
1992-93 Bombay riots too is damning. Only cases registered
against Muslim rioters proceeded at great speed with no
witnesses turning hostile. In almost all other cases, especially
those where policemen were charged, there was no interest
amongst the prosecution and the executive. In one case
where the former Commissioner of Police of Mumbai was
the accused, the Magistrate pulled up the prosecutor on the
ground that he was representing the prosecution and the
accused at the same time. Bhagalpur case is also to be noted.
Any doubt of executive interference was removed after cases
relating to the 2002 genocide in Gujarat came up in courts in
the State. While the Supreme Court has taken notice of some
of the blatant irregularities in some of the cases, other cases
from Gujarat are languishing. In the prominent Best Bakery
case, the Supreme Court unprecedentedly ordered a retrial
in Maharashtra virtually indicting the BJP government in
Gujarat for interference in cases.
Another area where the executive exerts influence on the PP
is in filing appeals and revisions. Here again the PP is
supposed to take direction from the executive and then apply
an independent mind. However in practice the decision is
taken completely by the executive with the PP only playing a
forwarding role. Where the accused are part of the state
machinery or in collaboration with it, these issues get further

65.
magnified. The role of the prosecution in the future will be
tested particularly in how it deals with such cases under
pressure from the executive. There is no doubt however that
a number of steps need to be taken before that to ensure that
the prosecution service can even attempt to resist this
pressure. This includes providing adequate facilities, fair
appointments and ensuring job security. This, with greater
autonomy from both the police and the executive will allow
the prosecution to be more successful. This success must not
however be measured in terms of convictions, but instead by
observing whether an independent and autonomous
prosecution can act to facilitate a culture of rights by ending
impunity and initiating action against powerful sections of
state and society that violate the law.
In R K Jain's case (AIR 1980 SC 1510), the Hon’ble
Supreme Court held quoting Shamsher Singh v. State of
Punjab [(1974) 2 SCC 831), as regards the meaning and
content of executive powers tends to treat the public
prosecutor¡¦s office as executive. But the conclusions of some
courts create doubt as to its exact nature. To the suggestion
that the public prosecutor should be impartial (a judicial
quality), the Kerala High Court equated the public
prosecutor with any other counsel and responded thus:
Every counsel appearing in a case before the court is
expected to be fair and truthful. He must of course,
champion the cause of his client as efficiently and effectively

66.
as possible, but fairly truthfully. He is not expected to be
impartial but only fair and truthful. [Aziz v. State of Kerala
(1984) Cri. LJ 1060 (Ker)]
In Thakur Ram vs. State of Bihar AIR 1996 SC 911, the
Hon’ble Apex Court held: “Barring a few exceptions, in
criminal matters the party who is treated as aggrieved party
is the State which is the custodian of the social interests of
the community at large and so it is for the State to take all
steps necessary for bringing the person who has acted
against the social interests of the community to book” The
rationale behind the State undertaking prosecutions appears
to be that no private person uses the legal apparatus to
wreak private vengeance on anyone.
In Vineet Narain vs Union of India, when the court focused
that the CBI failed to investigate properly offence involving
high political dignitaries. The Hon’ble Court emphased the
need to ensure that ‘’ there are no arbitrary restrictions to
the initiation of Investigations or launching of
prosecutions’’.
In Jitendra Kumar@ Ajju vs. State (NCT of Delhi) Crl.
W.P. 216/99, Delhi High Court, it was observed that In the
Criminal Justice System this role is performed by the Public
Prosecutor on behalf of the State. The Public Prosecutor has
been described as a Minister of Justice who plays a critical
role in maintaining purity and impartiality in the field of
administration of criminal justice.

67.
In The Malimath Committee Report (2003), it is
acknowledged that there is a crisis in the Indian Criminal
Justice System. But its analysis of the crisis is disturbing.
Rather than focusing on key issues that plague the Criminal
Justice System, the Committee recommended changes that
amounted to a complete departure from jurisprudential
norms.
In R K Jain v. State (AIR 1980 SC 1510), the Supreme Court
sketched out the contours of the public prosecutor¡¦s power
for withdrawal of cases. In Shonandan Paswan v. State of
Bihar [(1987) 1 SCC 288] and in Mohd. Mumtaz v. Nandini
Satpathy [1987 Cri. L.J. 778 (SC)], the Supreme Court ruled
that the public prosecutor can withdraw a prosecution at
any stage and that the only limitation is the requirement of
the consent of the court.
The Punjab & Haryana High Court in Krishan Singh
Kundu v. State of Haryana [1989 Cri. LJ 1309 (P&H)] has
ruled that the very idea of appointing a police officer to be in
charge of a prosecution agency is abhorrent to the letter and
spirit of sections 24 and 25 of the Code. In the same vein the
ruling from the Supreme Court in SB Sahana v. State of
Maharashtra [(1995) SCC (Cri) 787] found that irrespective
of the executive or judicial nature of the office of the public
prosecutor, it is certain that one expects impartiality and
fairness from it in criminal prosecution. The Supreme Court
in Mukul Dalal v. Union of India (1988 3 SCC 144) also

68.
categorically ruled that the office of the public prosecutor is
a public one and the primacy given to the public prosecutor
under the scheme of the court has a social purpose. But the
malpractice of some public prosecutors has eroded this value
and purpose. Conclusion:
The commission of a criminal act is commonly regarded as
an offence against the State which to be dealt with by the
Criminal Justice machinery of the State Executive.
Therefore, on thorough considerations of the above material,
it is crystal clear that it is not the duty of Public Prosecutors
to quest conviction at all cost. Nor, is their duty to act as an
avenging angle for the victim. On the contrary, their
fundamental duty is to ensure that justice is delivered and in
pursuance of this they should lay before the court all
relevant evidence including the evidence that favours the
accused. Corollary to this is the duty of a Public Prosecutor
to bring to attention of the Court, any issue that the defense
could have raised, but has failed to do. But, in doing so, they
cannot act as if they are defending the victim, nor can they
appear on behalf of the accused. When the Prosecutor acts
in a manner as if she/he was defending the accused, then
there is no fair trial. A Public Prosecutor is an independent
entity from police and police cannot order her/him to
conduct prosecution in a particular way. Police, politicians
or any other extraneous party cannot influence her/his
actions, including her/his discretion to decide withdrawal of

69.
a case. The Public Prosecutor represents the State but not
the police and can only be influenced by public interest. In
pursuance of their duties, public prosecutors should not use
improper methods calculated to produce wrongful
convictions and she/he must discharge her/his functions in a
scrupulously fair and honest way. A fortiori, a Public
Prosecutor has the responsibility of a minister of justice and
not simply that of an advocate
Thomas Paine in his pamphlet Common Sense quoted, THE
LAW IS KING. For as in absolute governments the King is
law, so in free countries the law OUGHT to be King; and
there ought to be no other.
Rule of law can be traced back to Aristotle and has been
championed by Roman jurists; medieval natural law
thinkers; Enlightenment philosophers such as Hobbes,
Locke, Rousseau, Montesquieu in their theory of social
contracts and the American founders; German philosophers
Kant, Hegel and the nineteenth century advocates of the
rechtsstaat; and in this century such ideologically diverse
figures as Hayek, Rawls, Scalia, Jiang Zemin and Lee Kuan
Yew. The term Rule of Law is derived from the French
phrase la principe de legalite(the principle of legality) which
refers to a government based on principles of law and not of
men. It also means that power should be exercised within the
statutory ambit and purported exercise of it would not just
be ultra vires, but in a true sense of term arbitrary.

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According to A V Dicey whenever there is discretion there is
room for arbitrariness. Even in the most autocratic form of
ruling there is a legal framework according to which the
government works. In a monarch this concept developed to
control the power of arbitrary powers of the monarchs who
claims to have divine powers. Same way in a democracy it
ensures that the holders of public policy must be able to
justify publicly that the exercise of powers is socially just
and according to law.
Presently, the concept has altered into a new corollary
stating that the holders of public powers must be able to
publicly justify that the exercise of power is legally valid and
socially just. It is the present day modernized name for
natural law. In jurisprudence, it was known as ‘jus naturale’
by the Romans, ‘law of god’ by the medievalists. Coming
ahead in time, Rousseau, Hobbes and Locke called it ‘social
contract’ or ‘natural law’. The modern man refers to it as
‘the rule of law’
Efforts to specify the meaning of the Rule of Law commonly
appeal to values and purposes that the Rule of Law is
thought to serve. First, the Rule of Law should protect
against anarchy and the Hobbesi an war of all against all.
Second, the Rule of Law should allow people to plan their
affairs with reasonable confidence that they can know in
advance the legal consequences of various actions. Third, the

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Rule of Law should guarantee against at least some types of
official arbitrariness.
Dicey’s Concept Of Rule Of Law;
In his book, the law and the constitution, published in the
year 1885, Dicey attributed three meanings to the doctrine of
rule of law: 1. Supremacy Of Law: It implies the absolute
power of law, dominance and the supremacy of it. It is
opposed to the influence of arbitrary power and wide
discretionary power. In Dicey’s words, “wherever there is
discretion, there is room for arbitrariness and that in a
republic no less than under a monarchy discretionary
authority on the part of the government must mean
insecurity for legal freedom on the part of its subjects.
2. Equality Before The Law: The law administered should
be the ordinary rule of law applicable to all the people
equally irrespective of caste and creed or religion. This
doctrine has been also included in the Indian Constitution in
the form of Article 14. The excerpts of which can also be
seen in Article 15. Dicey was of the view that, any
encroachment on the jurisdiction of the courts and any
restrictions on the subject’s unimpeded access to them are
bound to jeopardize his rights.
3. Predominance Of Legal Spirit: The Constitution is not the
source but the consequence of the rights of the individuals.
Here, Dicey emphasized on the role of the courts. Without an